Terms & Conditions

TERMS AND CONDITIONS FOR PURCHASE AND USE OF XLN AUDIO SOFTWARE


Summary of XLN Audios general terms and conditions valid for the purchase of goods in the webshop:

  • By creating an account on our Site, thus enabeling you to buy the Software, you accept these Terms and agree to act in accordance with the Terms. We recommend that you read through the whole Terms.
  • When downloading the Software, we grant you licence to use the Software in accordance with what is stated in the Terms.
  • We offer payment by the various payment methods presented on the Site from time to time, currently we provide the following methods (see www.xlnaudio.com/payment_methods).
  • We at XLN Audio accept that you, as a consumer, has a statutory right to cancel an order within 14 days in accordance with Swedish act (2005:59) sv. lag om distansavtal och avtal utanför affärslokalen (sk. ångerrätt). However, since the Software is downloadable via the Site, XLN Audio accept no returns and chargebacks if you have downloaded, or initiated to download, the Software to your computer.
  • You as a consumer always have a statutory right to file a complaint with the purchased Software (sv. reklamationsrätt). Such complaint should be filed via the Site and we will get back to you as soon as we reviewed your complaint.
  • We at XLN Audio handles your personal data in accordance with the Swedish Data Protection Act. We also use cookies. In our privacy policy you can find out more about how we act when handling your personal data.
  • If you are having trouble with the Software or with downloading it and/or installing it you are welcome to contact our support via e-mail through the Site (www.xlnaudio.com/support)

1. Basic understanding

These Terms is a legal agreement between XLN Audio AB ("XLN Audio") and you (an individual or a single entity). These Terms (as defined below) apply to the access to and use of the site, www.xlnaudio.com (the “Site”) and the Software (as defined below) (together defined as the “Services”), and to any correspondence by e-mail between you and XLN Audio. Please read these Terms carefully before using the Services. Using the Services indicates that you accept these Terms.

In these Terms any reference to “Partner” or “you” shall mean you as a customer of XLN Audio including any physical persons whom are employed and/or in any other way working for the Partner and have access to the Software provided by XLN Audio in his or her capacity as a representative of the Partner (the “User”)”. The Partner is responsible for informing and when applicable and necessary, collecting consent from, the Users of these Terms.

XLN Audio and Partner are hereinafter individually referred to as a “Party” and jointly “the Parties”

These provisions (the “Terms”) regulate inter alia the terms and conditions of the purchase and use of the XLN Audio software (including any upgrades, modified versions or updates thereof), any sound data (including but not limited to sound data licensed at a later stage, updated or modified), associated media, online documentation, and any accompanying documentation whether printed or electronic software and services available on the Site and (the “Service” or the “Software”). By using the Service and/or downloading thus purchasing the Software, thus accepting these Terms, you agree to act in accordance with these Terms at all times. If you can´t comply with these Terms, at any time you immediately have to stop using the Software in your possession as well as destroy the same, these Terms can only be amended by written separate agreement between the Partner and XLN Audio.

These Terms shall always prevail any other written or oral pledge or undertaking made by you or XLN Audio.

2. Commencement, term and termination of the relationship between the Parties

These Terms, shall be valid from the day the Partner have accepted these Terms by checking the “Confirmed”-box when making a purchase using the Site.

The Software available on the Site from time to time are presented with information regarding price and brief information regarding the substance. Each purchased Software product you may, at any one time, use on two (2) computers. You may transfer the Software from one computer to another provided that the total number of computer doesn’t exceed two (2).

In the event of termination of these Terms, thus the Partner stop´s using the Software, sections 6,7,8,9 and 18 of these Terms shall continue to be valid in accordance with what is stated therein after the termination of the relationship.

3. The Partner’s right to use the Service, Software and the Site

Provided that you made a purchase and subject to your compliance with these Terms, XLN Audio grants you a limited non-exclusive, non-sub licensable, revocable, non-transferrable licence to use the Software in accordance with what is stated in these Terms (the “Licence”).

