CbB EULA - where?

[Elena Kolpakova]

Looking for the License Agreement and having troubles finding one - where is it located these days?

[Bill Phillips]

10 hours ago, Helene Kolpakova said:

Looking for the License Agreement and having troubles finding one - where is it located these days?

Might be a good question to ask Bandlab.

[Elena Kolpakova]

After I'd read the section one point one of Bandlab's Terms of Use, I came to conclusion that that document is pretty much the EULA for CbB too. So in case anyone's looking for it, here it is:

https://blog.bandlab.com/terms-of-use/

[msmcleod]

It's shown in the installer.

This is what it is currently:

Quote

CAKEWALK by BANDLAB
LICENSE AGREEMENT

REV 04.2018

YOU SHOULD CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. INSTALLING AND USING THE PRODUCT INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD PROMPTLY RETURN THE PRODUCT UNUSED AND YOUR MONEY WILL BE REFUNDED.

1. GRANT OF LICENSE. In consideration of the covenants contained herein, BandLab ("BandLab" or the "Licensor") grants to you, the Licensee, a non-exclusive license to have one person use the Cakewalk by BandLab software product (the "Product") on one personal computer at a time. If you want to use the Product on more than one personal computer at a time, or if you want to network the Product, you must obtain separate licenses from BandLab. This license does not grant you any right to any enhancement or update to the Product. Enhancements and updates, if available, may be obtained by you at BandLab's then current terms and conditions. Product may automatically connect to server and verify if updates are available and notify Licensee of such updates. Internet connection is required to verify account status. If the Product is installed on computer not connected to the internet, BandLab will provide offline authorization options.

2. OWNERSHIP OF THE PRODUCT. Portions of the Product incorporate certain material proprietary to third parties. BandLab and licensors of BandLab own and will retain all title, copyright, trademark and other proprietary rights in and to the Product. This License is NOT a sale of the Product or any copy of it. You, the Licensee, obtain only such rights as are provided in this License Agreement. You understand and agree as follows:

2.1. You may NOT make any copies of all or any part of the Product except for archival copies of the computer software components of the Product as permitted by law.

2.2. You may NOT reverse compile, reverse assemble, reverse engineer, modify, incorporate in whole or in part in any other product or create derivative works based on all or any part of the Product.

2.3. You may NOT remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the Product.

2.4. You may not use the documentation for any purpose other than to support your use of the Product.

2.5. You may not perform engineering analyses of the Product, including performance analyses, or benchmark analyses, without the written permission of BandLab.

3. INSTRUMENT CONTENT.

3.1. The audio samples, recorded sounds, programs, MIDI patterns used by any instrument (“instrument content”) included with the Product remain the property of Licensor and are licensed, not sold, to you for use on your computer.

3.2. The Licensee may modify the instrument content. LICENSEE MAY USE THE INSTRUMENT CONTENT FOR COMMERCIAL PURPOSES WITHIN MUSICAL COMPOSITIONS.
 
3.3. This license expressly forbids resale, re licensing or other distribution of the instrument content, either as they exist on these discs, or any modification thereof. You cannot sell, loan, rent, lease, assign or transfer all or any of the enclosed sounds to another user, or for use in any competitive product.

4. DEMO or THIRD PARTY DEMO CONTENT RESTRICTIONS. Unless specified elsewhere in your product package, the following restrictions apply to all digitally recorded sounds, MIDI or BandLab-format song files or rhythm patterns, and printed or digitally reproduced sheet music contained in the product package (the "demo content"): All demo content is protected by copyright and owned by BandLab or other parties that have licensed these works to BandLab. Any duplication, adaptation, or arrangement of the demo content without written consent of the owner is an infringement of U.S. or foreign copyright law and subject to the penalties and liabilities provided therein. You may not synchronize the demo content with any videotape or film, or print the demo content in the form of standard music notation, without the express written permission of the copyright owner. The demo content may not be used for broadcast or transmission of any kind. You may not resell or redistribute the demo content "as is" (i.e., stand alone) in any way, including for use in sampling or sample playback units, or in any sound library product, or in any radio or television broadcast, soundtrack, film or other commercial product in any media, whether the works remain in their original form or are reformatted, mixed, filtered, re-synthesized or otherwise edited.

5. LICENSEE'S RESPONSIBILITIES FOR SELECTION AND USE OF THE PRODUCT. BandLab hopes the Product will be useful to your business or personal endeavors. HOWEVER, BANDLAB DOES NOT WARRANT THE OPERATION OF THE PRODUCT OR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED IN THE PRODUCT. You, and not BandLab, are responsible for all uses of the Product.

6. WARRANTY DISCLAIMER.

6.1. The Product is made available to you free of charge. You may be entitled to warranties, conditions and terms that may not be excluded or limited by BandLab under law. EXCEPT FOR THOSE NON-EXCLUDABLE WARRANTIES, CONDITIONS AND TERMS, THE PRODUCT IS MADE AVAILABLE “AS IS”. EXCEPT FOR THOSE NON-EXCLUDABLE WARRANTIES, CONDITIONS AND TERMS, BANDLAB MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING PERFORMANCE RESULTS, SECURITY, NON-INFRINGEMENT, MERCHANTABILITY, INTEGRATION, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME TERRITORIES. YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. BANDLAB DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW.

