END-USER LICENSE AGREEMENT (EULA) 

PLEASE READ THIS END-USER LICENSE AGREEMENT ("AGREEMENT" OR "EULA") CAREFULLY BEFORE INSTALLING, DOWNLOADING, ACCESSING, OR USING ANY PRODUCT OR SERVICE PROVIDED BY KAGEPRODUCTION. BY INSTALLING, DOWNLOADING, ACCESSING, OR USING A PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT INSTALL, DOWNLOAD, ACCESS, OR USE THE PRODUCT AND, WHERE APPLICABLE, PROMPTLY RETURN OR DELETE IT.

1. PARTIES AND SCOPE

This Agreement is a legally binding contract between you ("End-User," "You," or "Your") and KageProduction ("KageProduction," "We," "Us," or "Our"), the developer and publisher of all Products described herein. This Agreement governs Your access to and use of the following categories of Products offered by KageProduction, whether distributed commercially, as freeware, as a subscription service, or as a free download:

• Engine Software – proprietary audio rendering engines, processing cores, and runtime environments
• Virtual Instruments (VI) – software-based instruments including synthesizers, samplers, drum machines, and orchestral emulators
• Audio Plug-ins – VST, VST3, AU, AAX, CLAP, and other format plug-in modules
• Audio Tools – standalone utilities, analyzers, editors, converters, and processing tools
• Web Applications – browser-based interactive audio and creative tools hosted on KageProduction servers
• Desktop / Mobile Software – standalone applications for Windows, macOS, iOS, Android, or other platforms
• Sample Libraries – collections of multi-sampled instruments, loops, one-shots, and multisamples
• Sound Effects (SFX) – recorded or synthesized sound effect files and libraries
• Documentation, Presets, and Supplemental Content – manuals, factory presets, patch libraries, impulse responses, and associated media.

Each Product may also be accompanied by a separate Product-Specific Addendum that supplements but does not supersede the terms of this Agreement unless explicitly stated otherwise.

2. DEFINITIONS

As used in this Agreement, the following capitalized terms have the meanings set forth below:

• "Activation" means the process of verifying and authorizing use of a Product through a serial number, license key, online account, or other copy-protection mechanism.
• "Audio Content" means all sample recordings, loops, sound effects, impulse responses, MIDI files, and other audio material included in or distributed as part of a Product.
• "Commercial Work" means any project - including music recordings, films, games, advertising, broadcasts, or other media - from which You or a third party derives financial gain, either directly or indirectly.
• "Derivative Work" means any creative work in which Audio Content or other Product assets have been incorporated, modified, processed, or otherwise used as a component.
• "Engine" means the proprietary playback, rendering, or processing runtime developed by KageProduction that may be required to operate certain Virtual Instruments or Plug-ins.
• "Installation" means the act of copying, decompressing, or otherwise placing Product files onto a device for use.
• "License" means the limited, non-exclusive rights granted to You under Section 3 of this Agreement.
• "Product" means any software, audio content, documentation, or service distributed by KageProduction and covered by this Agreement.
• "Registered User" means an End-User who has created a KageProduction account and registered a valid license for a Product.
• "Subscription" means a time-limited license to access Products or services for a recurring fee as specified at the time of purchase.
• "Update" means a maintenance release, bug fix, or minor version increment of a Product.
• "Upgrade" means a new major version of a Product released under a separate SKU or at additional cost.

3. LICENSE GRANT

3.1 General License

Subject to the terms and conditions of this Agreement and upon payment of all applicable fees (where required), KageProduction grants You a personal, non-exclusive, non-transferable, non-sublicensable, limited license to install and use the Product on a reasonable number of devices owned or controlled by You, solely for Your personal or internal business purposes.

3.2 Device and Seat Limitations

Unless a Product-Specific Addendum states otherwise, a single license permits Installation on up to three (3) devices owned and operated exclusively by You. You may not share a single license among multiple users or across an organization without purchasing the appropriate number of licenses or a Site/Enterprise License from KageProduction.

