DEC 2023 issue

KROTOS社 ソフトウェア製品
ソフトウェア使用許諾契約書 ページ1/9©クリプトン‧フューチャー‧メディア株式会社

End User License Agreement
This licence agreement (“Licence”) is a legal agreement between you (“Licensee” or “you”) and Krotos Ltd a company
incorporated in Scotland (with company number SC458616) whose registered office is situated at 9 Haymarket Square,
Edinburgh, EH3 8RY. (“Licensor, us” or “we”) for the Concept software (“Software”); and documents relating to the Software(“Documents”). We licence use of the Software and Documents to you on the basis of this Licence. We do not sell theSoftware or Documents to you. We remain the owners of the Software and Documents at all times. Mac Operating System
Requirements: this software requires a Mac Intel computer with a minimum of 2.4 GHz Intel Dual Core Processor, 4 GB of
RAM and the operating system OS X 10.9, or later. Windows Operating System Requirements: this software requires acomputer with a minimum of 2.4 GHz Intel Dual Core Processor, 4 GB of RAM, and the operating system Windows 7 (64-bit)
or above. An internet connection is required at the time of activation.

IMPORTANT NOTICE TO ALL USERS:BY TICKING THE BOX INDICATING THAT YOU ACCEPT THESE TERMS YOU AGREE TO THE TERMS OF THIS LICENCE WHICH
WILL BIND YOU. THE TERMS OF THIS LICENCE INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN CONDITION5 AND
CONDITION 6.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE SOFTWARE AND DOCUMENTS TO YOUAND YOU MUST DISCONTINUE THE ORDERING OR DOWNLOADING PROCESS NOW. IN THIS CASE YOU MAY NOT DOWNLOAD
OR ORDER THE SOFTWARE.

IMPORTANT NOTICE TO CONSUMERS:AS A CONSUMER, YOU HAVE THE RIGHT TO WITHDRAW FROM YOUR TRANSACTION WITHOUT CHARGE AND WITHOUT ANY
REASON BEFORE DOWNLOADING THE SOFTWARE/DOCUMENTS. HOWEVER, YOU WILL LOSE THE RIGHT TO CANCEL THE
TRANSACTION ONCE YOU BEGIN TO DOWNLOAD THE SOFTWARE OR DOCUMENTS. THIS DOES NOT AFFECT YOURCONSUMER RIGHTS FOR DEFECTIVE DOWNLOADED SOFTWARE OR DOCUMENTS.

DEC 2023 issue

KROTOS社 ソフトウェア製品
ソフトウェア使用許諾契約書 ページ2/9©クリプトン‧フューチャー‧メディア株式会社

You should print a copy of this Licence for future reference.
1. Grant and scope of licence
1.1 In consideration of payment by you of the agreed licence fee and you agreeing to abide by the terms of this Licence, we
hereby grant to you a non-exclusive, non-transferable licence to use the Software and the Documents on the terms of thisLicence.
1.2 You may:
1.2.1 download, install and use the Software for your personal purposes (if you are a consumer) or your internal businesspurposes (if you are a business) only:
1.2.1.1 on one CPU if the Licence is a single-user licence or the Software is for single use; or
1.2.1.2 if the Licence is a multi-user or network licence, by the number of concurrent users agreed in writing between you
and us;1.2.2 provided you comply with the provisions in condition 2, make up to two (2) copies of the Software for back-up
purposes only;
1.2.3 receive and use any free supplementary software code or update of the Software incorporating “patches” andcorrections of errors as may be provided by us at our sole discretion from time to time; and1.2.4 use any Documents in support of the use permitted under condition 1.2 and make up to two (2) copies of theDocuments as are reasonably necessary for their lawful use.

2. Restrictions
2.1 Except as expressly set out in this Licence or as permitted by any local law, you undertake:2.1.1 not to copy the Software or Documents except where such copying is incidental to normal use of the Software, orwhere it is necessary for the purpose of back-up or operational security;
2.1.2 not to sell, rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software or Documents or
attempt to do any of the foregoing acts;
2.1.3 not to make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any
part of it to be combined with, or become incorporated in, any other programs;
2.1.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the
Software nor attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs andPatents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving interoperability of the Software with another software program, and provided that the information obtained by you during suchactivities:
2.1.4.1 is used only for the purpose of achieving inter-operability of the Software with another software program; and2.1.4.2 is not unnecessarily disclosed or communicated without our prior written consent to any third party; andDEC 2023 issue

