AUDIOKINETIC - User Account Policy


Audiokinetic Inc. (“Audiokinetic”) has created this User Account Policy in order to provide you with the necessary information concerning the creation and use of an account with Audiokinetic, on Audiokinetic’s Web site (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 AT WWW.AUDIOKINETIC.COM. PLEASE REVIEW THE PRIVACY POLICY AND THE TERMS OF USE FOR ADDITIONAL DETAILS REGARDING YOUR ACCOUNT.

Audiokinetic may change this User Account Policy from time to time, at Audiokinetic’s 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.

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

User Account

The creation of a personal user account on the Site (“User Account”) will allow you to do any of the following: (i) access a Project Account, (ii) access the Wwise Certification Documentation and take the Wwise Certification Course, (iii) if you obtain a Wwise End User Certification, register with the Audiokinetic Creators’ Directory, (iv).access certain portions of the Site, (v) access messaging functions offered by the Site and (vi) receive certain publications, including the AUDIOKINETIC Wwise Technology (as defined therein) documentation from Audiokinetic. Please note that access to certain portions of the Audiokinetic Wwise Knowledge Base requires a Certified Developer status confirmation and are not available to the general public.

You will also be able to modify your profile settings.

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.

Project Account

Each time you or your organization purchases or otherwise obtains a license for a new title or product (each, a “Project”) under a license agreement with Audiokinetic (the “License Agreement”) for the use of Audiokinetic’s Wwise technology (as further defined in such License Agreement, the “AUDIOKINETIC Wwise Technology”), you must register and create a specific account for this Project, unless it was already created by the team at Audiokinetic (each, a “Project Account”).

Each Project Account will provide you with access to various information for the relevant Project, namely: (i) the Team Leader, if any (as defined below), (ii) the members of your organization who have access to the Project Account, (iii) the Expiration Date (as defined below) 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 Account will also give you access to the License Key necessary for use of the AUDIOKINETIC Wwise Technology in accordance with the relevant License Agreement and the purchases or other licenses thereunder. Please refer to the Section entitled “License Key”, below.

Each Project has an expiration date (“Expiration Date”) which is determined at the time of registration of the Project with Audiokinetic, as an approximate duration for the production of the Project.

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 thereof. 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 obtained an Evaluation License or purchased a Full Commercial License for the AUDIOKINETIC Wwise Technology, you will be informed of the upcoming Expiration Date through the AUDIOKINETIC Wwise Technology sixty (60) days before the Expiration Date. After the Expiration Date, you will continue have access to the Project Account but may no longer modify the information therein without Audiokinetic’s consent. The AUDIOKINETIC Wwise Technology will also revert to Trial mode and you are limited to 200 media assets in the Wwise SoundBanks.

You must communicate with Sales if you want to renew your access and extend the Expiration Date.

Team Leader

You may designate a person to act as the team leader (“Team Leader”) for a Project, which designation shall be communicated to Audiokinetic.

Only a Team Leader or Audiokinetic has the privilege to grant access to the Project Account to other members of the Project team.

If you are the Team Leader of a Project, you may only grant access to the people from your organization who need such access for the Project. Any access by a user is conditional upon creation of a personal user account by such user. You may not grant access to people unrelated to the Project or from another organization.

As Team Leader, you are responsible for ensuring that access granted to a person who is no longer part of a Project team or of your organization is revoked. Access to team members pursuant to an Academic License will be automatically revoked on July 31st of each year. If as Team Leader you wish to extend such access, please contact Sales. If you become aware that a user to whom you have granted access is not using his User Account or the Project Account in accordance with this User Account Policy, it is your responsibility to revoke such access and inform Audiokinetic of any such inappropriate use.

Audiokinetic reserves the right to revoke at any time the privilege granted to a Team Leader, if it believes that the Team Leader is not exercising his privilege according to this User Account Policy or is using it in bad faith.

Audiokinetic reserves the right to revoke at any time the access granted by a Team Leader to a user if it believes that the user is not using his access according to this User Account Policy, the Terms of Use, any License Agreement or any other document that he is bound by or is using it in bad faith.

If a Team Leader has not been assigned to a Project, it will be at Audiokinetic’s discretion to grant and revoke access to the Project Account to each User Account for each project.

License Key

Each Project Account contains the license key (the “License Key”) required to allow each Project team member to download and use the AUDIOKINETIC Wwise Technology in accordance with the relevant License Agreement and the licenses thereunder. A new Key shall be available through the Project License Page in the event of any change in the terms of the license or in access granted.

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 a license is purchased for a specific platform, the Key shall be designed to unlock the AUDIOKINETIC Wwise Technology with this or these platforms only. 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.

You may not disclose the License Key to any person, and the only reproduction and use of the Key that is allowed is as required to unlock the relevant portions of the AUDIOKINETIC Wwise Technology for the relevant Project. Team Leaders under the Academic License may provide the License Key to their faculty or students.

Confidentiality

Except as explicitly indicated, you agree that all information made available by Audiokinetic through your User Account and any Project 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 the AUDIOKINETIC Wwise Technology in accordance with the terms of the License Agreement and the end user license agreement therefor.

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 OT 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).

Language

You and Audiokinetic have each expressly requested and required that this User Account Policy be drawn up in the English language. Vous et Audiokinetic convenez et exigez expressément que cette Politique relative au compte utilisateur et tous les documents qui s'y rapportent soient rédigés en anglais.

 

Last Updated December 22, 2016.