Common use of Granting of Rights Clause in Contracts

Granting of Rights. 1. Steinberg hereby grants to the Licensee a non-exclusive, worldwide, nontransferable license during the term of this Agreement to use the Licensed Software Developer Kit solely: a) for the development of Plug-Ins/Application and/or for the development of an application that can host VST 3 Plug-Ins (herein VST 3 Product), b) publish, sell or otherwise distribute a product under his own brand name that is using parts or all of the Licensed Software Developer Kit (herein after Product Including Licensed Software Developer Kit). 2. In case the Licensee receives a preliminary version of the Licensed Software Developer Kit, the Licensee is not allowed to publish, sell or distribute any Product to the public using a preliminary Software Developer Kit. The Licensee is only allowed to publish, sell or distribute products based on a Licensed Software Developer Kit which is not declared as a preliminary version by ▇▇▇▇▇▇▇▇▇. 3. The Licensee has no permission to publish, sell, license, give-away and/or distribute the Licensed Software Developer Kit or parts of it in any way, for example, integrated in any framework application, on any medium, including the Internet, to any other person, including sub-licensors of the Licensee or companies where the Licensee has any involvement. This includes re-working this specification (VST API, API calling sequences, bundle definition per platform, preset format, etc.) or reverse-engineering any VST 3 Products nor any Product Including Licensed Software Developer Kit based upon this specification. 4. In case the Licensed Software Developer Kit is modified, i.e., amended or extended (functional extension, porting to another programming language, porting to an operating system not supported by Steinberg at the time of this Agreement), it shall not be published, sold or distributed without written agreement of Steinberg. To obtain permission for publication, sale or distribution of such modification, the change must be explicitly requested for approval from ▇▇▇▇▇▇▇▇▇ including an explanation of the business model. This may have the consequence that a separate license Agreement must be signed. 5. In case the Licensed Software Developer Kit is modified as described in § 2.4., it shall not be used in any other description than “(Licensees company name) extension to the ▇▇▇▇▇▇▇▇▇ VST 3 Plug-in SDK”. Any other naming containing the VST mark is subject to written permission of ▇▇▇▇▇▇▇▇▇. 6. The Licensee recognizes the value of the goodwill associated with the mark VST and acknowledges that such goodwill exclusively belongs to ▇▇▇▇▇▇▇▇▇. 7. Licensee may publish, sell or otherwise distribute a Product Including Licensed Software Developer Kit or VST 3 Product to a third party only in compiled form and provided that Licensee warrants that any third party gaining access to such Product Including Licensed Software Developer Kit or VST 3 Product is bound to refrain from reverse engineering of said Product Including Licensed Software Developer Kit or VST 3 Product. Any such compiled Product Including Licensed Software Developer Kit or VST 3 Product published, sold or distributed according to preceding sentence must be compiled in release mode and may not contain debug information, assertions and runtime checks. Publishing, selling and distributing parts of Licensed Software Developer Kit, a Product Including Licensed Software Developer Kit or a VST 3 Product compiled in debug mode or including assertions or runtime checks is strictly forbidden. 8. If the Licensee is developing a Product Including Licensed Software Developer Kit or VST 3 Product, and this product is not published, sold or distributed under his own name but will be published, sold or distributed under the name of a third party, this third party has to agree in writing to be bound by this Agreement. Licensee warrants that the third party completely complies with all provisions of this Agreement and will upon ▇▇▇▇▇▇▇▇▇’▇ request provide the written consent of the third party to be bound to all provisions of this Agreement. If the third party is not in accordance with any of these conditions, the third party is not allowed to publish, sell or distribute such Product Including Licensed Software Developer Kit or VST 3 Product. 9. If the Licensee is planning to publish, sell or distribute a Product Including Licensed Software Developer Kit or VST 3 Product under the name of a third party, the Licensee is under the obligation to send the Agreement signed by the third party to Steinberg, either by mail, or by fax.

