Eclipsed Sounds Synthesizer V Voice Database End-User License Agreement
(Last Revised September 2024)
1 Definitions
1.1 Eclipsed Sounds: Eclipsed Sounds, LLC, a limited liability company operating according to the laws of and established in the United States of America, focused on creating singing voice databases for Synthesizer V Studio, the voice synthesis engine created by Dreamtonics.
1.2 Dreamtonics: Dreamtonics Co. Ltd. (and its subsidiaries), a limited liability company established in and operating according to the laws of Japan, specializing in computer music and voice technology.
1.3 Singing Voice Database: singing voice database used for Synthesizer V Studio based on the singing voice synthesis engine created by Dreamtonics, abbreviated as ‘SVD’ in this Agreement.
1.4 Person: any natural person, legal person, or organization without a codified legal identity, also referred to as “Persons” if used in a plural form.
1.5 The User: any natural person who uses this SVD under the conditions herein, is also referred to as “You” or “Your” if used in the possessive form in this Agreement.
2 General Software License
2.1 Eclipsed Sounds grants the User a single nonexclusive license to use this SVD only on the condition that the User complies in good faith with this Agreement. This SVD is and remains the sole property of Eclipsed Sounds. This license is non-exclusive, granting it to You shall not prohibit Eclipsed Sounds granting other Persons the same or different licenses.
2.2 Selling, sub-licensing, sharing, leasing, or otherwise transferring rights to this SVD to any third party will result in voiding of customer support for the SVD for the User, and the User will no longer be able to receive technical support.
2.3 You will be given an activation code with which to activate this SVD. You shall handle the activation code with care and You shall not disclose or share it with any third party. Eclipsed Sounds is not responsible for damages caused by inadequate management of activation codes, malpractices in the usage thereof, or any usage by a third party.
2.4 The license granted by Eclipsed Sounds to the User allows this SVD to be used only by one natural person and to be installed only on a limited number of devices (designated by Dreamtonics) owned by the same User. In the event that this SVD is purchased by an entity or an organization, each natural person within this entity or organization should obtain a separate license.
2.5 If Eclipsed Sounds has evidence to prove that one license of this SVD is used by multiple natural persons, Eclipsed Sounds has the right to immediately terminate the license without any compensation and without notice to the User.
2.6 This SVD is only licensed to be used together with Synthesizer V Studio. The function of SVD will be limited when You use the free version of the Synthesizer V Studio. In the event that You would like to utilize the full set of features of this SVD, You should otherwise purchase Synthesizer V Studio Pro. If You want to use this SVD independent from the Synthesizer V Studio or Synthesizer V Studio Pro editors, for example embedding the SVD into an application, You may contact Dreamtonics and Eclipsed Sounds to facilitate it, which will require paying an additional price to secure a specific usage license.
2.7 You must not take any measure, such as reverse engineering, reverse compilation, or reverse assemble, etc. that result in the extraction of information such as basic concepts, structure, and machine code for this software/algorithm. You must not attempt to bypass the copyright protection technology and technical limitations of the software.
2.8 Eclipsed Sounds grants you the right to update this SVD free of charge, within the same major version.
2.9 When You use this SVD, your device will automatically contact the servers of Dreamtonics from time to time. You may be charged separately by Your telecommunications carrier or internet service provider for this internet communication.
2.10 For operational or technical reasons, Eclipsed Sounds may temporarily suspend or restrict the use of this SVD without notice to You. For the same reason, the provision of this SVD may be delayed.
3 Usage Rights and Conditions
3.1 Eclipsed Sounds grants the User rights to:
(1) Use Synthesizer V Studio with this SVD to produce singing voice (such singing voice produced hereinafter are referred to as ‘Rendition’), without any limitation on the quantity of the Renditions and free of additional charge for each Rendition.
(2) Publish (“Present”) the Renditions or include the Renditions in publishable media, including but not limited to videos, CDs, DVDs, websites, podcasts, multimedia presentations, films, television, and radio broadcasts, complying with relative governing laws, non-commercially or commercially, directly or indirectly for and only for the benefits of You without any additional charge from Eclipsed Sounds.
3.2 Under the condition that:
(1) When Presenting a Rendition, the User must not use names other than designated by Eclipsed Sounds to identify the SVD. These names are as follows: “NYL”, “Nyl”, “NYL AI”, or “Nyl AI”. Named attribution of the SVD is not required for the full version of the SVD. However, if the Lite version is being used, the SVD must be attributed as “NYL Lite”. The User also may not ever use the name “Zay”, "Zachariah", “Zacariah”, or any similar name to identify the SVD or attribute sounds generated from it.
(2) Any compilation of the Renditions must not be Presented in isolation that facilitates the creation of derived works by a third party. For example, the creation of re-licensable sample packs from the SVD is strictly prohibited unless the Rendition is inextricably mixed in with other instruments and sounds in every sample in which it is present.
(3) Any part of the SVD or any Rendition generated from it must not be used as the input to any singing synthesis or speech synthesis model, algorithm, application or any data-driven workflow that generates singing voice or speech.
(4) You must not conduct any of the following acts, or any act that may lead to such acts:
a. Erasing, deleting, modifying or falsifying the copyright information or trademarks of this SVD, or any action that infringes or may infringe upon Dreamtonics’ or Eclipsed Sounds’ copyrights.
b. Slander or defamation of Dreamtonics or Eclipsed Sounds.
c. Any action that violates or may violate privacy.
d. Any action that is against public order and morals, or an act of disclosing obscene audio generated by the User’s usage of this SVD to others.
e. Any action that interferes with the operation and usage of this SVD by other users.
f. Any action that violates the governing laws.
4 Liability Limitation of Eclipsed Sounds
4.1 No quality guarantee of each Rendition is made by Eclipsed Sounds. No function guarantee of this SVD is promised by Eclipsed Sounds. No guarantee for the immediate access or availability to this SVD or Synthesizer V Studio when You use them. Eclipsed Sounds will not be liable for any loss or damage incurred by the User in using this SVD.
4.2 You shall indemnify and hold harmless Eclipsed Sounds from any third party claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from Your usage of this SVD as well as from your failure to comply with any term of this Agreement. Under no circumstances and under no legal theory will Eclipsed Sounds’ liability hereunder exceed the price paid by You for this SVD.
4.3 Dreamtonics will collect the IP address, the device identity information, the operation system information of Your device, and Eclipsed Sounds will collect Your email address and contact information when You purchase and use this SVD and Synthesizer V Studio. If necessary, Dreamtonics or Eclipsed Sounds will collect more information for the implementation of this Agreement. The User confirms the authorization to Dreamtonics and Eclipsed Sounds to do so, and Dreamtonics and Eclipsed Sounds shall keep such information confidential and shall only use such information for the target of this Agreement.
5 Miscellaneous Items
5.1 Eclipsed Sounds may change the content of this Agreement without prior notice to the User. Such modification will take effect at once when it is made. This Agreement may be terminated by the sole resolution of Eclipsed Sounds if You breach this Agreement.
5.2 This Agreement is deemed to have been entered into in the state of Virginia in the United States of America, and any dispute arising under this Agreement shall be resolved in accordance with the laws of the United States of America in the Loudoun General District Court in the 20th Judicial District of Virginia in the United States of America.
