"Agreement" means this Licence Agreement.
"Business Day" means any day other than a Saturday or Sunday or a public holiday in Australia.
"Commencement date" the date nominated by the Company provided always that the Customer has paid to the Company the Licence Fee and should the Customer fail to pay the Licence Fee by the Commencement Date, the Commencement Date shall be automatically extended without notice by either party to the Delivery Date.
"Customer" means you and/or any party authorised in writing by the Company to Licence the Product.
"Delivery date" the date or period specified for the delivery of the Product specified in clause 4.1.
"Force majeure" an act, omission or circumstance relied on by one of the parties to this agreement as a force majeure event and over which that party could not reasonably have exercised control.
"Licence" the licence granted by the Company to the Customer under this agreement.
"Licence fee" the fee payable by the Customer to the Company as nominated by the Company.
"Product" all synth presets, audio samples and associated midi Licensed by the Company to the Customer in exchange for payment of the Licence Fee by the Company.
"Reproduce" or "Reproduction" means to reproduce the Product within the Customer's original musical or audio compositions including demos, songs, albums, records, remixes, computer games, commercials, post productions, commissioned pieces and soundtracks for film, theatre, musicals, television and live performances but expressly excludes any use in any manner of the Product in isolation
Unless the context otherwise requires, words importing the singular include the plural and vice versa and words of one gender include all other genders.
A reference to a party to this Agreement includes a reference to that party's executor, administrator, heirs, successors, permitted assigns, guardian, and trustee in bankruptcy, all of whom, respectively, are bound by the provisions of this Agreement.
Headings in this Agreement are inserted for guidance only, and shall not affect the meaning and interpretation of the remaining provisions of this Agreement.
A reference to an amount of currency is a reference to that amount in Euro.
Words in this Agreement importing the singular number or plural number shall include the plural number and singular number respectively.
Words in this Agreement importing persons include all persons, entities and associations, including companies, trusts, bodies corporate, statutory bodies, partnerships, and joint venturers.
Where a word of phrase is given a particular meaning in this Agreement, other parts of speech and grammatical forms of that word or phrase have corresponding meanings.
Where a party to this Agreement is more than one person the covenants and obligations on their part contained in this Agreement are binding upon each of them jointly and severally.
A reference to any statute is a reference to that statute, as amended and in force from time to time.
A reference to a party to this Agreement includes a reference to any partner, joint venturer, related company or subsidiary of a party to this Agreement, (whether presently existing or not) and each party respectively, shall be liable to perform or to procure the performance by any such partner, joint venturer related company or subsidiary to any obligation upon it arising pursuant of this agreement.
The Parties agree that this original Agreement may be in email or electronic form and that execution of this Agreement may be communicated by email.
This Agreement may consist of a number of copies each executed by one (1) or more parties to the Agreement. If so, the executed copies are treated as making up the one (1) Agreement.