Granting of Rights. 1. Steinberg ▇▇▇▇▇▇▇▇▇ hereby grants to the Licensee a non-exclusive, worldwide, nontransferable license during the term of this Agreement to use the Licensed Software Developer Kit solely: a) for the development of Plug-Ins/Application and/or for the development of an application that can host VST 3 Plug-Ins (herein VST 3 Product), b) publish, sell or otherwise distribute a product under his own brand name that is using parts or all of the Licensed Software Developer Kit (herein after Product Including Licensed Software Developer Kit). 2. In case the Licensee receives a preliminary version of the Licensed Software Developer Kit, the Licensee is not allowed to publish, sell or distribute any Product to the public using a preliminary Software Developer Kit. The Licensee is only allowed to publish, sell or distribute products based on a Licensed Software Developer Kit which is not declared as a preliminary version by ▇▇▇▇▇▇▇▇▇. 3. The Licensee has no permission to publish, sell, license, give-away and/or distribute the Licensed Software Developer Kit or parts of it in any way, for example, integrated in any framework application, on any medium, including the Internet, to any other person, including sub-licensors of the Licensee or companies where the Licensee has any involvement. This includes re-working this specification (VST API, API calling sequences, bundle definition per platform, preset format, etc.) or reverse-engineering any VST 3 Products nor any Product Including Licensed Software Developer Kit based upon this specification. 4. In case the Licensed Software Developer Kit is modified, i.e., amended or extended (functional extension, porting to another programming language, porting to an operating system not supported by Steinberg ▇▇▇▇▇▇▇▇▇ at the time of this license Agreement), it shall not be published, sold or distributed without written agreement Agreement of Steinberg▇▇▇▇▇▇▇▇▇. To obtain permission for publication, sale or distribution of such modification, the change must be explicitly requested for approval from ▇▇▇▇▇▇▇▇▇ including an explanation of the business model. This may have the consequence that a separate license Agreement must be signed. 5. In case the Licensed Software Developer Kit is modified as described in § 2.4., it shall not be used in any other description than “(Licensees company name) extension to the ▇▇▇▇▇▇▇▇▇ VST 3 Plug-in SDK”. Any other naming containing the VST mark ▇▇▇▇ is subject to written permission of ▇▇▇▇▇▇▇▇▇. 6. The Licensee recognizes the value of the goodwill associated with the mark ▇▇▇▇ VST and acknowledges that such goodwill exclusively belongs to ▇▇▇▇▇▇▇▇▇. 7. Licensee may publish, sell or otherwise distribute a Product Including Licensed Software Developer Kit or VST 3 Product to a third party only in compiled form and provided that Licensee warrants that any third party gaining access to such Product Including Licensed Software Developer Kit or VST 3 Product is bound to refrain from reverse engineering of said Product Including Licensed Software Developer Kit or VST 3 Product. Any such compiled Product Including Licensed Software Developer Kit or VST 3 Product published, sold or distributed according to preceding sentence must be compiled in release mode and may not contain debug information, assertions and runtime checks. Publishing, selling and distributing parts of Licensed Software Developer Kit, a Product Including Licensed Software Developer Kit or a VST 3 Product compiled in debug mode or including assertions or runtime checks is strictly forbidden. 8. If the Licensee is developing a Product Including Licensed Software Developer Kit or VST 3 Product, and this product is not published, sold or distributed under his own name but will be published, sold or distributed under the name of a third party, this third party has to agree in writing to be bound by this VST 3 Plug-Ins SDK Licensing Agreement. Licensee warrants that the third party completely complies with all provisions of this VST 3 Plug-In SDK Licensing Agreement and will upon ▇▇▇▇▇▇▇▇▇’▇ request provide the written consent of the third party to be bound to all provisions of this VST 3 Plug-In SDK Licensing Agreement. If the third party is not in accordance with any of these conditions, the third party is not allowed to publish, sell or distribute such Product Including Licensed Software Developer Kit or VST 3 Product. 9. If the Licensee is planning to publish, sell or distribute a Product Including Licensed Software Developer Kit or VST 3 Product under the name of a third party, the Licensee is under the obligation to send the Agreement ‘▇▇▇▇▇▇▇▇▇ VST 3 Plug-In SDK Licensing Agreement’ signed by the third party to Steinberg▇▇▇▇▇▇▇▇▇, either by mail, or by fax.

