General Terms of Use and Licensing Conditions for the generative Software EASEAI
Effective Date: [20.01.2023]
1. Scope
These General Terms of Use and Licensing Conditions (hereinafter referred to as the
“Terms”) govern access to and use of the algorithmic music generation software “EASEAI”
(hereinafter referred to as the “Software”), developed and made available by the provider
via the web-based platform www.easedistribution.com/software (hereinafter referred to as
the “Provider”). By accessing or utilizing the Software, the user expressly agrees to be
bound by the Terms in their applicable version at the time of use.
2. Subject of the Agreement
- The Provider grants users access to a generative software application, available as a download and executable on Windows, which autonomously generates musical works through algorithmic processes without any human creative input.
- The music works generated through the use of the Software are fully automated and created without any creative contribution from the user.
- The usage is based on a licensing model, with the economic compensation for the use of the Software is provided through the exploitation of the generated works.
3. Rights to the Software and Generated Content
- The Provider grants the user a non-exclusive, non-transferable, and non-sublicensable right to use the Software as intended and in accordance with these Terms.
- The user is permitted to use the music works generated by the Software exclusively for private purposes and non-commerical use cases. Any commercial use or distribution with intention of monetisation by the user is strictly prohibited.
- All exclusive commercial usage and exploitation rights to the output and music works generated by the Software remain with the Provider.
- The output generated by the Software is considered independent and economically exploitable content. In jurisdictions where direct legal protection of such output may be uncertain due to the absence of human authorship, the protection and commercial exploitability of the generated content are derived from the rights to the underlying Software, including its proprietary algorithmic structure and operational processes. The Provider expressly reserves all rights necessary to safeguard and enforce its position regarding the ownership, control, and commercial use of such output.
4. License Compensation through Commercial Exploitation
- The user's use of the Software is subject to the payment of a license fee. This license fee is not upfront paid by the user but is economically derived from the revenues generated by the Provider through the commercial exploitation of the music works created using this software.
- The revenues obtained in this manner are explicitly and exclusively considered license income for the use of the Software and are to be classified as such for tax and economic purposes.
- The commercial exploitation is solely intended to realize the license fee for using the Software. It does not constitute a separate performance in the field of music or artistic services.
- The user is not obligated to make any additional payments. There is no entitlement to a share of the revenues unless expressly agreed otherwise.
5. Warranty and Availability
- The Software is provided "as is." The Provider makes no guarantees regarding specific functionalities, availability or the commercial usability of the generated content.
- Disruptions or limitations caused by third-party technical factors (e.g., server services, internet connection) do not entitle the user to any warranty claims or damages.
6. Liability
- The Provider is only liable in cases of intent or gross negligence. Any further liability, particularly for indirect damages, lost profits, or data loss, is excluded to the extent permitted by law.
- The Provider is not liable for any use of the Software that violates these Terms or applicable laws.
7. Duration and Termination
- Use of the Software is granted for an indefinite period and may be terminated by the Provider at any time without notice.
- Immediate termination for cause is permitted, particularly if the user breaches these Terms or uses the Software in an abusive or unlawful manner.
8. Data Protection
The collection and processing of personal data is carried out in accordance with the
Provider's privacy policy stated on this website.
9. Final Provisions
- These Terms shall be governed by the laws of the Republic of Cyprus.
- The place of jurisdiction is the Provider's registered office, unless otherwise required by mandatory law.
- Should any provision of these Terms be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced with one that most closely reflects the original economic intent.
Contact:
Ease Music Distribution Ltd.
Agias Sofias 18, Cypress Gardens, Block E, Office 201, 7550, Kiti (Larnaka), Cyprus
support@easedistribution.com