May I use Scaler 2.9 for publishing Videos commercialy with self made music using Scaler?

Hi all, I bought Scaler 2.9 at Plugin boutique and would like to use it for composing my own music. Can I use my, now with the help of Scaler produced, music without any limitations or further payings commercialy(for example Audio/Video productions, Youtube, etc.) or are there any Licences/ limitations/payings requiered (EULA)?

If I can use Scaler for producing my music commercialy, can I also use the Music instruments or Presets of Scaler, or do I have to change the Midi files to other instruments, for example Native instruments, Sonuscore, UJAM, etc.?

As a Music/Video Producer I have to be save about not violating any Copyrights or Music Software limitations/payings BEFORE I will produce it. Where can I get further definite informations and exactly details to understand the terms of usage?

What in detail are the limitations in case of publish videos with self-made music by Scaler?

Best regards

Hey @Neo69 and welcome to the forum. T&Cs are on the installer but basically you can write and release using anything within Scaler 2 no problem. You just can’t reuse the instruments or chord sets, expressions, articulations etc for creating an (VST/Library) instrument, MIDI pack, sample pack etc. IE it’s all good for composing and writing, releasing music. Enjoy!

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Hi Davide, thanx for your friendly and fast answer. How can I read the T & Cs in the instaler?

Just run the installer and read the T&Cs before actually installing. Here they are:

Scaler End User Licence Agreement Warning

Permission to use the Scaler 2 software (Software) is conditional upon you (Licensee) agreeing to the terms of this End User Licence Agreement (EULA). A licence to use Software and Additional Materials is offered to you by Scaler Plugin Pty Ltd ACN 6333 215 808 (Scaler) only on the condition that you read and accept all the terms of this EULA and wish to become a licensee of the Software and Additional Materials. Acceptance will bind you and each of your employees to the terms of the EULA. By clicking “I Accept”, you will be deemed to have accepted the terms set out in this EULA. If you do not wish to accept the terms, you must not click “I Accept” and you may not use the Software or any Additional Materials.

1 Licence

(a) Pursuant to this EULA, Scaler grants the Licensee a non-exclusive, revocable licence to:

(i) use the Software on the basis of a thirty (30) day trial licence (30 Day Trial); and

(ii) subject to the payment of the Licence Fee, continue using the Software following the expiry of 30 Day Trial, subject to the terms and conditions set out in this EULA.

(b) The Licensee may install the Software concurrently on up to three (3) computers for the Licensee’s use, but the Software is licensed for use by one (1) person only. An employee of the Licensee may use the Software in carrying out their duties in their capacity as an employee of the Licensee, provided that the Software is only used by that employee and no other person (including the Licensee). For example, if the Licensee is an individual that wishes to use the Software and the Licensee also has an employee that it wishes to use the Software in carrying out its duties for the Licensee, the Licensee will be required to purchase a second licence for the employee by paying a second Licence Fee.

2 Licence Fee

Following the 30 Day Trial, the Licensee is not entitled to use the Software until the licence fee for the Software has been paid (Licence Fee). The Licence Fee must be paid in the amount and in the manner specified by:

(a) Scaler where the Software is acquired directly from Scaler; or

(b) the authorised distributor of the Software where the Software is acquired from an authorised distributor of the Software.

3 Additional Materials

This EULA extends to any accompanying documentation, materials and files including, but not limited to the manual for the Software, audio files, sound libraries, third party licensed content, bug fixes, updates and improvements to the Software provided by Scaler in conjunction with the Software (Additional Materials). Where used in this EULA, unless expressly provided otherwise, the defined term Software shall include the Additional Materials. The Additional Materials may not be copied, modified or used in any way not contemplated or expressly authorised by this EULA.

