Software EULA
(for Alloy, iDrum, Music & Speech Cleaner, Nectar, Ozone, OzoneMP, pHATmatik PRO, Radius, RX, Spectron, Stutter Edit, The T-Pain Effect, Trash)

Content EULA
(for XRB and XRB Free)

• Alloy
• iDrum
• Music & Speech Cleaner
• Nectar
• Ozone
• OzoneMP
• pHATmatik PRO
• Radius
• RX
• Spectron
• Stutter Edit
• The T-Pain Effect
• Trash

END USER LICENSE AGREEMENT (EULA)

iZotope, Inc. grants you a non-exclusive license to use the Software free of charge. Although you are free to download and use the Software, you are not free to reproduce or redistribute the Software without the express written consent of iZotope, Inc. You are free to point your end users to the iZotope download location so they may download the Software, if available, directly from iZotope or from a location that has express permission to redistribute the Software.

DISCLAIMER OF WARRANTY. Free of charge Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not iZotope, Inc. assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the agreement. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.

SCOPE OF GRANT.

You may:
use one copy of the Software on any one computer at any one time. If more than one user will be using the Software at any one time, you must obtain one License for each concurrent user of the Software from iZotope, Inc.

You may not:
permit other individuals to use the Software except under the terms listed above; modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software; rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or remove any proprietary notices or labels on the Software.

TITLE. Title, ownership rights, and intellectual property rights in the Software shall remain in iZotope, Inc. and/or its suppliers. The Software is protected by copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This License gives you no rights to such content.

TERMINATION. The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software.

EXPORT CONTROLS. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL iZotope, Inc. OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES OR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL iZotope, Inc BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT IPSWITCH RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF iZotope, Inc SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). iZotope, Inc, and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

MISCELLANEOUS. This Agreement represents the complete agreement concerning this license and may amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is iZotope, Inc. 700 Technology Square, Cambridge, MA 02139, USA.

• XRB
• XRB Free

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND IZOTOPE, INC. ("iZotope"). READ THIS AGREEMENT CAREFULLY BEFORE YOU CLICK ON THE “Agree” BUTTON BELOW. BY CLICKING ON THE “Agree” BUTTON, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS.

IMPORTANT NOTE: THE IZOTOPE AND THIRD PARTY AUDIO LOOP CONTENT WHICH IS ACCOMPANIED BY THIS AGREEMENT (the “Audio Content”) MAY BE USED TO REPRODUCE MATERIALS. IT IS LICENSED TO YOU ONLY FOR REPRODUCTION OF NON-COPYRIGHTED MATERIALS, MATERIALS IN WHICH YOU OWN THE COPYRIGHT, OR MATERIALS YOU ARE AUTHORIZED OR LEGALLY PERMITTED TO REPRODUCE. IF YOU ARE UNCERTAIN ABOUT YOUR RIGHT TO COPY ANY MATERIAL, YOU SHOULD CONTACT YOUR LEGAL ADVISOR.

LICENSE. Subject to all the terms and conditions of this Agreement, you (an entity or a person) may use the Audio Content, either on a stand-alone computer or on a network, on any one computer at any one time. If more than one user will be using the Audio Content at any one time, you must obtain from iZotope an additional license for each additional concurrent user of the Audio Content. The Audio Content is "in use" on a computer when loaded into memory (RAM).

You may use the Audio Content, on a royalty-free basis, to create your own original soundtracks for your video and audio projects. You may broadcast and/or distribute your own soundtracks that were created using the Audio Content, however, individual samples, sound sets, or audio loops may not be commercially or otherwise distributed on a standalone basis, nor may they be repackaged in whole or in part as audio samples, sound libraries, sound effects or music beds.

The Audio Content may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. You agree not to use the Audio Content to infringe on other parties’ intellectual property rights, and you agree to defend, indemnify and hold us and our licensors harmless from and against any and all claims, damages and liabilities arising from your use of the Audio Content in violation of this Agreement.

OWNERSHIP. The intellectual property rights in the Audio Content are owned by iZotope or its licensors and are protected by the intellectual property laws of the United States and other countries and by international treaties. iZotope retains all rights not expressly granted in this Agreement.

OTHER RESTRICTIONS. You may not loan, rent, lease, or license the Audio Content, but you may permanently transfer your rights under this Agreement provided you transfer this Agreement, the Audio Content, and all accompanying printed materials and retain no copies, and the recipient agrees to the terms of this Agreement.

DISCLAIMER. THE AUDIO CONTENT IS PROVIDED “AS-IS”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IZOTOPE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IZOTOPE DOES NOT WARRANT THAT THE AUDIO CONTENT WILL MEET YOUR REQUIREMENTS. No dealer, distributor, agent or employee of iZotope is authorized to change or add to the warranty and remedies set forth herein.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IZOTOPE WILL HAVE NO LIABILITY FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE AUDIO CONTENT EVEN IF IZOTOPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL IZOTOPE BE LIABLE FOR ANY AMOUNTS EXCEEDING THE AMOUNTS RECEIVED FROM YOU FOR YOUR LICENSE OF THE AUDIO CONTENT. Some jurisdictions do not allow exclusion or limitation of liability for consequential or incidental damages, so this limitation may not apply to you.

TERMINATION. The Agreement will terminate automatically if you fail to comply with any of its terms. On termination, you must destroy all copies of the Audio Content.

GENERAL. This Agreement is the complete and exclusive statement of the agreement between you and iZotope and supersedes any proposal or prior agreement, oral or written, and any other communications relating to the subject matter of this Agreement. This Agreement will be governed by and interpreted under the laws of the Commonwealth of Massachusetts, United States of America, without regard to conflicts of law provisions; however, if you acquired the Audio Content outside the United States, local law may override this sentence and apply instead. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This Agreement is in the English language only, which language will be controlling in all respects, and all versions of this Agreement in any other language will be for accommodation only.

Should you have any questions about this Agreement or iZotope's content use policies, or if you desire to contact iZotope for any other reason, in the U.S., please write to Customer Service, iZotope, Inc. 700 Technology Square, Cambridge, MA 02139, USA, or email sales@izotope.com; outside the U.S., please contact the iZotope representative or affiliate serving your country or, if you are unsure whom to contact, iZotope at the above location.