3.3 Audio Content License

Subject to the restrictions in Section 5, KageProduction grants You a royalty-free, perpetual license to use Audio Content included in a purchased Product in Your own Derivative Works, including Commercial Works, provided that:

• The Audio Content is incorporated into a Derivative Work and is not distributed as standalone audio files, sample packs, or replacements for the original Product;
• The Derivative Work is not a product whose primary purpose is to provide the same or substantially similar functionality as the original Product;
• You do not represent or imply that the Audio Content was created by You or by any party other than KageProduction.

3.4 Subscription License

If You access a Product through a Subscription, the License is valid only during the active Subscription period. Upon expiration or cancellation, access to Product features tied to the Subscription will cease. Content created during an active Subscription period may be retained subject to the terms of Section 3.3.

3.5 Free and Freeware Products

Products distributed at no charge are subject to all terms of this Agreement unless their accompanying documentation explicitly states otherwise. The absence of a purchase price does not imply unlimited rights, ownership, or resale permission.

3.6 Beta, Preview, and Early-Access Products

Products released as beta, preview, or early-access versions are provided for evaluation purposes only. Such versions may be unstable, incomplete, and are not suitable for production use. KageProduction does not guarantee continued development, public release, or backward compatibility for beta Products.

4. INSTALLATION AND ACTIVATION

4.1 Account Requirements

Certain Products require creation of a KageProduction account for Activation and download. You agree to provide accurate, current, and complete registration information and to maintain the security of Your account credentials. You are responsible for all activities that occur under Your account.

4.2 Copy Protection and Online Verification

Some Products employ online Activation, challenge-response, dongle, or other copy-protection mechanisms. You agree to comply with such mechanisms and not to circumvent, disable, or interfere with them. KageProduction may require periodic online re-authorization to verify continued compliance with this Agreement.

4.3 Offline Activation

Where available, offline Activation options will be documented in the Product's accompanying materials. KageProduction does not guarantee perpetual availability of offline Activation for all Products.

4.4 License Transfer

License transfers between End-Users are not permitted unless KageProduction provides an explicit license transfer mechanism through its official website. Any unauthorized transfer renders the License void.

5. RESTRICTIONS

Except as expressly permitted by this Agreement or applicable law, You shall not, and shall not permit any third party to:

• Copy or Reproduce - Copy, reproduce, or duplicate the Product except for reasonable backup purposes or as expressly authorized herein
• Redistribute - Sell, rent, lease, lend, sublicense, publicly display, or otherwise distribute the Product or any part thereof to any third party without prior written consent from KageProduction
• Reverse Engineer - Reverse engineer, disassemble, decompile, decode, adapt, translate, or attempt to derive the source code, underlying algorithms, or trade secrets of the Product, except to the extent such restriction is prohibited by applicable law
• Modify the Software - Modify, create derivative works of, or alter the software component of the Product (excluding permitted use of Audio Content as described in Section 3.3)
• Remove Notices - Remove, alter, or obscure any copyright notice, trademark, watermark, or other proprietary notice from the Product or its documentation
• Circumvent Protection - Circumvent, disable, or defeat any digital rights management, copy-protection, license verification, or security feature
• Share Credentials - Share, sell, or transfer Your account credentials or license keys to any other individual or entity
• Use for Harmful Purposes - Use the Product to create content that is unlawful, defamatory, obscene, harassing, threatening, or otherwise objectionable under applicable law
• Distribute Standalone Audio - Distribute, upload, or sell Audio Content included in the Product as standalone files, sample libraries, sample packs, or in any format that allows direct extraction and reuse of the raw audio data
• Competitive Analysis - Use the Product for competitive benchmarking or product development intended to create a competitive substitute, without the prior written consent of KageProduction
• Automated Access - Use automated scripts, bots, or web-scraping tools to access, harvest, or otherwise interact with Web Applications or KageProduction servers beyond normal, intended use.
• AI and Machine Learning Restrictions - Use the Audio Content, Product assets, metadata, presets, or any portion of the Product to train, fine-tune, validate, test, develop, or improve any machine learning model, neural network, generative artificial intelligence system, dataset, or similar technology.

