BY ACCESSING AND USING THE FEATURES AND CONTENT PROVIDED TO YOU WITH YOUR PURCHASE OF AN IZOTOPE PRODUCERS CLUB SUBSCRIPTION (“SUBSCRIPTION”), PERMITTED SOLELY IN CONJUNCTION WITH YOUR DOWNLOAD AND USE OF IZOTOPE SOFTWARE PURSUANT TO THE END USER LICENSE AGREEMENT (“AGREEMENT”) OF WHICH THESE TERMS FORM A PART, YOU AGREE THAT YOU HAVE ACCESSED ONLINE, READ AND SHALL BE BOUND BY IZOTOPE’S SUBSCRIPTION TERMS AND CONDITIONS (“SUBSCRIPTION TERMS”) AS FOLLOWS:
1. Subscription Services.
a. License. As a subscriber, and subject to these Subscription Terms and your payment of the applicable license fees (“Subscription Fees”), iZotope hereby grants to you a limited, non-exclusive, revocable and non-transferable license to access and use the exclusive subscription features and content, including, but not limited to, presets and royalty-free samples, educational tutorials and newly curated add-ons as developed (collectively, the “Subscription Services”) for the duration of your Subscription. The Subscription Services are licensed, not sold to you, and iZotope, together with its third-party licensors, retains all ownership right, title and interest therein and thereto.
2. Third-Party Services. The Subscription Services may contain third-party software, bundled with iZotope Software, special features and educational content (collectively, “Third-Party Services”), for which you are granted a license to use by such third party. By your activation or use of such Third-Party Services, you agree to be bound by any license terms provided to you by the third party therewith. You further agree that iZotope shall have no liability to you for Third-Party Services, beyond that portion of the purchase price represented by the Third-Party Services in question.
3. Ownership. The Subscription Services and all intellectual property rights therein and thereto (including copyrights, patents, trade secrets, trademarks, and trade dress) are owned by iZotope and/or its licensors and are protected by the laws of the United States and other countries and by international treaty provisions. iZotope retains all rights not expressly granted to you by these Subscription Terms. You shall not remove any product identification, trademark, copyright or other notices contained in or on the Subscription Services.
4. Restrictions on Use. You shall not, without iZotope’s prior written consent, cause or permit the (a) use, copying, modification, rental, lease, sublease, sublicense, transfer or other commercial exploitation of, or other third-party access to, any element of the Subscription Services; (b) creation of any modifications or derivative works of the Subscription Services; (c) reverse engineering of the Subscription Services; (d) gaining of unauthorized access to the Subscription Services or membership page (for example, by sharing the exclusive link provided to you with your Subscription); (e) interference with or disruption of the integrity or performance of the Subscription Services or the data contained therein; or (f) sending, storing or use of any infringing, obscene, threatening, libelous or otherwise unlawful or tortious material in connection with your use of the Subscription Services. iZotope reserves the right to take all steps reasonably necessary to protect the security, integrity or availability of the Subscription Services, notwithstanding anything to the contrary in these Subscription Terms.
5. Subscription Term. Your subscription starts on the date of purchase and is subject to automatic renewal. If you purchase a monthly subscription, your subscription shall continue for a period of thirty (30) days from the date of your purchase; if you purchase a yearly subscription, your subscription shall continue for one (1) year from the date of your purchase (“Initial Term”), at which time your subscription shall automatically renew for successive periods (“Renewal Terms”), each equal in length to your Initial Term, unless and until you elect to cancel or not to automatically renew your subscription (“Subscription Term”), as provided for herein.
7. Upgrades and Support. As a subscriber, you shall receive, in addition to our standard technical support and bug fixes for iZotope Software provided according to the Agreement, (a) Software upgrades and new features; (b) new services as developed for your purchased Subscription; and (c) priority customer care by email at firstname.lastname@example.org and through live chat at https://support.izotope.com. iZotope shall not, however, be obligated to provide support to you for any third-party software included as part of a bundle with your Subscription.
8. Cancellation. While you may disable the auto-renewal feature on your Subscription account at any time to prevent subsequent renewal, as provided for in Section 6 herein, iZotope does not allow for cancellation of a monthly Subscription Term mid-month. In the event, however, that you desire to cancel a yearly Subscription, you may do so at any time during the yearly Subscription Term by contacting email@example.com, after which iZotope shall provide you with a pro rata refund of the Subscription Fees paid to iZotope for the then-current Initial or Renewal Term, as is the case. Your rights granted herein shall terminate as of the date of cancellation, after which time you may no longer access and use the Subscription Services.
9. Amendments. iZotope reserves the right to update, modify, revise or amend these Subscription Terms, at any time in our discretion, to reflect new features and content as well as any modifications to the delivery and function of our subscription offerings. By continuing to access or use the Subscription Services after any such changes become effective, you agree to be bound by the revised terms.
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