Synthesizer V SOLARIA License Agreement

Summary

The voice generated by the Synthesizer V SOLARIA product may be used commercially without limit by individual persons in creative works such as music, podcasts, video games, et cetera without securing an additional license from Eclipsed Sounds. The user must either attribute synthesized vocals to "SOLARIA" or "Synthesizer V SOLARIA", and otherwise must leave vocals unattributed. Under no circumstances may the user attribute vocals to any other entity.

If the user of Synthesizer V SOLARIA is a legal entity like a corporation or business who wishes to use Synthesizer V SOLARIA in public works of any kind, an additional license must be secured from Eclipsed Sounds, with restrictions based on the type of usage. This is particularly for any usage in corporate advertisement or advertising materials.

For commercial works using the Synthesizer V SOLARIA character mascot and not the synthesized voice, derivative products may be sold without permission up to a profit threshold of USD 1,000, after which express written permission from Eclipsed Sounds must be sought and gained to continue production and sales.

【End-User License Agreement】

The version on this page is always kept current.

Please be sure to read this license agreement (hereinafter referred to as "this document") before using the product.

The End User License Agreement (hereinafter referred to as this agreement) means the agreement signed between the end users (hereinafter referred to as the users) of this product (as defined in Article 1) and Eclipsed Sounds, LLC (hereinafter referred to as Eclipsed Sounds), and Eclipsed Sounds signs this agreement. All users of this product shall be deemed to unconditionally agree and abide by all terms of this agreement after using this product, and meanwhile they are restricted by law.

Article 1: Definition
1. Eclipsed Sounds: Its full name is Eclipsed Sounds, LLC; the location is Purcellville, VA, ZIP Code 20132; the e-mail address is contact@eclipsedsounds.com
2. User: Any natural person, organization or legal person acquiring this product and its use right legally according to this agreement.
3. This product: It refers to all component parts of SOLARIA voice database, including but not limited to all voice database contents, role copyright image, text and graphic logos, etc.
4. This voice database: It refers to SOLARIA Voice Database (including all related updates and upgrades) in this product whose usage relies on Synthesizer V Studio.
5. Synthesizer V Studio: a singing synthesis software developed by Dreamtonics Co., Ltd., and for which Dreamtonics Co., Ltd. owns the copyright.
6. Dreamtonics, Co., Ltd. (hereinafter referred to as Dreamtonics): Business related company cooperating with Eclipsed Sounds in Tokyo of Japan.
7. Eclipsed Sounds: It refers to Eclipsed Sounds, a company in the U.S.A., and its full name is Eclipsed Sounds, LLC
8. Editor: It refers to the relevant part of Synthesizer V Studio (including all related updates and upgrades) providing a graphical user interface for user interactions related to singing synthesis.
9. Synthesized voice: It refers to all audio signals and audio files generated by this voice database and editor.
10. Role copyright image: It is established and applied on the product package and copyright works of graphic art drawn in the editor; it is an abstract concept with features like graphical appearance, and its public official name is SOLARIA.
11. Use of this product: It means that all parts or some parts of this voice database are temporarily recorded or permanently recorded by the user’s computer device or storage facilities, and that the procedure is installed and executed.

Article 2: User license
1. When the user uses this product, Eclipsed Sounds endows the user with nonexclusive rights which cannot be transferred or sub-licensed.
2. Natural person users can use the synthesized voice generated by or role copyright image included in this product under non-commercial or commercial situations for activities, creation, work spreading, publication, etc.
3. If the user is Corporation or legal entity wishing to use the product in a public capacity, the obligation to notify Eclipsed Sounds will occur. Eclipsed Sounds will sign additional User License Agreement with such users according to the users’ use purpose (licensing fees might be produced according to the agreement situations).
4. Legal person users have the rights to the following:
A. Use in commercial multimedia video works, including but not limited to advertising image, network video, animation, film, TV series, television program, and game, as well as all of the above situations can be deemed to use the synthesized voice generated by or role copyright image included in this product during expression and communication behaviors.
B. Use in commercial music products sold by the legal person, including but not limited to CD, DVD, disc, audio tape, MD, hard disk, flash memory, IC memory card, and other recording contents (hereinafter referred to as commercial music products) produced by the legal person or third party under its entrustment; all of the above situations can be deemed to download and use the contents published or provided after using the synthesized voice of this product.
C. Use in commercial advertisement, including but not limited to character’s name, brand name, package, publicity material, credits titles of video works, and sound source implanted in any machine of the legal person’s product; the products and functions expressed under this agreement are recorded in the tag type or advertisement behaviors which can be recognized by consumers.
D. Commercial derivative products, including but not limited to the use of the synthesized voice generated by or role copyright image included in this product on the package of related products including surrounding life, clothing decoration, cosmetics and skin care products, stationery, toy articles, food, 3C electronic products and publications.
E. When using behaviors beyond the scope listed under this agreement appear, application should be submitted to Eclipsed Sounds for use license.
F. When submitting the application for use license, please inquire through the contact information recorded in various official channels.
G. When commercial usage concerns the mascot character of the product rather than the synthesized voice generated by this product, derivative products may be sold without permission up to a profit threshold of USD 1,000, after which express written permission from Eclipsed Sounds must be sought and gained to continue production.
4. When the legal person and organizational users use the synthesized voice generated by or role copyright image included in this product, they are obliged to inform Eclipsed Sounds.
5. When the users provide the third party with the authorization for synthesized voice or role copyright image generated by this product based on the purpose or shapes in various terms, they should inform the third party of consulting Eclipsed Sounds.