4 Licensee’s Obligations

The Licensee undertakes the following obligations:

(a) to not copy, reproduce, translate, adapt, reverse engineer, decompile, vary or modify the Software in whole or in part, except as expressly authorised by this EULA or part III division 4A of the Australian Copyright Act 1968 (Cth);

(b) to supervise and control the use of the Software in accordance with the terms of this EULA;

(c) to ensure its employees who have authorised access to the Software are made aware of, and comply with, the terms of this EULA;

(d) to not provide or otherwise make available the Software or any part of it in any form to any person other than those referred to in paragraph 4(c);

(e) to not give, sell, lease, assign, licence, sub-licence, transfer, distribute, disclose, disseminate or publish the Software in any form to any other person or attempt to do any of these acts except as otherwise authorised in this EULA;

(f) to only use the Scaler software in accordance with the manual provided as part of the Additional Materials;

(g) to not develop any derivative or other software program based on the Software;

(h) to only use presets or parts of sound libraries that form part of the Software in the context of musical arrangements, recordings of arrangements and live performances;

(i) to not extract, copy or produce from the Software any single preset, sound or MIDI files or any assembly of presets, sound or MIDI files for resale, commercialisation or any other form of distribution or create derivatives of any presets, sound or MIDI files from the Software (including exporting Additional Materials and selling, commercialising or distributing as sample libraries); and

(j) to not use the Software in any way that is illegal or contrary to any laws or regulations, infringes the rights of any third party or is defamatory of any third party.

5 Warranty

(a) The Licensee acknowledges that the Software and Additional Materials cannot be guaranteed error or interruption free or otherwise free from infringement and further acknowledges that the existence of any such errors must not constitute a breach of this EULA by Scaler.

(b) Subject to clause 5(e), Scaler will not be liable for any indirect or consequential loss or damage arising out of a breach of this EULA or arising out of the supply of the Software and any condition, warranty, right or liability which would otherwise be implied in this EULA or protected by law is excluded.

(c) Pursuant to Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law), liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by sections 51-53 of the Australian Consumer Law) in respect of any of the goods or services supplied under this EULA which are not of a kind ordinarily acquired for personal, domestic or household use or consumption is limited:

(i) in the case of goods, to any one of the following as determined by Scaler, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired; and

(ii) in the case of services, to any one of the following as determined by Scaler or Plugin Boutique, the supplying of the services again or the payment of the cost of having the services supplied again.

(d) If clause 5(c) does not apply, the total liability of Scaler for loss or damage of any kind:

(i) arising under this EULA;

(ii) out of or in relation to the Software, its sale, delivery or the way it operates in tort, contract or in any other cause of action; or

(iii) in any other way,

is limited to the amount of the Licence Fee paid by the Licensee and any other amounts paid by the Licensee to Scaler under this EULA.

(e) Nothing in this EULA excludes, restricts or modifies any condition, warranty, right or liability implied in this EULA or protected by law to the extent that such exclusion, restriction or modification would render this EULA or any provision of this EULA void, illegal or unenforceable.

(f) The Licensee acknowledges that:

(i) prior to paying the Licence Fee, a reasonable opportunity has been provided, in the form of the 30 Day Trial Period (irrespective of whether the Licensee utilised the 30 Day Trial Period), to assess the suitability of the Software;

(ii) at no time prior to entering into this EULA has it relied on any representation by Scaler or any distributor of the Software regarding the Software or the Additional Materials which the Licensee has not been able to verify, or had the opportunity to verify or investigate (including by way of the 30 Day Trial), independently;

(iii) it is not obliged to continue use of the Software beyond the 30 Day Trial Period; and

(iv) prior to paying the Licence Fee, it has been given a reasonable opportunity:

(A) to satisfy itself that the Software and Additional Materials corresponds with any representation made by Scaler or Plugin Boutique; and

(B) to examine Software and Additional Materials for any apparent defects, and that it has availed itself of that opportunity; and

(v) the Software is provided as is, and Scaler has no obligation to provide the Licensee with updates, upgrades, bug fixes, improvements or supplements to the Software or provide any support services in connection with the Software.