Except as expressly permitted by XLN Audio or permitted by applicable law, the Partner may not:

  1. remove any copyright, trademark or other proprietary notices from any portion of the Software;
  2. reproduce, modify, prepare derivative works based upon, distribute, licence, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Software to the public and/or to any third party;
  3. decompile, reverse engineer or disassemble the the Software;
  4. link to, mirror or frame any portion of the Software;
  5. attempt to gain unauthorized access to or impair any aspect of the Services and/or Software or its related systems or networks;
  6. use the Licence and/or the Service and/or the Software in conflict with any applicable law and/or legislation;
  7. reformat, mix, filter or otherwise use or create material from the Software for use on any kind of audio samples, loops (or similar) for resale or any form of distribution (including but not limited to selling, lending, trading, renting, leasing, giving etc); and/or
  8. You may not provide use of this software to third parties in any way including but not limited to any form of multi user configuration (such as a server computer or computer accessible and usable by any other computers).

The Partner’s right to use the Licence, thus the Service and the Software, only permits the Partner to use the Licence for personal use and for purposes that do not conflict with these Terms. If XLN Audio suspects that the Partner is using the Licence in a way that conflicts with these Terms or in a way that XLN Audio considers as a non-normal use of the Licence, XLN Audio can limit the Partners use of the Service and/or the Software by limiting the Licence and/or act in accordance with section 10 below.

After a purchase is made the Software will be delivered by using the online installer available on the Site. Please notice that you yourself is responsible for installing any updates made available by XLN Audio.

Upgrades to the Software might on occasion be released via the Site, however an upgrade is charged separately and will be available for download after a purchase is made in the XLN Audio web shop.

In case of breach of this section 3, the Partner shall be obliged to pay to XLN Audio a compensation for all direct and indirect losses caused by the Partner.

4. Transfers

The rights and obligations of XLN Audio in accordance with these Terms may be freely transferred.

The Partner may not assign or transfer the obligations under these Terms.

5. Privacy Policy

General

Unless defined below capitalized terms used in this Privacy Policy shall have the meanings ascribed to them in the Terms and Conditions.

Thank you for visiting this Website. XLN Audio is committed to protecting the privacy of the visitors to the Website, and maintaining your trust and confidence is one of XLN Audios highest priorities. XLN Audio respects your right to keep your personal information confidential, if you so request. We handle all your Personal Data in accordance with Swedish legislation.

To provide you with the best experience possible while using the Website, XLN Audio uses technology to create personal experiences, as well as maintain and manage customer information. This Privacy Policy explains XLN Audio´s data collection processing practices.

Please read this Privacy Policy before using the Website or submitting any personal information. By using the Website, you agree to be bound by this Privacy Policy, which may be modified by XLN Audio at any time and posted on the Website.

The Website contains links to third party sites, which are not subject to this Privacy Policy. XLN Audio does not endorse and is not responsible for the privacy practices or the content on these third party sites.

1. Types of information XLN AUDIO collect

1.1 XLN Audio collects personally identifiable information (hereinafter “Personal Data”) but only when such Personal Data is provided by you or is obtained by XLN Audio with your authorization. The Personal Data you provide is used in accordance with this Privacy Policy.

1.2 Examples of sources from which XLN Audio collects Personal Data include, but is not limited to:

  1. the use of inquiry and registration forms;
  2. the purchase process when you buy products online through the Website; and
  3. the provision of your details to use online or offline.

1.3 The types of Personal Data that XLN Audio collects may include the following:

  1. name;
  2. home, shipping and billing address, phone and fax number;
  3. mobile phone number;
  4. e-mail address(es);
  5. IP address and browser information;
  6. market research data such as customer usage patterns.

2. Use of personal data and disclosure of personal data

2.1 By providing XLN Audio with Personal Data, you accept that XLN Audio may use your Personal Data for the following purposes:

  1. processing orders, registrations and inquires;
  2. running competitions;
  3. conducting market research;
  4. measuring interest in and improving our website, products and services;
  5. sending you newsletters; and
  6. resolving disputes, collecting fees and troubleshooting problems.