6. PRODUCT-SPECIFIC TERMS

6.1 Engine Software

Engines are proprietary runtimes required for the operation of certain Virtual Instruments and Plug-ins. The Engine software may not be extracted, redistributed, or used independently of the Products for which it was licensed. Third-party developers wishing to build products on top of a KageProduction Engine must enter into a separate Engine Licensing Agreement.

6.2 Virtual Instruments

Virtual Instruments are licensed for use within compatible Digital Audio Workstations (DAWs) or as standalone applications. You may use Virtual Instruments to create, record, and distribute music and audio productions, including Commercial Works, subject to the Audio Content restrictions in Sections 3.3 and 5. You may not export or otherwise extract the underlying sample data from the instrument for redistribution as a sample library.

6.3 Audio Plug-ins

Plug-ins are provided in formats including but not limited to VST2, VST3, AU (Audio Units), AAX, and CLAP. Compatibility with specific DAWs or host environments is documented on the Product page and is subject to change. KageProduction makes no warranty that a Plug-in will remain compatible with future versions of third-party host software.

6.4 Audio Tools (Standalone Utilities)

Standalone audio tools may be used to process, analyze, convert, or manipulate audio files. Output files generated by such tools are Your property and may be used for any lawful purpose, subject to restrictions on any Audio Content embedded in the output that originates from KageProduction-licensed materials.

6.5 Web Applications

Web Applications are hosted services accessible through a web browser. Your access to Web Applications is conditioned on the continued operation of KageProduction's servers. KageProduction reserves the right to modify, suspend, or discontinue Web Applications at any time with reasonable notice where practicable. You are responsible for maintaining adequate internet connectivity. Data You upload to Web Applications is subject to KageProduction's Privacy Policy.

6.6 Desktop and Mobile Software

Desktop and mobile applications are licensed for use on supported operating systems as specified in the Product documentation. You agree to obtain the Software only through official KageProduction channels or authorized resellers. Installation outside of authorized channels voids the License and may expose Your device to security risks.

6.7 Sample Libraries

Sample Libraries consist of recorded multi-samples, loops, one-shots, and related audio files. The following usage rules apply:

6.8 Sound Effects (SFX)

Sound Effects may be used in productions, films, games, broadcasts, podcasts, YouTube videos, and other media, including Commercial Works, provided they are integrated into a larger work and not distributed as standalone SFX files. You may not upload, sell, or distribute individual SFX files to stock audio websites, sound libraries, or similar platforms without prior written authorization from KageProduction.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Ownership

All Products, including their software code, audio content, artwork, documentation, trade dress, and all other components, are and shall remain the sole and exclusive intellectual property of KageProduction or its licensors. This Agreement does not convey any ownership interest in any Product to You. The License granted herein is a limited right of use only.

7.2 Trademarks

KageProduction, and all associated logos, product names, and branding are trademarks or registered trademarks of KageProduction. Nothing in this Agreement grants You any right to use KageProduction's trademarks in connection with any product, service, or promotional material without prior written consent.

7.3 Feedback

If You provide suggestions, ideas, feedback, or recommendations regarding the Products ("Feedback"), You hereby grant KageProduction a worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, modify, distribute, and incorporate such Feedback into its products and services without any obligation to You.

7.4 Third-Party Components

Some Products may incorporate third-party open-source or proprietary components. Such components are subject to their respective license terms, which are documented in the Product's accompanying credits or "Acknowledgments" file. KageProduction's inclusion of third-party components does not expand Your rights under this Agreement beyond what is explicitly stated herein.

