AUDIOKINETIC - User Account Policy

Last Updated Octoer 12, 2022.


Audiokinetic Inc. (“Audiokinetic”, “we” or “us”) has created this User Account Policy in order to provide you with the necessary information concerning the creation and use of an account on our website at WWW.AUDIOKINETIC.COM, WWW.AUDIOKINETIC.CN and other related domains (collectively the “Site”). By creating and using your account, you agree to be bound by this User Account Policy.

PLEASE REVIEW THIS USER ACCOUNT POLICY BEFORE CREATING AND USING YOUR ACCOUNT. IF YOU DO NOT AGREE WITH THIS USER ACCOUNT POLICY, YOU WILL NOT BE ABLE TO CREATE OR ACCESS A USER ACCOUNT. THE USE OF YOUR ACCOUNT AND THE TERMS OF THIS USER ACCOUNT POLICY ARE ALSO SUBJECT TO THE PRIVACY POLICY AND THE TERMS OF USE, WHICH MAY ALSO BE FOUND ON OUR SITE. PLEASE REVIEW THE PRIVACY POLICY AND THE TERMS OF USE FOR ADDITIONAL DETAILS REGARDING YOUR ACCOUNT.

We may change this User Account Policy from time to time, at our sole discretion. Your continued use of your account following the posting of such changes will constitute your consent to all such changes. Please periodically revisit this User Account Policy to review the current version.

Defined Terms

To make this License Agreement easier to read, we have defined the following terms:

  • “Account Administrator” means a user that can create, maintain and update an Organization’s account and who is responsible for designating a Buyer;
  • “Account leader” means a user that can grant access to Strata for Authorized Users and who is responsible for managing access to Strata;
  • “AUDIOKINETIC Educational Program” means our specific products and services licensing program targeting academic institutions;
  • “AUDIOKINETIC Wwise Technology” means our proprietary audio and motion technologies;
  • “Authorized User” means a user authorized to use or access our products and services and who is responsible for complying with the applicable end user license agreements;
  • “Buyer” means a user that has the authority to purchase or obtain our products or services on behalf of an Organization and who is responsible for designating the Team Leader(s), Account Leader(s) or Course Leader(s);
  • “Course Leader” means a user that can grant access to eligible products and services for Authorized Users as part of the Educational Program and who is responsible for ensuring access is only granted to a student currently enrolled in an eligible course;
  • “Expiration Date” means (i) in the context of the AUDIOKINETIC Wwise Technology, a date that is determined at the time of registration of a Project that can be modified over time, after which you will continue to have access to the Project Account but may no longer modify the information without our consent and after which the AUDIOKINETIC Wwise Technology will revert to Trial mode; or (ii) in the context of Strata, the end date of the period of subscription under which you obtained access;
  • “IT Manager” means a user that can manage an academic institution’s copies of AUDIOKINETIC Wwise Technology in the context of the AUDIOKINETIC Educational Program;
  • “License Agreement” means the terms and conditions on which we license our products and services;
  • “License Key” means the key required to allow each Authorized User to download and use the AUDIOKINETIC Wwise Technology, which may not be disclosed to any other person or reproduced other than as required to unlock the relevant portions of the AUDIOKINETIC Wwise Technology for the relevant Project;
  • “Organization” means a company, entity or academic institution that purchases or otherwise obtains our products and services;
  • “Organization Account” means an account for an Organization, created and maintained by an Account Administrator;
  • “Project” means a product or project for which an AUDIOKINETIC Wwise Technology license was purchased or obtained;
  • “Project Account” means an account specific to a Project that contains the information and User Accounts associated with the Project;
  • “Team Leader” means a user that can grant access to AUDIOKINETIC Wwise Technology for Authorized Users who are part of a Project team and who is responsible for ensuring access is only granted to a user who is currently part of a Project team;
  • “Signatory” means a user that signs or accepts legal contracts on behalf of an Organization;
  • “Strata” means our subscription service that provides access to a variety of sound collections in multitrack format;
  • “User Account” means an account created on the Site by you or another user.

Capitalized terms used herein which are not defined have the meaning given to them in the Terms of Use.