KROTOS社 ソフトウェア製品
ソフトウェア使用許諾契約書 ページ3/9©クリプトン‧フューチャー‧メディア株式会社

2.1.4.3 is not used to create any software which is substantially similar to the Software;
2.1.5 to keep all copies of the Software secure and to maintain accurate and up-to date records of the number and locationsof all copies of the Software;
2.1.6 where you are acting as a business, to supervise and control use of the Software and ensure that the Software is usedby your employees and representatives in accordance with the terms of this Licence;
2.1.7 to include our copyright notice on all entire and partial copies you make of the Software on any medium; and2.1.8 not to provide, distribute or otherwise make available the Software in whole or in part (including but not limited toindividual sound effects or samples, program listings, object and source program listings, object code and source code), in
any form to any person without prior written consent from us; and2.1.9 not to use the Software via any communications network or by means of remote access, save where you are acting as
a business to and providing your employees and representatives with access to the Software, provided always that you
ensure that they comply with the foregoing terms of this condition 2.1.

3. Intellectual property rights
3.1 You acknowledge that all intellectual property rights in the Software and the Documents anywhere in the world areowned by or licensed to us, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to,
the Software or the Documents other than the right to use them in accordance with the terms of this Licence.
3.2 You acknowledge that you have no right to have access to the Software in source code form or in unlocked coding orwith comments.
3.3 The integrity of this Software is protected by technical protection measures (“TPM”) so that the intellectual property
rights, including copyright, in the Software are not misappropriated. You must not attempt in any way to remove or
circumvent any such TPM, nor apply or manufacture for sale or hire, import, distribute, sell or let for hire, offer or expose forsale or hire, advertise for sale or hire or have in your possession for private or commercial purposes any means the soleintended purpose of which is to facilitate the unauthorised removal or circumvention of such TPM.

4. Limited warranty
4.1 We warrant that:
4.1.1 the Software will, when properly used and on an operating system for which it was designed, perform substantially inaccordance with the functions described in the Documents; and4.1.2 that the Documents correctly describe the operation of the Software in all material respects, for a period of 90 days
from the date of installation of the Software (“Warranty Period”).
4.2 If, within the Warranty Period, you notify us in writing of any defect or fault in the Software as a result of which it fails toperform substantially in accordance with the Documents, we will, at our sole option, either repair or replace the Software,
provided that you make available all the information that may be necessary to help us to remedy the defect or fault,
including sufficient information to enable us to recreate the defect or fault.
4.3 The warranties set out in condition 4.1 do not apply:DEC 2023 issue

KROTOS社 ソフトウェア製品
ソフトウェア使用許諾契約書 ページ4/9©クリプトン‧フューチャー‧メディア株式会社

4.3.1 if the defect or fault in the Software results from you having amended the Software; and4.3.2 if the defect or fault in the Software results from you having used the Software in contravention of the terms of thisLicence.
4.4 If you are a consumer, the warranties set out in condition 4.1 are in addition to your legal rights in relation to Softwarethat is faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or
Trading Standards office.

5. Limitation of liability if you are a business user
5.1 You acknowledge that the Software has not been developed to meet your individual requirements, and that it istherefore your responsibility to ensure that the facilities and functions of the Software as described in the Documents meetyour requirements.
5.2 If you are a business customer, we only supply the Software and Documents for internal use by your business, and you
agree not to use the Software or Documents for any resale purposes.
5.3 We shall not under any circumstances whatever be liable to you, whether in contract, delict (including negligence),
breach of statutory duty, or otherwise, arising under or in connection with the Licence for:5.3.1 loss of profits, sales, business, or revenue;
5.3.2 business interruption;
5.3.3 loss of anticipated savings;
5.3.4 loss or corruption of data or information;
5.3.5 loss of business opportunity, goodwill or reputation; or
5.3.6 any indirect or consequential loss or damage.
5.4 Other than the losses set out in condition 5.3 (for which we are not liable), our maximum aggregate liability under or inconnection with this Licence whether in contract, delict (including negligence) or otherwise, shall in all circumstances belimited to a sum equal to one hundred and twenty-five percent (125%) of the licence fee payable by you for the Software.
This maximum cap does not apply to condition 5.5.
5.5 Nothing in this Licence shall limit or exclude our liability for5.5.1 death or personal injury resulting from our negligence;
5.5.2 fraud or fraudulent misrepresentation; or5.5.3 any other liability that cannot be excluded or limited by Scottish law.
5.6 This Licence sets out the full extent of our obligations and liabilities in respect of the supply of the Software andDocuments. Except as expressly stated in this Licence, there are no conditions, warranties, representations or other terms,
express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of
the Software and Documents which might otherwise be implied into, or incorporated in, this Licence whether by statute,common law or otherwise, is excluded to the fullest extent permitted by law.