Granting of Rights. 1. Steinberg ▇▇▇▇▇▇▇▇▇ hereby grants to the Licensee a non-exclusive, worldwide, nontransferable license during the term of this Agreement to use the Licensed Software Developer Kit solely: a) for the development of Plug-Ins/Application and/or for the development of an application that can host VST 3 Plug-Ins (herein VST 3 Productproduct), b) publish, sell or otherwise distribute a product under his own brand name that is using parts or all of the Licensed Software Developer Kit (herein after Product Including Licensed Software Developer Kit). 2. In case the Licensee receives a preliminary version of the Licensed Software Developer Kit, the Licensee is not allowed to publish, sell or distribute publish any Product product to the public using a preliminary Software Developer Kit. The Licensee is only allowed to publish, sell or distribute publish products to the public based on a Licensed Software Developer Kit which is not declared as a preliminary version by ▇▇▇▇▇▇▇▇▇. 3. The Licensee has no permission to publish, sell, license, give-away and/or distribute the Licensed Software Developer Kit or parts of it for the use as software developer kit in any way, for example, integrated in any framework application, on any medium, including the Internet, to any other person, including sub-licensors of the Licensee or companies where the Licensee has any involvement. This includes re-re- working this specification (VST API, API calling sequences, bundle definition per platform, preset format, etc.) or reverse-engineering any VST 3 Products nor any Product Including Licensed Software Developer Kit products based upon this specification. 4. In case the Licensed Software Developer Kit is modified, i.e., amended or extended modified (e.g. functional extension, porting to another programming language, porting to an operating system not supported by Steinberg ▇▇▇▇▇▇▇▇▇ at the time of this license Agreement), it shall not be published, sold or distributed without written agreement Agreement of Steinberg▇▇▇▇▇▇▇▇▇. To obtain permission for publication, sale or distribution of such modification, the change must be explicitly requested for approval from ▇▇▇▇▇▇▇▇▇ including an explanation of the business model. This may have the consequence that a separate license Agreement must be signed. 5. In case the Licensed Software Developer Kit is modified as described in § 2.4.2(4), it shall not be used in any other description than “(Licensees company name) extension to the ▇▇▇▇▇▇▇▇▇ VST 3 Plug-in 3.7 SDK”. Any other naming containing the VST mark brand is subject to written permission of ▇▇▇▇▇▇▇▇▇. 6. The Licensee recognizes the value of the goodwill associated with the mark ▇▇▇▇ VST 3 Plug-In Technology and acknowledges that such goodwill exclusively belongs to the benefit of ▇▇▇▇▇▇▇▇▇ and belongs to ▇▇▇▇▇▇▇▇▇. 7. Licensee may publish, sell or otherwise distribute a Product Including Licensed Software Developer Kit or VST 3 Product to a third party only in compiled form and provided that Licensee warrants that any third party gaining access to such Product Including Licensed Software Developer Kit or VST 3 Product is bound to refrain from reverse engineering of said Product Including Licensed Software Developer Kit or VST 3 Product. Any such compiled Product Including Licensed Software Developer Kit or VST 3 Product published, sold or distributed according to preceding sentence must be compiled in release mode and may not contain debug information, assertions and runtime checks. Publishing, selling and distributing parts of Licensed Software Developer Kit, a Product Including Licensed Software Developer Kit or a VST 3 Product compiled in debug mode or including assertions or runtime checks is strictly forbidden. 8. If the Licensee is developing a Product Including product, that is using or based on parts or all of the Licensed Software Developer Kit or VST 3 ProductKit, and this product is not published, sold or distributed published under his own name but will be published, sold or distributed published under the name of a third party, this third party has to agree in writing to be bound by this VST 3 Plug-Ins SDK Licensing Agreement. Licensee warrants that the third party completely complies with all provisions of this VST 3 Plug-In SDK Licensing Agreement and will upon ▇▇▇▇▇▇▇▇▇’▇ request provide the written consent of the third party to be bound to all provisions of this VST 3 Plug-In SDK Licensing Agreement. If the third party is not in accordance with any of these conditions, the third party is not allowed to publish, sell distribute this product which is using parts or distribute such Product Including all of the Licensed Software Developer Kit or VST 3 ProductKit. 98. If the Licensee is planning to publish, sell or distribute publish a Product Including Licensed Software Developer Kit or VST 3 Product product under the name of a third party, that is using parts or all of the Licensed Software Developer Kit, the Licensee is under the obligation to send the Agreement ‘▇▇▇▇▇▇▇▇▇ VST 3 Plug-In SDK Licensing Agreement’ signed by the third party to Steinberg▇▇▇▇▇▇▇▇▇, either by mail, or by fax.