8. UPDATES, MAINTENANCE, AND SUPPORT

8.1 Updates

KageProduction may, at its sole discretion, provide Updates for Products. Updates are subject to this Agreement unless accompanied by a new or amended EULA, in which case the new terms will apply. KageProduction has no obligation to provide Updates for any Product.

8.2 Upgrades

Major version Upgrades may be offered to existing licensees at a discounted price but are not guaranteed to be provided free of charge. Continued use of an older version remains subject to the terms applicable at the time of original purchase.

8.3 Discontinuation

KageProduction reserves the right to discontinue any Product, service, or feature at any time. Where a Product is discontinued, KageProduction will make reasonable efforts to notify Registered Users in advance. Perpetual licenses to discontinued Products remain valid for the version in which they were licensed but are not entitled to further Updates.

8.4 Technical Support

Technical support is provided in accordance with the support tier associated with Your license. Support availability, response times, and scope are described on the KageProduction website. KageProduction does not guarantee resolution of all reported issues.

9. PAYMENT, REFUNDS, AND PRICING

9.1 Pricing

Product pricing is displayed at the point of sale on the KageProduction website or authorized reseller platforms. All prices are exclusive of taxes, duties, and import fees unless otherwise stated. KageProduction reserves the right to change prices at any time, but changes will not affect purchases already completed.

9.2 Subscriptions - Billing and Cancellation

Subscription fees are billed on the schedule indicated at purchase (monthly, annually, or otherwise). Subscriptions automatically renew unless cancelled at least twenty-four (24) hours before the renewal date. You may cancel a Subscription at any time through Your account settings. Cancellation takes effect at the end of the current billing period, and no partial-period refunds are issued unless required by applicable law.

9.3 Refund Policy

Due to the digital nature of the Products, all sales are generally final once a Product has been downloaded, activated, or accessed. KageProduction may, at its sole discretion, offer refunds within fourteen (14) days of purchase for Products that have not been activated or downloaded, or in cases of confirmed technical defects that cannot be resolved. Refund requests must be submitted through KageProduction's official support channel with proof of purchase. 

10. PRIVACY AND DATA COLLECTION

Your use of Products that connect to KageProduction servers (including Web Applications, cloud-enabled software, and Activation systems) is subject to KageProduction's Privacy Policy, which is incorporated herein by reference and available on the KageProduction website. By using such Products, You consent to the collection and use of data as described in the Privacy Policy.

KageProduction may collect non-personally identifiable usage telemetry from Products for the purpose of improving performance and user experience. Where applicable, You may opt out of telemetry collection through the Product's settings. KageProduction does not sell personally identifiable information to third parties.

11. DISCLAIMER OF WARRANTIES

THE PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KAGEPRODUCTION EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.

KAGEPRODUCTION DOES NOT WARRANT THAT:

• THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
• THE PRODUCTS WILL OPERATE UNINTERRUPTED, ERROR-FREE, OR WITHOUT DATA LOSS
• ANY ERRORS OR DEFECTS WILL BE CORRECTED
• THE PRODUCTS WILL BE COMPATIBLE WITH ANY PARTICULAR HARDWARE, SOFTWARE, OPERATING SYSTEM, DAW, OR THIRD-PARTY APPLICATION
• ANY AUDIO CONTENT INCLUDED IN THE PRODUCTS WILL BE FREE FROM UNINTENTIONAL ARTIFACTS, NOISE, OR OTHER IMPERFECTIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT SUCH EXCLUSIONS ARE NOT PERMITTED, THE APPLICABLE WARRANTY SHALL BE LIMITED TO THE MINIMUM PERMITTED BY APPLICABLE LAW.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KAGEPRODUCTION, ITS AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL
• DAMAGE TO EQUIPMENT, SYSTEMS, OR THIRD-PARTY SOFTWARE
• COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES

ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PRODUCTS, EVEN IF KAGEPRODUCTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, KAGEPRODUCTION'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED US DOLLARS (USD $100.00).