DEC 2023 issue

KROTOS社 ソフトウェア製品
ソフトウェア使用許諾契約書 ページ5/9©クリプトン‧フューチャー‧メディア株式会社

6. Limitation of liability if you are a consumer user
6.1 You acknowledge that the Software has not been developed to meet your individual requirements, and that it istherefore your responsibility to ensure that the facilities and functions of the Software as described in the Documents meetyour requirements.
6.2 If you are a consumer, we only supply the Software and Documents for domestic and private use. You agree not to use
the Software and Documents for any commercial, business or re-sale purposes, and we have no liability to you for any lossof profit, loss of business, business interruption, or loss of business opportunity.
6.3 Our maximum aggregate liability under or in connection with this Licence whether in contract, delict (including
negligence) or otherwise, shall in all circumstances be limited to a sum equal to one hundred and twenty-five percent(125%) of the licence fee payable by you for the Software. This does not apply to the types of loss set out in condition 6.4.
6.4 Nothing in this Licence shall limit or exclude our liability for:6.4.1 death or personal injury resulting from our negligence;
6.4.2 fraud or fraudulent misrepresentation; or
6.4.3 any other liability that cannot be excluded or limited by Scottish law.

7. Termination
7.1 We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach ofthis Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to doso.
7.2 Upon termination for any reason:
7.2.1 all rights granted to you under this Licence shall cease;
7.2.2 you must immediately cease all activities authorised by this Licence; and7.2.3 you must immediately delete or remove the Software from all computer equipment in your possession, andimmediately destroy or return to us (at our option) all copies of the Software and Documents then in your possession,custody or control and, in the case of destruction, certify to us that you have done so.

8. Communications between us
8.1 If you are a consumer, if you wish to contact us in writing, or if any condition in this Licence requires you to give us
notice in writing, you can send this to us by e-mail to info@krotosaudio.com. We will confirm receipt of this by contacting
you in writing, normally by e-mail.
8.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you
provide to us in your order for the Software.

DEC 2023 issue

KROTOS社 ソフトウェア製品
ソフトウェア使用許諾契約書 ページ6/9©クリプトン‧フューチャー‧メディア株式会社

8.3 If you are a business customer, please note that any notice given by you to us, or by us to you, will be deemed received
and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the dateof posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such
letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent tothe specified e-mail address of the addressee.

9. Events outside our control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under
this Licence that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in condition 9.2.
9.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation
failure of public or private telecommunications networks.
9.3 If an Event Outside Our Control takes place that affects the performance of our obligations under this Licence:
9.3.1 our obligations under this Licence will be suspended and the time for performance of our obligations will be extended
for the duration of the Event Outside Our Control; and9.3.2 we will use our reasonable endeavours to find a solution by which our obligations under this Licence may be
performed despite the Event Outside Our Control.

10. Other important terms
10.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect yourrights or our obligations under this Licence.
10.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing in
advance of any such transfer.
10.3 If you are a business customer, this Licence and any document expressly referred to in it constitutes the entire
agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation
made or given by or on behalf of us which is not set out in this Licence or any document expressly referred to in it.
10.4 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against
you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do
not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will notmean that we will automatically waive any later default by you.
10.5 Each of the conditions of this Licence operates separately. If any court or competent authority decides that any ofthem are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
10.6 If you are a consumer, please note that this Licence, its subject matter and its formation, are governed by Scottish law.
You and we both agree that the courts of Scotland will have non-exclusive jurisdiction. However, if you are a resident ofNorthern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of England, you may also
bring proceedings in England.
10.7 If you are a business customer, this Licence, its subject matter and its formation (and any non-contractual disputes orclaims) are governed by Scottish law. We both agree to the exclusive jurisdiction of the courts of Scotland.