2.2 XLN Audio may also use your Personal Data in aggregate form for building up marketing profiles, to aid strategic development and to audit usage of the Website.

2.3 You have the right to request information about the Personal Data XLN Audio holds on you. If your Personal Data is incorrect, incomplete or irrelevant, you can ask to have such Personal Data information corrected or removed. Annually, you have the right to request written documentation on the Personal Data XLN Audio have about you. To request this document please contact XLN Audio through www.xlnaudio.com/support

2.4 You can withdraw your consent to XLN Audio using the Personal Data for such purposes that needs your consent at any time by contacting XLN Audio through www.xlnaudio.com/support. Furthermore, newsletters from XLN Audio allow you to opt out of further mailings.

2.5 As a general rule, XLN Audio does not disclose Personal Data about you to any third party. By providing XLN Audio with Personal Data, you however accept that XLN Audio may use your Personal Data for the following purposes:

  1. If it is necessary to share your Personal Data with a third party that is acting on XLN Audio´s behalf to provide services and to enhance the experience of the Website and XLN Audio services (i.e. third-party shipping, business analytics and customer support);
  2. To protect perceived rights, safety and property of XLN Audio, our partners, users of the Websites and the public; and
  3. In accordance with legal and regulatory requirements.

2.6 Other than what is set forth above, XLN Audio will notify you when Personal Data about you is shared with third parties and you will have the opportunity to choose not to have XLN Audio share such information.

3. Use of cookies and tracking devices

XLN Audio uses cookies to help personalize your use of the Website. Please read more about XLN Audio cookies policy in the cookie section down below.

4. Security policy

XLN Audio is committed to keeping your Personal Data secure against unauthorized access or use, alteration, unlawful or accidental destruction and accidental loss. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to your Personal Data. However, you should be aware that there is always some risk involved in transmitting information over the internet.

5. Privacy contact information

If you do not understand any of the foregoing terms and conditions or if you have any questions, concerns or comments about XLN Audio Privacy Policy you may contact XLN Audio through www.xlnaudio.com/support

Cookies

General

Unless defined below, capitalized terms used in this text concerning Cookies shall have the meanings ascribed to them in the Terms and Conditions.

1. Cookies

1.1 To make a website work properly many use cookies, which are small information files that are sent to your computer, smartphone or other device when you visit the website and which will recognize your device on future visits. These types of files do a number of different jobs such as remembering your preferences and chosen items, assisting you to improve your site experience as well as trying to ensure that the adverts or offers you see online are more relevant to you.

1.2 This Website in particular may use cookies and tracking technology depending on the features offered. Cookies and tracking technology are useful for gathering information about your use of the Website, information about your device such as IP address and browser type, demographic data, and information such as if you arrived at the Website via a link from a third-party site, in which case the cookie can provide information concerning the URL and information about the linking website.

1.3 Personal information cannot be collected via cookies or other tracking technology. However, if you previously provided personally identifiable information, cookies may be tied to such information. If you are a registered user, this may include your name and e-mail address for verification purposes. Aggregate cookie and tracking information may be shared with third parties.

1.4 You may choose to set your web browser to not accept cookies, see Section 3 below. However, if you do not accept cookies, you will not be able to use all the services provided, sign in on any pages or make purchases, and you do not help us learn how to improve our Website, products, offers and marketing strategy.

1.5 The cookies used on this Website are the following:

  1. Session cookies which are erased when you close the browser;
  2. First-party cookies which are set by the web server of the visited page and share the same domain; and
  3. Third-party cookies stored by a different domain to the visited page’s domain. This can happen when the webpage references a file, such as JavaScript, located outside its domain.

1.6 Session cookies are used to track and store items in the shopping cart to ensure a user is recognized when moving from page to page within the Website and that any information entered is remembered. They are used only for this purpose and only accessible by the Website.

1.7 Third-party cookies and web analytics software uses cookies to tell if a user has visited the Website before and to determine how many unique users the Website have and how often they visit the Website.

