LICENSED APPLICATION
END USER LICENSE AGREEMENT
ONE Instrument
Published by Infinity Audio
Effective date: as of the date of download or installation
IMPORTANT — READ CAREFULLY BEFORE USING THIS APPLICATION. This End User License Agreement (“Agreement”) is a legal agreement between you (“End-User”) and Infinity Audio (“Licensor”) for the use of the ONE Instrument macOS application (the “Licensed Application”), including all audio content, cloud services, and related features described herein.
By downloading, installing, or using the Licensed Application, you acknowledge that you have read this Agreement, understood it, and agree to be bound by its terms. If you do not agree to the terms of this Agreement, do not download, install, or use the Licensed Application.
The Licensed Application is licensed to End-Users through the Apple App Store. Your use of the Licensed Application is also governed by the Apple Media Services Terms and Conditions (“Usage Rules”), which are incorporated herein by reference. In the event of a conflict between this Agreement and Apple’s Usage Rules, this Agreement shall govern to the extent permitted by Apple.
A. SCOPE OF LICENSE
1. Licensor grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Licensed Application strictly in accordance with the terms of this Agreement and Apple’s Usage Rules.
2. This license covers the Licensed Application executable, all associated audio engine components, UI frameworks, and any updates or upgrades provided by Licensor unless those updates are accompanied by a separate license agreement.
3. You may not:
distribute, sublicense, sell, resell, transfer, assign, or otherwise commercially exploit or make available to any third party the Licensed Application or any portion thereof;
modify, translate, adapt, or create derivative works based upon the Licensed Application;
reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Licensed Application, except to the extent permitted by applicable law;
remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Licensor or its affiliates, partners, suppliers, or licensors;
use the Licensed Application in any way that violates applicable local, national, or international laws or regulations.
4. The license granted herein does not include any right to use any Licensor trademark, service mark, trade name, logo, or other identifier.
B. CONSENT TO USE OF DATA
1. You agree that Licensor may collect and use technical data and related information — including, but not limited to, technical information about your device, system and application software, and peripherals — that is gathered periodically to facilitate the provision of software updates, product support, and other services related to the Licensed Application.
2. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
3. For information about how Licensor collects, uses, and shares your personal data, please refer to the Licensor’s Privacy Policy, available within the Licensed Application and at infinity.audio/privacy. By using the Licensed Application you confirm that you have read, understood, and agreed to the Privacy Policy.
C. TERMINATION
1. This Agreement is effective until terminated by you or Licensor. Your rights under this Agreement will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this Agreement.
2. Upon termination of this Agreement, you must cease all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application.
3. Termination of this Agreement does not limit Licensor’s rights or remedies at law or in equity.
D. EXTERNAL SERVICES
1. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk.
2. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services.
3. Data displayed by any External Service, including but not limited to financial, medical, and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents.
4. You will not use External Services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of Licensor or any third party.
5. Licensor reserves the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to you.
E. SOUND LIBRARIES AND THIRD-PARTY VIRTUAL INSTRUMENTS
1. License, Not Sale. The Licensed Application may include or provide access to audio content, including but not limited to instrument samples, loops, presets, patches, MIDI data, and sound synthesis components (collectively, “Sound Content”). All Sound Content is licensed, not sold. Licensor grants you a limited, non-exclusive, non-transferable license to use Sound Content solely within the Licensed Application for your personal or professional audio production activities.
2. Third-Party Instrument Libraries. Certain Sound Content within the Licensed Application is provided by third-party content creators or publishers (“Third-Party Providers”). Such content is subject to the terms of the applicable Third-Party Provider license agreements, which may be more restrictive than the terms of this Agreement. By installing or downloading Third-Party Sound Content through the Licensed Application, you agree to the terms imposed by the respective Third-Party Provider. Licensor makes no representations or warranties regarding the accuracy, completeness, or fitness for purpose of any third-party Sound Content.
