Reactional Music – End User Licence Agreement
Welcome to the Reactional Music plugin for Unity (the “Plugin”).
Reactional Music Group AB (“Reactional”) provides the Plugin for making musical content (“Music”) available to video game developers, publishers and distributors to be integrated into and aligned with gameplay actions in some of the world’s most popular video games. In order to use Reactional’s proprietary interactive music formats in video games, the Plugin contains runtime binaries for integration into the Unity game engine to provide an interactive layer that enables an end user to interact with Music within video games (the “Binaries”). Please read these terms and conditions (the “Terms”) carefully. These Terms govern your access to and use of the Plugin including the Binaries that are made available from it.
This is a legal agreement (the “Agreement”) between you and Reactional. By downloading, installing, accessing or using the Plugin, Binaries, you agree to be bound by these Terms.
Issues concerning the collection and use of information by Reactional are described in the Reactional Privacy Policy which is incorporated herein:
https://reactionalmusic.com/privacy-policy/
The Plugin and the Terms may change from time-to-time. Any updated Terms shall take effect once posted, so it is important that you periodically check here for any updates. By accessing the Plugin, you agree to review the Terms to become aware of such revisions.
If you do not agree to any of the Terms stated herein, you should discontinue using the Plugin. Reactional reserves the right, in its sole discretion, to modify, discontinue or terminate the Plugin and/or the availability of any Music or the Binaries at any time without notice.
The Plugin and Binaries
Reactional grants to you a non-exclusive, revocable, non-transferable, non-sublicensable and worldwide evaluation license to use the Plugin and Binaries in accordance with these Terms. A production license can be obtained by upgrading to a paid plan on app.reactionalmusic.com
Reactional is the owner or the licensee of all worldwide intellectual property rights in and to the Plugin and Binaries including, without limitation all trademarks, service marks, and logos contained therein.
You acknowledge that you have no ownership rights in the Plugin, nor Binaries made available through the Plugin. Any use of the Plugin and Binaries other than as expressly permitted hereunder is strictly prohibited. Use and/or access to the Plugin and Binaries is void where prohibited. Ownership of the Plugin and Binaries made available through the Plugin and all intellectual property rights therein shall remain at all times with Reactional or its licensors. All copyright notices must be retained at all times. You may not make any commercial use or any derivative use of the Plugin, Binaries in whole or in part.
Territory
The territory of the evaluation license granted hereunder shall be worldwide.
Term
The term of this Agreement (the “Term”) commences when you enter into this Agreement and shall continue until your usage of the Plugin and Binaries have ended.
Your Covenants, Representations and Warranties.
You represent and warrant that you are duly authorized and have legal capacity to execute and deliver this Agreement.
Indemnification.
You will at all times indemnify and hold harmless Reactional, its officers, directors, employees, affiliates and licensors from and against any and all claims, damages, liabilities, costs and expenses (including, without limitation, outside legal expenses and reasonable counsel fees) arising out of any breach or alleged breach of any representation, warranty, covenant or agreement made by you hereunder.
Governing Law.
This Agreement has been entered into and shall be construed and enforced in accordance with the laws of the State of New York without reference to the choice of law principles thereof. Any actions, proceedings or claims commenced by either party hereto shall be brought in the courts of either the State of New York, sitting in New York County, or the courts of the United States for the Southern District of New York. Service of process in any such action or proceeding brought against a party may be made by registered mail, addressed to such party at the address set forth in your Registration Information.
Miscellaneous Provisions.
All remedies provided for pursuant to this Agreement are cumulative, and no exercise, or failure to exercise, any option by either party will limit such party’s right to recover damages or pursue any other remedies available at law or in equity.
Your use of the Plugin is at your sole discretion and risk. The Plugin are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Reactional. REACTIONAL EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. REACTIONAL DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED THAT THE PLUGIN WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE PLUGIN. Reactional does not warrant that the functions contained in Plugin will meet any requirements or needs you may have or that the Plugin is compatible with any particular Plugin. Reactional is not obligated to provide any updates to the Plugin. Some jurisdictions do not allow the waiver or exclusion of implied warranties. Reactional is not responsible for any incorrect or inaccurate content posted on or in connection with the Plugin. Reactional takes no responsibility for third party advertisements which are posted on or through the Plugin, nor does it take any responsibility for the goods or services provided by its advertisers. No advice or information, whether oral or written, obtained by you from Reactional, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Reactional is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the internet, including any injury or damage to users or to any person’s computer related to or resulting from participation or accessing materials in connection with the Selected Music or the Plugin. Under no circumstances shall Reactional be responsible for any loss or damage resulting from use of the Plugin from any Selected Music available through the Plugin or from the conduct of any End Users or users of the Plugin.
IN NO EVENT SHALL REACTIONAL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE, SPECIAL OR INDIRECT DAMAGES IN CONNECTION WITH THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO LOST BUSINESS PROFITS) EVEN IF REACTIONAL HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME.
All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, or received by mail or courier, with respect to Reactional to:
Reactional Music Group AB
Box 7527
10392 Stockholm Sweden
Attention: Pär Gunnars Risberg
with a copy to:
Liebenson Law
303 Mercer Street, Suite C-102
New York, New York 10003
Attention: Jeffrey M. Liebenson
and with a copy via email with confirmed receipt to: legal@reactionalmusic.com
and with respect to you, to the email address you provided in your Registration Information.
If any provision of the Agreement or the application thereof to any party, Person or circumstance shall be invalid, illegal or unenforceable to any extent, the remainder of this Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law.
This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof and shall supersede all previous negotiations, commitments and writings with respect to such subject matter.
You and Reactional are and intend to remain independent parties. Nothing contained in these Terms shall be deemed or construed to create the relationship of principal and agent or of partnership or joint venture, and except as otherwise specifically agreed upon in writing by the parties, neither party shall hold itself out as an agent, legal representative, partner, subsidiary, joint venture or, servant or employee of the other.
Contact
In the event you have any questions, complaints or claims with respect to the Plugin or Binaries, please contact Reactional at Box 7527, 10392 Stockholm, info@reactionalmusic.com.
Last updated: September 2024