1.8 Session cookies, first-party cookies and third-party cookies cannot be used to identify individuals, they are used for aggregated statistics only. This allows us, for example, to tell which areas of the Website are the most popular and better optimise the content for the interests of our users.

2. Site statistics

XLN Audio may disclose aggregate, anonymised statistics about the number of visitors to the Website or number of purchases made. XLN Audio uses an independent measurement and research company to gather data regarding the visitors to the Website on our behalf using cookies and code which is embedded in the Website. Both the cookies and the embedded code provide statistical information about visits to pages on the Website, the duration of individual page views, paths taken by visitors through the Website, data on visitors’ screen settings and other general information. XLN Audio uses and stores this type of information, as with that obtained from other cookies used on the Website, to help improve the services to its users. Further information regarding the way in which this information is obtained and used can be obtained by contacting XLN Audio through www.xlnaudio.com/support

3. How to turn cookies off

It is usually possible to stop your browser from accepting cookies, or to stop it accepting cookies from a particular website. All modern browsers allow you to change your cookie settings. You can usually find these settings in the ‘options’ or ‘preferences’ menu of your browser.

6. Intellectual property rights

No rights to any intellectual property is granted to you in these Terms, unless to the extent otherwise expressly stipulated. All rights are thereby the exclusive property of XLN Audio unless otherwise expressly stipulated.

The Partner undertake not to use, modify, disseminate, sell or save information provided by XLN Audio and not to publish or indirectly cause the publication of the Service and/or the Software, in whole or in parts.

All information as presented by XLN Audio on the Site or included in the Service and/or the Software is XLN Audio’s exclusive property. The Partner, by accepting these Terms obtains a non-exclusive right to use information internally within Partner’s organisation. All other usage shall be according to a separate agreement. In no event shall Partner sell, transfer or market any information, results or findings presented by XLN Audio through the Site to a third party.

7. Access and Disclaimer

XLN Audio strives to ensure that the Services are available approximately 24 hours a day. However, XLN Audio shall not be liable if, for any reason, the Services are unavailable at any time or for any period.

Access to the Site may be suspended temporarily and without notice in the case of a system failure, maintenance or repair or for any reasons beyond XLN Audio’s control.

XLN Audio strives to ensure that all information on the Site and included in the Software is correct and up to date, however, XLN Audio does not warrant the accuracy or completeness of the Software and/or the Service as well as the content on the Site.

THE SERVICE, SOFTWARE AND THE SITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. XLN AUDIO, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. XLN AUDIO MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES.

8. Limitation of liability

  1. THE PARTNER ASSUMES ALL RESPONSIBILITY AND RISK FOR ITS USE OF THE SERVICE, THE SOFTWARE, THE INTERNET GENERALLY, AND THE DOCUMENTS THAT ARE POSTED OR ACCESSED IN OR RELATING TO THE SERVICE AND THE SITE AND FOR THE PARTNER’S CONDUCT ON AND OFF THE SITE.
  2. IN NO EVENT SHALL XLN AUDIO (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY DOCUMENT, PRODUCT OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT XLN AUDIO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  3. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO THE PARTNER. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN XLN AUDIO'S MAXIMUM LIABILITY TO THE PARTNER FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT PAID FROM THE PARTNER TO XLN AUDIO UNDER THESE TERMS, IN THE AGGREGATE.
  4. IN NO EVENT SHALL XLN AUDIO (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF THE AMOUNTS ACTUALLY PAID BY THE PARTNER TO XLN AUDIO UNDER THESE TERMS IF GREATER THAN SEK 2 000.
  5. DUE TO THE NATURE OF THE SERVICE, IN ADDITION TO MONETARY DAMAGES, THE PARTNER AGREES THAT XLN AUDIO WILL BE ENTITLED TO EQUITABLE RELIEF UPON A BREACH OF THE AGREEMENT BY THE PARTNER.