3. Production Use. You may use Sound Content to create, produce, record, mix, and commercially exploit original musical compositions and audio productions (“End Productions”), subject to the following restrictions:
You may not re-distribute, re-sell, or re-license Sound Content as standalone audio files, sample packs, or instrument libraries, in whole or in part;
You may not use Sound Content in any product or service that competes directly with the Licensed Application or with any Third-Party Provider’s products;
You may not reverse engineer, extract, or otherwise isolate individual samples or synthesis parameters from Sound Content for use outside the Licensed Application;
Certain Sound Content may carry additional use restrictions imposed by the Third-Party Provider; such restrictions will be disclosed within the Licensed Application.
4. Availability and Removal. Licensor reserves the right to add, modify, or remove Sound Content from the Licensed Application or its cloud library at any time, for any reason, including but not limited to the expiry or termination of the Licensor’s agreement with a Third-Party Provider. Removal of Sound Content does not entitle you to any refund, compensation, or substitute content. Sound Content that has been downloaded to your device prior to removal will remain available locally subject to the other terms of this Agreement.
5. Plugin Compatibility. Certain Sound Content may require third-party Audio Unit (AU v3) plugins or other software not included in the Licensed Application. It is your responsibility to obtain valid licenses for any required third-party plugins. Licensor is not responsible for the availability, compatibility, or licensing terms of any such third-party plugins.
F. CLOUD SERVICES
1. Cloud Features. The Licensed Application may offer cloud-based features, including but not limited to: remote storage and synchronization of user sessions and settings; access to a cloud instrument library; download and installation of Sound Content; and over-the-air content updates (collectively, “Cloud Services”). Access to Cloud Services requires an active internet connection and, in certain cases, a registered account and/or an active subscription.
2. Account. To access certain Cloud Services, you may be required to create an account (“Account”). You are responsible for: (a) maintaining the confidentiality of your Account credentials; (b) all activity that occurs under your Account; and (c) promptly notifying Licensor of any unauthorized use of your Account. Licensor is not liable for any loss or damage arising from your failure to comply with these obligations.
3. No Uptime Guarantee. Licensor makes no warranty that Cloud Services will be available at all times, uninterrupted, timely, secure, or error-free. Cloud Services may be temporarily suspended for maintenance, upgrades, or events outside Licensor’s reasonable control, including without limitation failures of telecommunications networks, internet service providers, or third-party hosting providers.
4. Cloud Content. Content made available through Cloud Services (“Cloud Content”) is provided subject to the terms of this Agreement and any applicable Third-Party Provider license. Licensor reserves the right to update, modify, or remove Cloud Content at any time. Licensor does not guarantee that any specific piece of Cloud Content will remain available.
5. Data Storage. By using Cloud Services, you grant Licensor a worldwide, royalty-free license to host, store, reproduce, and transmit the data and content you upload or sync to Cloud Services (“User Data”) solely for the purpose of providing and improving Cloud Services. You retain all intellectual property rights in your User Data. Licensor will handle User Data in accordance with the Privacy Policy.
6. Modification or Discontinuation. Licensor may modify, suspend, or discontinue Cloud Services (in whole or in part) at any time, with or without notice. Licensor will not be liable to you or to any third party for any modification, suspension, or discontinuation of Cloud Services.
G. SUBSCRIPTIONS AND IN-APP PURCHASES
1. Subscription Tiers. The Licensed Application may be available in multiple service tiers, including a free tier and one or more paid subscription tiers (e.g., Plus) (“Subscription”). Each tier provides access to different features, Sound Content, and Cloud Services as described within the Licensed Application.
2. Billing. All Subscriptions and in-app purchases are processed and managed exclusively through Apple’s App Store. By initiating a purchase, you agree to Apple’s App Store terms and conditions, including its billing and refund policies. Licensor has no control over, and is not responsible for, the App Store billing process.
3. Auto-Renewal. Paid Subscriptions automatically renew at the end of each billing period (monthly or annual, as applicable) unless auto-renewal is turned off at least 24 hours before the end of the current period. Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period. You can manage or cancel your Subscription at any time through your Apple ID account settings in the App Store.