General Rights and Restrictions

You will need to create an individual User Account in order to use and access most of our products and services. The creation of a User Account on Audiokinetic’s Site will allow you to do the following:

  • access a Project Account or an Organization Account;
  • access Audiokinetic products and services, such as AUDIOKINETIC Wwise Technology and StrataTM;
  • modify your profile information and settings;
  • purchase Audiokinetic products and services, such as licenses to AUDIOKINETIC Wwise Technology and Strata subscriptions;
  • access the Wwise Certification Documentation and take the Wwise Certification Course;
  • if you obtain a Wwise End User Certification, register with the Audiokinetic Creators’ Directory;
  • access certain portions of the Site;
  • access messaging functions offered by the Site;
  • receive certain marketing communications, such as newsletters and event invitations; and
  • receive certain publications, including documentation from Audiokinetic.

A User Account must be created using real names and other requested information must be true and accurate. Each User Account is tied to your email and your password, which may be changed through your profile settings without affecting your access. You may not allow any person to access your User Account using your address and password. If you learn of any such unauthorized access, you must inform Audiokinetic immediately. You will be responsible for any unauthorized access resulting from your disclosure of your password to another person.

If you are part of an Organization, you will need to be further designated as an Authorized User in order to access Strata and AUDIOKINETIC Wwise Technology. In the context of Organizations, a single user can have multiple co-existing types of User Accounts. For example, a User Account designated as Buyer can also be a Team Leader and an Authorized User.

AUDIOKINETIC Wwise Technology

  • Types of Applicable User Accounts
    User Account Functions
    (i) Account Administrator
    • Create, maintain and update the Organization Account
    • Designate users as Buyer
    (ii) Buyer
    • Makes the purchase of AUDIOKINETIC Wwise Technology license
    • Designate users as Team Leader(s) and Signatory
    (iii) Signatory
    • Signs or accepts legal contracts
    (iv) Team Leader
    • Grant and manage access for Authorized Users who are part of a Project team
    • Revoke access for inappropriate use or expired association with the Project
    (v) Authorized User
    • Access and use AUDIOKINETIC Wwise Technology
  • Project Accounts

    Each time you or your Organization begins a Project, you must create a specific Project Account, unless it was already created by the team at Audiokinetic. Each Project Account will provide you with access to various information for the relevant Project, namely: (i) the Team Leader, (ii) the members of your organization who have access to the Project Account, (iii) the Expiration Date for the Project, (iv) the status of your purchases or other licenses from Audiokinetic in connection with the Project (maintenance, plug-ins, etc.) and (v) all support tickets issued by the Project team.

    Each Project has an Expiration Date that can be modified over time. You will be informed of the upcoming Expiration Date through the AUDIOKINETIC Wwise Technology sixty (60) days before the Expiration Date.

    If your Project Account has been opened in connection with the grant of an Evaluation License for the AUDIOKINETIC Wwise Technology only, the Expiration Date for your Project will be the date which is 60 days (or longer at Audiokinetic’s discretion) from your download of the evaluation version of the AUDIOKINETIC Wwise Technology.

    If you believe the production of the Project will go beyond the Expiration Date, you may contact Sales at any time to request an extension.

  • Team Leader(s)

    You may designate one or more Team Leader(s) in the Project Account. Only a Team Leader has the privilege to grant access to the Project Account to other members of the Project team.

    As the Team Leader, you may only grant access to the people from your Organization who are actively working on the Project. You are responsible for ensuring that access granted to a person who is no longer part of a Project team is revoked.

  • License Keys

    Each Project Account contains the License Key required to allow each Project team member to download and use the AUDIOKINETIC Wwise Technology. The License Key can unlock the AUDIOKINETIC Wwise Technology with one or several platforms and plug-ins, to the extent provided under the relevant License Agreement. If you want to extend the use of the AUDIOKINETIC Wwise Technology to other platforms, or purchase additional plug-ins, you need to contact Sales.

AUDIOKINETIC Educational Program

  • Types of Applicable User Accounts
    User Account Functions
    (i) Account Administrator
    • Create and update the Organization account for the academic institution eligible under the AUDIOKINETIC Educational Program
    • Designate Buyer
    (ii) Buyer
    • Obtains educational licenses for eligible products and services
    • Designate Course Leader(s) and Signatory
    (iii) Signatory
    • Signs or accepts legal contracts
    (iv) IT Manager
    • Manages the educational institution’s copies of AUDIOKINETIC Wwise Technology
    (v) Course Leader
    • Creates and manages courses
    • Grant and manage access for Authorized Users who are currently part of a course
    • Revoke access for inappropriate use or expired association with the course
    (vi) Authorized User
    • Access and use eligible products and services
    • Actively enroll in an eligible course
  • Course Leader(s)

    In the context of the AUDIOKINETIC Educational Program, the Buyer needs to designate Course Leaders who are responsible for managing access granted to the students in their course. The actively enrolled students are the Authorized Users. The Course Leader is responsible for creating and managing course accounts. Each Course provides the Authorized Users with License Keys that will expire at the end of the course. If you are the Course Leader, you may only grant access to the students enrolled in your course. You may not grant access to people unrelated to the course or from another Organization. As Course Leader, you are responsible for ensuring that access granted to a person who is no longer part of your course is revoked.