9. Changes and amendments to these Terms

XLN Audio retains the right to change at any time these Terms. Changes to the Terms come into force as soon as the amended Terms have been uploaded to the Site. The Partner is hereby encouraged to check the Site regularly.

No waiver of these Terms shall be deemed a further or continuing waiver of such term or any other term.

If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of these Terms, which shall remain in full force and effect.

10. Breach of the Terms

XLN Audio shall have the right, without repayment of fee´s paid, to give notice of termination or terminate the Partner´s access to the Site, Service and/or Software with immediate effect if the Partner ceases to observe its obligations in accordance with these Terms and there is cause to assume that the Partner will not observe its obligations or if the Partner provides incorrect or misleading information or omits to mention circumstances that are of importance.

11. Prices and payment

The price for each Software product are specified on the Site and may be updated from time to time. We offer payment by the various payment methods presented on the Site from time to time. However, we reserve the right to offer less than our full range of payment options. You can always find updated information regarding the various payment methods on our Site (www.xlnaudio.com/payment_methods) as well as a short description on how it works.

12. Cancellations, right of withdrawal (sv. ångerrätt) and complaints

1. In accordance with Swedish act (2005:59) sv. lag om distansavtal och avtal utanför affärslokalen (sk. ångerrätt), you as a consumer always has a statutory right to cancel an order within 14 days from the confirmation of the order. However, since the Software is downloadable via the Site, XLN Audio accept no returns and chargebacks if you have downloaded, or initiated thus paid, the Software to your computer.

Since the Software is downloadable XLN Audio also accept no cancellations, chargebacks and/or return of orders if you confirmed your purchase via the Site thus no refunds will be granted. However, as a consumer, you always have a statutory right to file a complaint with the purchased Software (sv. reklamationsrätt). Such complaint should be filed via the Site and we will get back to you as soon as we reviewed your complaint.

Please note that the right to withdrawal (sv. ångerrätten) does not apply to companies.

If you are having trouble with the Software or with downloading it and/or installing it you are welcome to contact our support via e-mail through the Site (www.xlnaudio.com/support).

13. Force Majeure

Neither Party shall be liable to the other for any delay in performance or failure to perform its obligations in accordance with these Terms where such delay or failure is due to circumstances beyond its control and unknown to it at the date when agreed by the Partner and/or these Terms, such circumstances including but not restricted to fire, flood, explosion, war, terrorism, embargo, government requirement, legislative constraints, civil or military authority, natural disasters, or other similar types of situations (“Force Majeure Event”). If a force majeure event continues for a period of more than forty-five (45) days, either Party may terminate the agreement between the Parties by giving not less than seven (7) days written notice to the other Party.

14. Communication

Notice of termination or other communication shall be made through messenger, registered letter to the Parties’ addresses as stated subsequently through written communication to the opposite Party. The notification shall be considered to have been received by the other Party if; (a) delivered by messenger: upon delivery; and (b) sent by registered letter: two days after delivery for mailing. Change of address shall be notified to a Party in the manner stated herein.

15. Miscellaneous

These Terms and all exhibits, links and schedules hereto, constitutes the entire understanding and supersedes all prior oral or written agreements between the Parties relating to the subject matter contained herein, and merges all prior and contemporaneous discussions among them.

Unless otherwise specified the Site, Service and Software is directed solely to those who access it from Sweden. Users who access the Site, thus the Service and/or Software, from a location outside Sweden will be responsible for compliance with local laws if and to the extent local laws are applicable.

16. Governing law and disputes

These Terms shall be governed by, and constructed in accordance with, the laws of Sweden.

In the event that Swedish law for any reason does not apply the selling company´s local law, to the minimum extent possible, shall apply to these Terms instead.

The Parties shall endeavour to settle any dispute, controversy or claim arising out of these Terms by good faith negotiations. Should the negotiations fail, the dispute shall be finally determined through arbitration in accordance with the Rules for Simplified Arbitration Procedure of the Stockholm Chamber of Commerce. The arbitration shall take place in Stockholm, Sweden and the award shall be confidential.