Article 3: Prohibited matters
When this product and synthesized voice are used, the following behaviors are prohibited:
1. Users may not publish or download any synthesized voice and works of any form violating the law, public interests, public order, morality and customs or damaging any third party’s reputation and other rights.
2. Users shall not conduct reverse engineering, copying or disassembling (hereinafter referred to as “de-compilation”, i.e. recompilation to source code), to acquire the interoperability with other computer programs.
3. Produce and issue all of the user’s or third party’s software including this product.
4. Users shall not copy (transform the form included in any storage into the form used in other products and resold products, sound mixing, picture recording and signal synthesis form, and any other possible forms which can be acquired by the third party), publicly spread (open forum, FTP space, WEB website, cloud storage, P2P network, transmissible states including social networking tools, transmission or downloading of electronic documents to the third party on the network, and storage on the internet, computer and sampling network which most users can log in, or other public transmission mode), transfer, lend, issue, modify or adapt all or some parts of this product.
5. Users shall not arbitrarily change any copyright notice or copyright statement in this product or role copyright image.
6. Users shall not use this product as the link of commercial service, use it in front of customers, or provide it to customers for use, or lend it to any third party.
7. Users shall not attribute audio generated from or distributed with this product to "Emma Rowley" under any circumstance, and may only attribute audio generated or distributed with this product to "SOLARIA," or leave audio generated from or distributed with this product unattributed in derivative works.
8. Users have other behaviors violating the terms of this agreement.

Article 4: Copyright statement and transfer prohibition
Eclipsed Sounds owns the complete copyright and other related intellectual property for this product, and all or some of the ownership will not be transferred to the users. Besides, the use right of this agreement will be given to the user of new product only. The User shall not transfer rights to any third party beyond this agreement, and users accepting the second-hand product also have no right of inheritance.

Article 5: Disclaimer
1. Eclipsed Sounds will not make any commitment on the use or operation of this product, and users shall bear all risks triggered in the using process of this product. Eclipsed Sounds will not and cannot make any promise on the operating results which can be acquired by this product and related functions, and Eclipsed Sounds will not give express or implied warranties that this product does not violate the third party’s rights or that this product is salable or applicable to any specific purpose. Under any situation, Eclipsed Sounds has no obligation for the users due to any consequence, event or special damages, including the loss of any profit or existing interests. Even if Eclipsed Sounds has been informed of the possibility of such damage, Eclipsed Sounds will not bear any obligation for any claim from the third party.
2. Eclipsed Sounds can directly change the agreement contents without informing the users, and it will issue the specific change contents on the official website of this product. If the users agree to use this product continuously, then this agreement remains effective. 

Article 6: Termination Agreement
This agreement between us and you shall be terminated if any of the following items apply.
    1. When a breach of contract is applied.
(It does not affect Eclipsed Sounds's compensation request and the implementation of legal measures.)
    2. If Eclipsed Sounds give notice of the termination of this Agreement.
    3. When user removes, erases, and uninstalls the products and all copies.
    4. When you purchase a new major version of the product and a new contract is signed.
Upon termination of this Agreement, you must destroy the products and all copies in your possession. 3, 4, 5 and 7 in this Agreement shall remain in effect even if this Agreement is terminated.

Article 7: Applicable law and jurisdiction for court action
This Agreement shall be deemed to have been entered into in the United States, and any dispute arising under this Agreement shall be resolved in accordance with the laws of the United States. The user agrees that claims asserted in legal proceedings by either party against the other party shall be commenced and continued in the Virginia District Court in Virginia, U.S.A.. If any provision of this Agreement is found unenforceable by a court or other adjudicatory body in any jurisdiction, such provision shall be enforced to the maximum extent permitted and the remainder of this Agreement shall remain in full force and effect.

Copyright(C) 2021 Eclipsed Sounds, LLC