PLEASE NOTE: BY DOWNLOADING AND/OR USING THE SOFTWARE AND/OR DOCUMENTATION ACCOMPANYING
THIS LICENSE AGREEMENT, YOU ARE HEREBY AGREEING TO THE FOLLOWING TERMS AND CONDITIONS:
EUGENE GAVRILOV KX AUDIO DRIVER SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT:
(REVISION #5; April, 15, 2009)
This is a legal agreement between you (individual or entity) and
Eugene Gavrilov ("the Author"). This Agreement states the terms and
conditions upon which Eugene Gavrilov offers to license
kX Audio Driver Software Development Kit (kX SDK),
including, but not limited to, documentation, source code, header and library files,
executable programs, binary files, images, sounds, microcode for digital signal processors
(DSPs) both in source and in binary form, host-based control code, scripts
associated with
kX Audio Driver Application Programming Interface (kX API),
kX Graphics User Interface (kX GUI),
kX Audio Driver Effects Library (kX FXLIB),
kX Audio Driver Plugin Interface,
kX Audio Driver Plugin Manager Application Programming Interface,
kX Manager Application Programming Interface (kX Manager API)
sample source code
(collectively, the "Software").
1 OBJECT OF THE AGREEMENT
1. The object of this agreement consists of the
kX Audio Driver Software Development Kit (kX SDK), comprising of (but not limited to)
documentation, source code, header and library files, executable programs, binary files,
images, sounds, microcode for digital signal processors (DSPs) both in source and binary
form, host-based control code, scripts associated with
kX Audio Driver Application Programming Interface (kX API),
kX Graphics User Interface (kX GUI),
kX Audio Driver Effects Library (kX FXLIB),
kX Audio Driver Plugin Interface,
kX Audio Driver Plugin Manager Application Programming Interface,
kX Manager Application Programming Interface (kX Manager API),
sample source code.
These are described hereinafter as the "Software" or
"kX Audio Driver Software Development Kit (kX SDK)".
The header and library files, data files and scripts associated with kX Audio Driver
Application Programming Interface (kX API), kX Graphics User Interface (kX GUI),
kX Audio Driver Plugin Manager Application Programming Interface (kX Manager API),
kX Audio Driver Plugin Interface and sample source code are described hereinafter as the
"Application Programming Interface (API)".
The source code, header and data files, and the executable programs of the DSP
effects, microcode for digital signal processors (DSPs), both in source and binary
form, host-based control code are described hereinafter as the "Effects Library".
The term "Software" includes both the "Application Programming Interface (API)" and
"Effects Library".
2. Eugene Gavrilov is the holder of all copyrights, rights of ownership, and other
rights concerning the "Software".
Eugene Gavrilov is also the holder of all copyrights, rights of ownership, and other
rights concerning the "Effects Library", unless it is
clearly mentioned that the particular part was written and is owned by third-parties.
3. The "Software" contains information about
- how to extend an application so that it can use kX Audio Driver extensions,
- how to program digital signal processors for audio processing,
- how to provide host-based control code,
- how to organize user interaction and microcode control,
and also contains microcode for digital signal processors and
host-based control code (both in source and binary form).
4. Eugene Gavrilov retains title and ownership of the 'Software' as well as ownership
of the copyright in any subsequent copies of the 'Software', irrespective of the
form of media on or in which the documentation and software are recorded or fixed.
By downloading and/or using this documentation and software, Licensee agrees to be
bound to the terms of this agreement.
2 GRANTING OF RIGHTS
1. Eugene Gavrilov grants to the Licensee a non-exclusive, worldwide, nontransferable
license during the term of this agreement to use the "Software" solely
for the development of applications that use "Application Programming Interface (API)".
Any part of the 'Effects Library', including, but not limited to, microcode for digital
signal processors both in source and / or binary form and host-based control code
copyrighted by Eugene Gavrilov and/or third-parties and covered by this license
agreement cannot be copied, modified, distributed or integrated into any product by the
licensee without prior written permission from Eugene Gavrilov or the copyright holders.
Any work derived from and/or based on the 'Effects Library' or any part thereof, should
be licensed as a whole at no charge to all third parties under the terms of this
License, or, at your option, under the FSF GNU Genral Public License (GPL) license.