  • Project Accounts

    Each time students in a course begin a Project, they must register and create a specific Project Account associated with a course. The Expiration Date for your Project will be the earlier of July 31st of each year or the course Expiration Date. If as Authorized Users, you wish to extend such access, please ask your Course Leader to contact the Education team.

  • License Keys

    As a student enrolled in an eligible course, you need to create a User Account and make a request via our Site to link your User Account with a specific course as an Authorized User. The Course Leaders provide access to their students by approving their requests. The License Key will be accessible in the students’ User Account following the Course Leader’s approval.

    License Keys are automatically revoked on the earlier of July 31st of each year or the course Expiration Date. If as Course Leader you wish to extend such access, please contact the Education team.

Strata

  • Types of Applicable User Accounts
    User Account Functions
    (i) Account Administrator
    • Create and update the Organization account
    • Designate Buyer
    (ii) Buyer
    • Makes the purchase of Strata subscriptions
    • Designate Account Leader(s) and Signatory
    (iii) Signatory
    • Signs or accepts legal contracts
    (iv) Account Leader
    • CGrant and manage access to Strata for Authorized Users
    • Revoke access for inappropriate use or expired association with the Organization
    (v) Authorized User
    • Access and use Strata
  • Account Leader(s)

    In the context of an enterprise (multi-user) subscription to Strata, the Organization’s Buyer needs to designate the Account Leader(s) in the Organization Account. Only an Account Leader or Audiokinetic has the privilege to grant access to Strata to other Authorized Users who are part of the Organization.

    As the Account Leader, you may grant access up to the maximum number of seats under the Organization’s subscription. You may also change the list of Authorized Users during the subscription period at any time.

    In the context of a single user subscription to Strata, the Authorized User is also the Signatory and there are no Account Administrator, Buyer or Account Leader User Accounts.

  • Access to Strata

    You do not need a License Key to access to Strata. Strata will be available in the Subscription section of your User Account. Your access to Strata ends after the Expiration Date, after which you may no longer access, use or synchronize any Strata content.

Revoking Access

We reserve the right to revoke at any time the privilege granted to a User Account if we believe that the privileges associated with a User Account are exercised in violation of this User Account Policy or any other document by which a user is bound or if the User Account is used in bad faith. We reserve the discretion to grant and revoke access to Project or Organization Accounts.

Confidentiality

Except as explicitly indicated, you agree that all information made available by Audiokinetic through your User Account and any Project Account or Organization Account is non-public information proprietary to Audiokinetic and/or its licensees and partners. You agree to maintain this information confidential and to use such information only in connection with your use of Audiokinetic products and services in accordance with the applicable agreements.

Disclaimers

UNDER NO CIRCUMSTANCES SHALL AUDIOKINETIC OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS (AND WHETHER SUCH LOSS OF PROFITS IS DIRECT OR INDIRECT)) ARISING OUT OF OR CONNECTED WITH THE ACCOUNT (INCLUDING BUT NOT LIMITED TO ITS OPERATION, OR THE USE OR INABILITY TO USE THE ACCOUNT, OR THE USE OR INABILITY TO USE ANY OTHER TECHNOLOGY LINKED TO THE ACCOUNT, OR ANY CONTENT CONTAINED IN ANY SUCH ACCOUNT, THIS USER ACCOUNT POLICY, THE TERMS OF USE, OR THE PRIVACY POLICY APPLICABLE TO THIS USER ACCOUNT POLICY) EVEN IF AUDIOKINETIC OR ITS SUPPLIERS OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RESPECTIVE LIABILITY OF AUDIOKINETIC, AND ITS SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW OR THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS LOWER.

You agree to indemnify and hold harmless Audiokinetic, and its licensors, suppliers, officers, directors, employees, and agents (collectively “Indemnified Parties”) from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys’ fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use of your account, the placement, posting or transmission of any messages, information, software, content or other materials on or through your account by you or users of your account, or any breach or violation of this User Account Policy by you or users of your account. You agree to fully cooperate as reasonably required by an Indemnified Party(ies).

 

Last Updated October 12, 2022.