Granting of Rights. 1. Steinberg hereby grants to the Licensee a non-exclusive, worldwide, nontransferable license during the term of this Agreement to use the Licensed Software Developer Kit solely: a) for the development of Plug-Ins/Application and/or for the development of an application that can host VST 3 Plug-Ins (herein VST 3 Product), b) publish, sell or otherwise distribute a product under his own brand name that is using parts or all of the Licensed Software Developer Kit (herein after Product Including Licensed Software Soft- ware Developer Kit). 2. In case the Licensee receives a preliminary version of the Licensed Software Developer Kit, the Licensee Li- censee is not allowed to publish, sell or distribute any Product to the public using a preliminary Software Soft- ware Developer Kit. The Licensee is only allowed to publish, sell or distribute products based on a Licensed Li- censed Software Developer Kit which is not declared as a preliminary version by ▇▇▇▇▇▇▇▇▇. 3. The Licensee has no permission to publish, sell, license, give-away and/or distribute the Licensed Software Developer Kit or parts of it in any way, for example, integrated in any framework applicationapplica- tion, on any medium, including the Internet, to any other person, including sub-licensors of the Licensee Li- censee or companies where the Licensee has any involvement. This includes re-working this specification specifi - cation (VST API, API calling sequences, bundle definition per platform, preset format, etc.) or reversere- verse-engineering any VST 3 Products nor any Product Including Licensed Software Developer Kit based upon this specification. 4. In case the Licensed Software Developer Kit is modified, i.e., amended or extended (functional extensionex- tension, porting to another programming language, porting to an operating system not supported by Steinberg at the time of this Agreement), it shall not be published, sold or distributed without written agreement of Steinberg. To obtain permission for publication, sale or distribution of such modificationmodifica- tion, the change must be explicitly requested for approval from ▇▇▇▇▇▇▇▇▇ including an explanation of the business model. This may have the consequence that a separate license Agreement must be signed. 5. In case the Licensed Software Developer Kit is modified as described in § 2.4., it shall not be used in any other description than “(Licensees company name) extension to the ▇▇▇▇▇▇▇▇▇ VST 3 Plug-in SDK”. Any other naming containing the VST mark is subject to written permission of ▇▇▇▇▇▇▇▇▇. 6. The Licensee recognizes the value of the goodwill associated with the mark VST and acknowledges that such goodwill exclusively belongs to ▇▇▇▇▇▇▇▇▇. 7. Licensee may publish, sell or otherwise distribute a Product Including Licensed Software Developer Devel- oper Kit or VST 3 Product to a third party only in compiled form and provided that Licensee warrants war- rants that any third party gaining access to such Product Including Licensed Software Developer Kit or VST 3 Product is bound to refrain from reverse engineering of said Product Including Licensed Li- censed Software Developer Kit or VST 3 Product. Any such compiled Product Including Licensed Software Developer Kit or VST 3 Product published, sold or distributed according to preceding sentence sen- tence must be compiled in release mode and may not contain debug information, assertions and runtime run- time checks. Publishing, selling and distributing parts of Licensed Software Developer Kit, a Product Prod- uct Including Licensed Software Developer Kit or a VST 3 Product compiled in debug mode or including in- cluding assertions or runtime checks is strictly forbidden. 8. If the Licensee is developing a Product Including Licensed Software Developer Kit or VST 3 Product, and this product is not published, sold or distributed under his own name but will be publishedpub- lished, sold or distributed under the name of a third party, this third party has to agree in writing to be bound by this Agreement. Licensee warrants that the third party completely complies with all provisions provi - sions of this Agreement and will upon ▇▇▇▇▇▇▇▇▇’▇ request provide the written consent of the third party to be bound to all provisions of this Agreement. If the third party is not in accordance with any of these conditions, the third party is not allowed to publish, sell or distribute such Product Including Licensed Software Developer Kit or VST 3 Product. 9. If the Licensee is planning to publish, sell or distribute a Product Including Licensed Software Developer De- veloper Kit or VST 3 Product under the name of a third party, the Licensee is under the obligation to send the Agreement signed by the third party to Steinberg, either by mail, or by fax.