(g) The application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to this EULA (by virtue of any law relevant to this agreement) is excluded.

6 Intellectual Property and Title

(a) The Licensee acknowledges that the Software is the subject of copyright. The Licensee will not during or any time after the expiry or termination of this EULA permit any act which infringes that copyright and, without limiting the generality of the previously mentioned copyright, the Licensee specifically acknowledges that it may not copy the Software or any part of it except as otherwise expressly authorised or acknowledged by this EULA.

(b) You must not during or at any time after the expiry or termination of this EULA permit any act which infringes any of Scaler’s trade marks (whether registered or unregistered) used in connection with the Software.

(c) This EULA does not transfer any ownership of the Software to the Licensee. Scaler retains all right, title and interest in and to the Software and any copies of the Software (including all intellectual property rights pertaining thereto).

7 Term of licence

(a) The 30 Day Trial commences upon the Licensee’s acceptance of the terms and conditions set out in this EULA.

(b) The EULA will continue beyond the 30 Day Trial upon payment of the Licence Fee and shall continue in effect until terminated in accordance with clause 7(c).

(c) This EULA may be terminated by Scaler in the following circumstances:

(i) if the Licensee is in breach of any term of this EULA;

(ii) if the Licensee, being a corporation, becomes the subject of insolvency proceedings;

(iii) if the Licensee, being a firm or partnership, is dissolved;

(iv) if the Licensee uses the Software in any way that, in the reasonable opinion of Scaler, does or is likely to cause damage to Scaler or bring it into disrepute; or

(v) if the Licensee destroys the Software for any reason.

(d) Upon termination, the Licensee or its representative will destroy any remaining copies of the Software and Additional Materials or otherwise dispose of such material in the manner directed by Scaler.

(e) Termination pursuant to this clause will not affect any rights or remedies which Scaler may have otherwise under this EULA or at law.

8 Limitation of Liability and Indemnity

(a) The Licensee will indemnify Scaler, its officers, employees, contractors and agents fully against all liabilities, costs, charge, claim, liabilities and expenses (including legal expenses) which Scaler may sustain or incur as a direct or indirect consequence of:

(i) a breach of the terms of this EULA by the Licensee (or its officers, employees, agents, representatives or contractors);

(ii) any negligent or unlawful act or omission of the Licensee (or its officers, employees, agents, representatives or contractors); and

(iii) the Licensee’s use of the Software except as otherwise provided in this EULA.

9 Privacy

The Licensee acknowledges and agrees that Scaler may collect, use, store and share the Licensee’s personal information and usage information in accordance with Scaler’s privacy policy, as amended from time to time in Scaler’s sole discretion, which is set out on Scaler’s website at Scaler Plugin - Community Forum or such other website or location as notified to the Licensee from time to time.

10 Assignment

The benefit of this EULA will not be dealt with in any way by the Licensee (whether by assignment, sub-licensing or otherwise) without Scaler’s written consent (which may be withheld in its absolute discretion). Scaler may transfer, novate or assign its rights and obligations under this EULA to a third party at any time in its absolute discretion.

11 Waiver

Failure or neglect by either party to enforce at any time any of the provisions of this EULA will not be construed or deemed to be a waiver of that party’s rights under this EULA.

12 Severability

If any part of this EULA is or becomes invalid or unenforceable, that part is severed from this EULA. Such invalidity or unenforceability does not affect the validity or enforceability of the remaining provisions of this EULA.

13 Survival

Any indemnity under this EULA is independent from the other obligations of the parties and survives the termination of this EULA and any term which is expressed to survive termination of this EULA or any term which by its nature is intended to survive termination of this EULA shall survive the termination of this EULA.

14 Entire Agreement

This EULA and any documents expressly referred to in it (including Scaler’s privacy policy and the Software user manual) constitutes the entire agreement between Scaler and the Licensee.

15 Governing law

This EULA will be governed by and construed according to the law of the Victoria, Australia.