4. Free Trial. Licensor may offer a free trial period for paid Subscriptions. If you do not cancel before the free trial period ends, you will be automatically charged for the applicable Subscription.
5. Price Changes. Licensor reserves the right to change Subscription prices at any time. Price changes will be communicated to you in accordance with applicable law and Apple’s policies. Continued use of the Licensed Application after a price change takes effect constitutes your acceptance of the new price.
6. Cancellation and Downgrade. If you cancel or downgrade your Subscription: (a) your access to paid features and Cloud Services will continue until the end of the current billing period; (b) Sound Content that has been downloaded to your device prior to cancellation will remain accessible locally for as long as you retain the Licensed Application; (c) cloud synchronization and cloud library access will be suspended at the end of the billing period; (d) Licensor is not liable for any loss of cloud-stored sessions or data resulting from cancellation or downgrade.
7. Refunds. All purchases are final. Refund requests must be submitted directly to Apple in accordance with Apple’s refund policy. Licensor has no authority to issue refunds for purchases made through the App Store.
8. Non-Consumable Purchases. Certain in-app purchases may be non-consumable (e.g., permanently unlocked content packs). Such purchases are tied to your Apple ID and may be restored on other devices using the same Apple ID, subject to Apple’s policies.
H. USER CONTENT AND SESSION DATA
1. Ownership. You retain all ownership rights in the original musical compositions, recordings, and arrangements you create using the Licensed Application (“User Compositions”). Licensor claims no intellectual property rights over your User Compositions.
2. Session Data. The Licensed Application stores configuration, MIDI sequences, patch selections, and recording data associated with your creative projects (“Session Data”). Session Data may be stored locally on your device and/or synchronized to Cloud Services. You are solely responsible for maintaining backups of your Session Data.
3. Exported Audio. You are responsible for ensuring that exported audio files (“Exported Audio”) comply with all applicable laws and with the licensing terms of any Sound Content used in their creation. Licensor is not liable for any infringement claims arising from your use of Exported Audio.
4. Data Loss. Licensor is not responsible for any loss or corruption of Session Data or User Compositions arising from: device failure; software errors; loss of internet connectivity; termination or suspension of Cloud Services; or cancellation of a Subscription.
I. NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE LICENSED APPLICATION AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PROVIDED BY THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, OR THAT THE LICENSED APPLICATION WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE, APPLICATIONS, OR SERVICES.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
J. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF CREATIVE WORK, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, SOUND CONTENT, CLOUD SERVICES, OR ANY THIRD-PARTY SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL LICENSOR’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS (USD $50.00).
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
K. EXPORT RESTRICTIONS
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List.
By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Licensed Application for any purposes prohibited by United States law, including without limitation the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
L. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Italy, without regard to its conflict of law principles.
If you are a consumer residing in the European Union, Switzerland, Norway, Iceland, or the United Kingdom, nothing in this Agreement shall affect any mandatory consumer protection rights granted to you under the laws of your country of residence.
Unless otherwise required by applicable mandatory law, any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the competent courts of Italy.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded from application to this Agreement.
M. MISCELLANEOUS
1. Entire Agreement. This Agreement constitutes the entire agreement between you and Licensor relating to the Licensed Application and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, between you and Licensor relating to the Licensed Application.
2. Severability. If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
3. Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Licensor’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
4. Notices. Licensor may provide notices by posting them within the application or by sending them to any email address provided by you. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.
5. Contact Information. For questions, support, or to report violations of this Agreement, please contact:
Infinity Audio
Email: legal@infinity.audio
Website: https://infinity.audio
ACKNOWLEDGMENT
BY DOWNLOADING, INSTALLING, OR USING THE LICENSED APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE LICENSED APPLICATION.
To the extent required by Apple’s App Store policies, this Agreement supplements Apple’s Standard Licensed Application End User License Agreement (“Standard EULA”). In the event of any conflict between this Agreement and Apple’s Standard EULA, this Agreement shall prevail to the extent permitted by applicable law and Apple’s policies.