Any work derived from and/or based on the 'Effects Library' should be accompanied with
the complete corresponding machine-readable source code, which must be distributed under
the terms of this License, or, at your option, under the FSF GNU General Public License (GPL) license.
Any work based on the "Application Programming Interface (API)" and not derived from
and not based on the 'Effects Library', can be copied, modified and distributed under
any license agreement.
2. The Licensee has no permission to sell, licence, give-away and/or distribute
the "Software" or parts of it in anyway, on any medium, including the Internet,
to any other person, including sub-licensors of the Licensee or companies
where the Licensee has any involvement. This includes re-working this
"Software", or reverse-engineering any products based upon this specification.
THE LICENSEE HAS NO PERMISSION TO USE MICROCODE FOR DIGITAL SIGNAL PROCESSORS
BUNDLED WITH THE "Software" NEITHER IN SOURCE, NOR IN BINARY FORM FOR ANY COMMERCIAL USE
WITHOUT PRIOR WRITTEN PERMISSION OF THE COPYRIGHT OWNER.
3. If the Licensee is developing a product, that is using parts or all of the
Software, and this product is not published under his own name but will be
published by another company, the Licensee is under the obligation to inform
the publisher of the resulting product, that he too must be a party to this
Licensing Agreement. The publisher has to completely agree with the Software License
Agreement. If the publisher is not in agreement with these conditions,
the publisher is not allowed to distribute this product which is using
parts or all of the Software.
4. If the Licensee is planning to publish a product, that is using parts or all
of the Software, the Licensee is under the obligation to inform Eugene Gavrilov
about it by sending a e-mail request to Eugene Gavrilov. (See contact address below).
5. Licensee shall not distribute or copy the documentation for any reason or by any means
(including in electronic form) or distribute, copy, modify, adapt, reverse engineer,
translate or prepare any derivative work based on the 'Software' or any element
thereof other than for the above said purpose, without the express written consent
of Eugene Gavrilov. Eugene Gavrilov reserves all rights not expressly granted to
licensee in this license agreement.
6. Any human- and machine-readable form of the DSP microcode ('dump') generated by any
utility bundled with the 'Software' or by any third-party utility is protected by the
license agreement bundled with the appropriate software package containing this microcode,
regardless the particular copyright notice is present in the dump.
3 USE OF TRADEMARKS
If the Licensee is publishing a product under his own name that is using
parts or all of the "Software", the Licensee shall be under an obligation
to refer to Eugene Gavrilov's copyrights and trademarks in the following way:
a) Eugene Gavrilov's copyright notice should be included in the documentation,
regardless of the media used to supply the documentation.
Copyright notice: "kX Audio Driver Interface Copyright (c) by Eugene Gavrilov, www.kxproject.com"
b) In the 'about box' of the product in the following format:
"kX Audio Driver Interface Copyright (c) by Eugene Gavrilov, www.kxproject.com".
c) For any work based on or derived from the "Effects Library", each source code file
should contain the following notice:
"This program is free software; you can redistribute it and/or"
"modify it under the terms of the "
"EUGENE GAVRILOV KX DRIVER SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT"
The Licensee can optionally release the derivated work under FSF GNU General Public License (GPL)
license agreement.
4 FEES AND ROYALTIES
The Licensee shall not obligated to pay to Eugene Gavrilov any fees or
royalties with respect to the Software, except as mentioned in this License Agreement.
5 LIABILITY FOR CONSEQUENTIAL DAMAGES
Eugene Gavrilov will not be liable for any consequential, special,
incidental, direct or indirect damages of any kind, including the
loss of data, damage of data-storage-devices, or any loss or damage
to other programs being used, arising out of the use of the Software
or any software developed by the Licensee, including any future up-dates.
6 PRODUCT WARRANTY
1. Eugene Gavrilov licences the Software on an "AS IS" basis.
Eugene Gavrilov makes no warranties, express or implied, including
without limitation the implied warranties of merchantability and
fitness for a particular purpose, regarding the Software or operation
and use in combination with the Licensee's program. Neither the
Licensee, its employees, agents, or Distributors have any right
to make any other representation, warranty or promise with respect
to the Software.