DEC 2023 issue

KROTOS社 ソフトウェア製品
ソフトウェア使用許諾契約書 ページ7/9©クリプトン‧フューチャー‧メディア株式会社

11. OTHER LICENSES
11.1 This product uses the Intel IPP library, under terms of the Intel Simplified Software License
11.1.1 Copyright (c) 2018 Intel Corporation.
11.1.2 Use and Redistribution. You may use and redistribute the software (the “Software”), without modification, provided
the following conditions are met:
11.1.3 * Redistributions must reproduce the above copyright notice and the following terms of use in the Software and in
the documentation and/or other materials provided with the distribution.
11.1.4 * Neither the name of Intel nor the names of its suppliers may be used to endorse or promote products derived fromthis Software without specific prior written permission.
11.1.5 * No reverse engineering, decompilation, or disassembly of this Software is permitted.
11.1.6 Limited patent license. Intel grants you a world-wide, royalty-free, non-exclusive license under patents it now orhereafter owns or controls to make, have made, use, import, offer to sell and sell (“Utilize”) this Software, but solely to theextent that any such patent is necessary to Utilize the Software alone. The patent license shall not apply to any
combinations which include this software. No hardware per se is licensed hereunder.
11.1.7 Third party and other Intel programs. “Third Party Programs” are the files listed in the “third-party-programs.txt” text
file that is included with the Software and may include Intel programs under separate license terms. Third Party Programs,
even if included with the distribution of the Materials, are governed by separate license terms and those license terms
solely govern your use of those programs.
11.1.8 DISCLAIMER. THIS SOFTWARE IS PROVIDED “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT ARE DISCLAIMED. THIS SOFTWARE IS NOT INTENDED FOR USE IN SYSTEMS OR APPLICATIONS WHERE
FAILURE OF THE SOFTWARE MAY CAUSE PERSONAL INJURY OR DEATH AND YOU AGREE THAT YOU ARE FULLY RESPONSIBLE
FOR ANY CLAIMS, COSTS, DAMAGES, EXPENSES, AND ATTORNEYS’ FEES ARISING OUT OF ANY SUCH USE, EVEN IF ANY
CLAIM ALLEGES THAT INTEL WAS NEGLIGENT REGARDING THE DESIGN OR MANUFACTURE OF THE MATERIALS.
LIMITATION OF LIABILITY. IN NO EVENT WILL INTEL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANYWAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE TO
INDEMNIFY AND HOLD INTEL HARMLESS AGAINST ANY CLAIMS AND EXPENSES RESULTING FROM YOUR USE OR
UNAUTHORIZED USE OF THE SOFTWARE.
11.1.9 No support. Intel may make changes to the Software, at any time without notice, and is not obligated to support,
update or provide training for the Software.
11.1.10 Termination. Intel may terminate your right to use the Software in the event of your breach of this Agreement andyou fail to cure the breach within a reasonable period of time.
11.1.11 Feedback. Should you provide Intel with comments, modifications, corrections, enhancements or other input(“Feedback”) related to the Software Intel will be free to use, disclose, reproduce, license or otherwise distribute or exploit
the Feedback in its sole discretion without any obligations or restrictions of any kind, including without limitation,
intellectual property rights or licensing obligations.

DEC 2023 issue

KROTOS社 ソフトウェア製品
ソフトウェア使用許諾契約書 ページ8/9©クリプトン‧フューチャー‧メディア株式会社

11.1.12 Compliance with laws. You agree to comply with all relevant laws and regulations governing your use, transfer,
import or export (or prohibition thereof) of the Software.
11.1.13 Governing law. All disputes will be governed by the laws of the United States of America and the State of Delaware
without reference to conflict of law principles and subject to the exclusive jurisdiction of the state or federal courts sitting in
the State of Delaware, and each party agrees that it submits to the personal jurisdiction and venue of those courts andwaives any objections. The United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically
excluded and will not apply to the Software.
11.2 This product includes the RCH::Oscillators Library, including code written by Rob Clifton-Harvey. This code is written
by Rob Clifton-Harvey under the MIT License (MIT).
11.2.1 Copyright (c) 2019 Rob Clifton-Harvey
11.2.2 Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associateddocumentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights touse, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom
the Software is furnished to do so, subject to the following conditions:11.2.3 The above copyright notice and this permission notice shall be included in all copies or substantial portions of the
Software.
11.2.4 THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN
NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE
SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
11.3 This product includes a Formant Filter from SquinkyLabs. This code is written by SquinkyLabs under the MIT License(MIT).
11.3.1 Copyright (c) 2018 squinkylabs
11.3.2 Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associateddocumentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights touse, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom
the Software is furnished to do so, subject to the following conditions:11.3.3 The above copyright notice and this permission notice shall be included in all copies or substantial portions of the
Software.
11.3.4 THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN
NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE
SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
11.4 This product includes code from ʻWavetable Oscillator’, created by Nigel Redmon, EarLevel Engineering: earlevel.com,
and is distributed with the following notice:
11.4.1 Copyright 2012 Nigel Redmon

DEC 2023 issue

KROTOS社 ソフトウェア製品
ソフトウェア使用許諾契約書 ページ9/9©クリプトン‧フューチャー‧メディア株式会社

11.4.2 This source code is provided as is, without warranty.
11.4.3 You may copy and distribute verbatim copies of this document.
11.4.4 You may modify and use this source code to create binary code for your own purposes, free or commercial.

クリプトン‧フューチャー‧メディア株式会社は、本使用許諾契約書（以下「本契約書」）の完全性を保証するものではありません。本契約書は予告無く変更されることがございます。本契約書に関するご質問は、KROTOS社製品の国内総代理店である株式会社メディア‧インテグレーション社までお問い合わせいただきますようお願い申し上げます。
KROTOS社製品 国内総代理店 株式会社メディア‧インテグレーション：https://www.minet.jp/