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY. WHERE SUCH LIMITATIONS ARE PROHIBITED, KAGEPRODUCTION'S LIABILITY WILL BE LIMITED TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW.

13. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless KageProduction and its affiliates, licensors, officers, employees, agents, and successors from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of any Product in violation of this Agreement
• Your Derivative Works or content created using the Products
• Your violation of any applicable law or regulation
• Your infringement of any third-party intellectual property rights
• Any misrepresentation made by You in connection with Your use of the Products.

14. TERM AND TERMINATION

14.1 Term

This Agreement commences on the date You first install, access, or use a Product and, unless earlier terminated, continues for the duration of the License (perpetual or subscription-based, as specified for each Product).

14.2 Termination by KageProduction

KageProduction may terminate this Agreement and the License immediately and without prior notice if You breach any term of this Agreement. KageProduction may also terminate this Agreement for any reason upon thirty (30) days' written notice.

14.3 Termination by You

You may terminate this Agreement at any time by ceasing all use of the Product, deleting all installed copies, and destroying all physical copies (where applicable). If You are on a Subscription, termination takes effect at the end of the current billing period as described in Section 9.2.

14.4 Effect of Termination

Upon termination for any reason, the License granted herein shall immediately cease, and You must uninstall and destroy all copies of the Product in Your possession or control. Sections 7, 11, 12, 13, 14.4, 15, 16, and 17 shall survive any termination of this Agreement.

15. GOVERNING LAW AND DISPUTE RESOLUTION

15.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Korea, without regard to its conflict-of-law principles. For End-Users located in other jurisdictions, mandatory consumer protection laws of Your jurisdiction of residence may also apply.

15.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or in connection with this Agreement, or the breach, termination, or invalidity thereof, shall first be submitted to good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within sixty (60) days, it shall be finally resolved by the courts having jurisdiction in the Republic of Korea, and each party irrevocably submits to the exclusive jurisdiction of such courts.

15.3 Class Action Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST KAGEPRODUCTION. ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY.

16. EXPORT COMPLIANCE

You agree to comply with all applicable export control and sanctions laws and regulations, including those of the Republic of Korea, the United States, the European Union, and any other jurisdiction whose laws may apply to the Products. You represent and warrant that You are not located in, or acting on behalf of a person or entity in, any country subject to applicable trade sanctions, and that You are not on any governmental restricted-party list.

17. GENERAL PROVISIONS

17.1 Entire Agreement

This Agreement, together with any Product-Specific Addenda, the Privacy Policy, and any other documents incorporated herein by reference, constitutes the entire agreement between You and KageProduction with respect to the Products and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral.

17.2 Amendment

KageProduction reserves the right to modify this Agreement at any time. Material changes will be communicated via the KageProduction website, account email notification, or an in-Product notice. Your continued use of any Product after the effective date of a revised Agreement constitutes Your acceptance of the changes. If You do not agree to the revised terms, You must discontinue use of the affected Products.

17.3 Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it will be severed from this Agreement, and the remaining provisions will continue in full force and effect.

17.4 Waiver

KageProduction's failure to enforce any provision of this Agreement shall not constitute a waiver of its right to enforce that provision in the future. Any waiver must be in writing and signed by an authorized representative of KageProduction.

17.5 Assignment

You may not assign, delegate, or otherwise transfer this Agreement or any of Your rights or obligations hereunder without prior written consent from KageProduction. KageProduction may assign this Agreement, in whole or in part, in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, without Your consent.

17.6 Force Majeure

KageProduction shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, pandemics, cyberattacks, or failure of third-party infrastructure.

17.7 Language

This Agreement is written in English. In the event of any conflict between an English version and a translated version, the English version shall prevail to the extent permitted by applicable law.

17.8 Contact

For questions, notices, or communications regarding this Agreement, please contact:

KageProduction
Legal & Licensing Department
Website: [www.kageproduction.com]
Email: [kageproduction@gmail.com]