2. In no event will Eugene Gavrilov or anyone else involved in creation,
production and distribution of the 'Software' be liable to Licensee or
any other person or entity for any direct or other damages, including,
without limitation, any interruption of services, lost profits, lost savings,
loss of data, or any other consequential, incidental, special, or punitive
damages, arising out of the purchase, use, inability to use, or operation
of the 'Software', and/or licensee application, even if Eugene Gavrilov
has been advised of the possibility of such damages. All claims for
indemnification for losses by the Licensee itself or by third parties
shall be excluded.
3. Eugene Gavrilov may release improved versions of the Software
but offers no commitment whatsoever that such releases will occur
at anytime or for anybody. Information found in the 'Software' is subject
to change without notice. Eugene Gavrilov shall have no obligation to
update or otherwise correct any errors in the 'Software' even if he is
aware of such errors and Eugene Gavrilov shall be under no obligation
to provide to Licensee any updates, corrections or bug-fixes which
Eugene Gavrilov may prepare.
4. No oral or written information given by Eugene Gavrilov or his representatives,
shall create or otherwise enlarge the scope of any warranty hereunder.
5. Licensee assumes the entire risk as to the quality and the performance
of the 'Software' and licensee application. Should the 'Software', and/or
Licensee application prove defective, you, as licensee (and not Eugene Gavrilov)
assume the entire cost of all necessary correction, servicing, or repair.
7 INFRINGEMENT
Eugene Gavrilov represents and warrants that, as of the date of
this Agreement, it is not aware of any claim or action alleging that
the content of the Software infringes any third party intellectual
property right. Eugene Gavrilov, however, disclaims any obligation
of defense or indemnify of the Licensee or its customer with respect
to any such claim or action, or otherwise arising out of this agreement.
Eugene Gavrilov shall have no liability arising out of any such actual
or alleged intellectual property infringement. The Licensee, however,
shall promptly notify Eugene Gavrilov, in writing, of each such
infringement claim of which the Licensee becomes aware.
8 RELATIONSHIP BETWEEN THE TWO PARTIES
Nothing stated in this Agreement will be construed as creating the
relationships of joint ventures, partners, principal, agent or whatsoever.
The Licensee shall not be entitled to represent Eugene Gavrilov or to make
statements on his behalf.
9 TERM OF THE AGREEMENT
1. The Agreement shall run for an unlimited period.
2. If the Licensee is in breach of any of its obligations set out in
this agreement, Eugene Gavrilov shall be entitled to terminate this
agreement immediately and inform the Licensee verbally or by
e-mail about it. In such a case, this license and all the rights granted
to the Licensee herein shall immediately cease.
3. Eugene Gavrilov reserves the rights to release an updated revisions of
this License Agreement which immediately cease any rights granted to the
Licensee by any previous revisions of this License.
10 DESCRIPTION OF RIGHTS AND LIMITATIONS
You agree to not permit or cause any removal or modification of copyright
or proprietary notices, file name changes, or any modification or additions
to the Software files of any kind. You agree the Software may not be sold
or included in any product or package without specific written permission of
Eugene Gavrilov -- and that only sites designated by Eugene Gavrilov are
allowed to distribute this Software.
NO OTHER DISTRIBUTION IS ALLOWED.
11 FINAL PROVISIONS
1. This agreement and the interpretation thereof shall be exclusively
subject to the laws of Russian Federation and International Copyright Law.
2. If any one stipulation of this License contract should be or become
invalid, completely or in part, this shall not affect the validity of
the remaining stipulations. The parties undertake instead to replace
the invalid stipulations with a valid regulation which comes as closely
as possible to the purpose originally intended.
3. Place of jurisdiction for all disputes is Moscow.
4. This agreement does not require a specific form (e.g. recording by a notary).
Copyright (c) 2001,2002,2003,2004-2010 Eugene Gavrilov. All rights reserved.
Contact information: www.kxproject.com
You may need to accept Steinberg ASIO SDK Licensing Agreement in order to use
kX Driver ASIO extensions
ASIO Technology by Steinberg
All brand and product names listed are trademarks or registered trademarks of
their respective holders.