6.2. These exclusions and limitations will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. BandLab provides no support services for the Product.

6.3. YOU ACKNOWLEDGE AND AGREE THAT BANDLAB HAS NO EXPRESS OR IMPLIED OBLIGATION TO CONTINUE TO MAKE THE PRODUCT OR ANY FEATURE THEREOF AVAILABLE NOR INTRODUCE ANY FEATURES OR SERVICES COMPATIBLE WITH THE PRODUCT.

7. LIMITATION OF LIABILITY.

7.1. EXCEPT FOR ANY REMEDIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW, BANDLAB AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS, INCLUDING ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA OR BUSINESS INTERRUPTION, ANY LOSS OF PROFITS, LOSS OF SAVINGS OR LOSS OF BUSINESS, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF BANDLAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS. IN ANY EVENT, BANDLAB’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND LICENSORS IN CONNECTION WITH THIS LICENSE AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCT, IF ANY. Nothing contained in this License Agreement limits BandLab’s liability to you in the event of death or personal injury resulting from BandLab’s negligence or for fraud.

7.2. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME TERRITORIES. YOU MAY HAVE RIGHTS THAT CANNOT BE WAIVED UNDER CONSUMER PROTECTION AND OTHER LAWS. BANDLAB DOES NOT SEEK TO LIMIT YOUR REMEDIES TO ANY EXTENT NOT PERMITTED BY LAW.

8. TERMINATION. This License Agreement will terminate immediately if you breach any of its terms. Upon termination, you will be required promptly to return to BandLab or to destroy all copies of the Product covered by this License Agreement.

9. ANALYTICS.

9.1. BandLab may collect information about the use of the Product via Analytics (“Analytics”), and use this data internally to improve the product. Analytics is anonymous OR can be connected to your BandLab account. You may specify whether or not to participate in Analytics at any time, by selecting the appropriate option in the Product preferences at any time.

9.2. Further information about Analytics can be found at <<http://bnd.la/cakewalk-analytics>>.

10. MISCELLANEOUS.

10.1. Governing Law. The terms of this License shall be construed in accordance with the substantive laws of Singapore.

10.2. No Waiver. The failure of either party to enforce any rights granted hereunder or to take any action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

10.3. Litigation Expenses. If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorneys' fees and litigation expenses.

10.4. Unenforceable Terms. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE LICENSE AGREEMENT BETWEEN YOU AND BANDLAB WHICH SUPERSEDES ANY PROPOSALS, OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND BANDLAB RELATING TO THE SUBJECT MATTER OF THIS LICENSE AGREEMENT.

 

 

[Starship Krupa]

It looks like they both apply:

Quote

These Terms of Use, together with our Policies, constitute a binding agreement (the “Agreement”) between BandLab (“BandLab”, “we”, “us”), and all parties (“Users”, “you”) who use or access the BandLab website, any BandLab mobile and desktop app, and any related players, widgets, tools, applications, data, software, APIs and platforms (collectively, the “Services”), regardless of whether you have registered a BandLab account (“Account”).

From a scanning of the Terms of Use, the only concern a Cakewalk user might have would be that BandLab does reserve the right to deactivate accounts in the event the user violates the Terms of Use. Since continued Cakewalk function depends on having an active BandLab account, this would mean that in order to keep using Cakewalk, the user would need to create a new BandLab account.

All of the stuff regarding content seems to only apply to content submitted to BandLab's Albums service, not all content created with any of the apps.

[msmcleod]

13 minutes ago, Starship Krupa said:

.... All of the stuff regarding content seems to only apply to content submitted to BandLab's Albums service, not all content created with any of the apps.

This is the key statement. 

Anything your create yourself using Cakewalk by BandLab is yours.

[azslow3]

7 hours ago, msmcleod said:

This is the key statement. 

Anything your create yourself using Cakewalk by BandLab is yours.

Strictly speaking not everything. 

Audio and MIDI output created by using Cakewalk is yours, as long as used audio and MIDI material allows that (f.e. mentioned in the license terms to use provided by BandLab content). With that output types user is free to do anything he/she wants.

Which rights user has for other "outputs" is unclear. At the end of Sonar I have opened a question about user rights over Sonar Projects. User is allowed to use these projects with Sonar (and now Cakewalk, since BandLab has bought rights for Sonar). And user has all rights for the "output" of own projects (mentioned audio and MIDI). What else is allowed to do with these files is not well defined. For myself I came to the conclusion I can use all the information I put into project myself the way I want (f.e. automations, tracks layout, tempo map, etc.). Legal background and related precedents exist in EU. But that is probably not the case f.e. in US.
Here the evil is in formats: common audio and MIDI formats are open, plug-ins presets standard file formats are property of plug-in format creator (so not particular DAW), text based project formats are also open in general (at least the text related to the user activity can be legally extracted). Cakewalk projects have binary proprietary format (fortunately not encrypted, breaking any encryption is prohibited even in EU).