End-User License Agreement (EULA)

The following end-user license agreement details the terms of use that each, and every, user must abide by in order to use the Dubler software and web services. [This EULA was last updated on 11th August 2020]

1. General

This End-User License Agreement (“EULA”) is a legal agreement (“Terms”) between you (“User”, “you”, “your”) and Vochlea Music Ltd (the “Company”, “Vochlea”).

This EULA governs the contractual terms and conditions for:

  • Acquisition and use of The Dubler Studio Kit software (“Dubler”, the “Product”, the “Software”) directly from Vochlea or indirectly through a Vochlea authorised distributor or reseller

  • Use of Vochlea’s web and user services (the “Services”), including the Vochlea Music website (vochlea.com), the Vochlea help knowledge base (vochlea.com/tutorials) and the Vochlea Music “Forum” (forum.vochlea.co.uk).

This EULA provides, subject to governing conditions, a license to use the Software. By using the Software or Services, you are agreeing to become bound by the Terms of this EULA. Please read the Terms carefully before downloading, installing and using Dubler. Please note that an active internet connection is required to download the Software, and will be required from time-to-time for licence validation and Software updates.  If you are entering into this EULA on behalf of a company or other legal entity, you confirm that you have the authority to bind such entity and its affiliates to these Terms and conditions. If you do not have such authority, or if you do not agree with the Terms of this EULA, you must not accept these Terms, install or use the Software or Services.

2. Definitions

Unless otherwise defined, capitalised terms used throughout this document have the meanings stated below:

“Accompanying Documentation” means tutorials (both written and video), User guides, FAQs and any other general documentation created by Vochlea relating to the Product.

“Company” means Vochlea Music Ltd.

“Dubler” means the Dubler Studio Kit software.

“EULA” means the End-User License Agreement. This document.

“Forum” means the community forum located at forum.vochlea.co.uk.

“Intellectual Property Rights” means copyright, trademarks, moral rights, patents, trade secrets, unfair competition, and any other intellectual or proprietary rights.

“Privacy Policy” means the provisions governing the way Vochlea gathers, uses, discloses, and manages your data.

“Product” means the Dubler Studio Kit software.

“Product Key” means the unique serial code provided by Vochlea to unlock or enable certain features of the Software.

“Services” means Vochlea’s web services including the Vochlea Music website (vochlea.com), the Vochlea help knowledge base (vochlea.com/tutorials) and the Vochlea Music “Forum” (forum.vochlea.co.uk).

“Software” means the Dubler Studio Kit software.

“Terms” means the legal provisions that constitute this legal document.

“Usage Data” means personal and technical information relating to the use of the Software.

“User” means you, the user of the product and licensee for this EULA.

“Vocal Profile Data” means the discrete data collected when training a new trigger or when recording input pitch for note fixing. See our Privacy Policy for more information.

“Vochlea” means Vochlea Music Ltd.

“Your Content” means any media created by the User using the Software

3. License grant and restrictions

Provided you comply with the Terms of this EULA, Vochlea grants to you a personal, non-exclusive, non-transferable, revocable right to access and use the Software subject to conditions and restrictions.

3.1 Under the condition that:

  • The User has legally acquired or purchased the “Product Key” and received the allowance to download the Software by Vochlea or an authorized dealer.

  • The User is using an authorized copy of the Software.

3.2 You are not permitted to:

  • Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things.

  • Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose.

  • Allow any third party to use the Software on behalf of or for the benefit of any third party.

  • Use the Software in any way which breaches any applicable local, national or international law.

  • Use the Software for any purpose that Vochlea considers is a breach of this EULA.

  • Use the Software on more than one computer at the same time.

4. Terms of use for the Forum

By using the Forum you acknowledge and agree that you are solely responsible for any content that you post, and for any and all activity that occurs under your account (even if such content is posted by someone else using your account).

You further acknowledge and agree that your activities in connection with the Forum do not, and will not:
We will not, under any circumstance, be liable in any way for any content, including, but not limited to, any errors or omissions in any material or content, or any loss or damage of any kind that you incur as a result of your use of, or your acting in reliance on, any material or content posted, e-mailed, transmitted, or otherwise made available in the Forum or more generally in the Service.
We may, but have no obligation to:

  • Violate, infringe, or misappropriate any third party's intellectual property right, right of privacy or publicity.

  • Contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.

  • Monitor or moderate any material or content posted in the Forum;

  • Restrict access to any part of the Service at any time in our sole discretion andwithout advance notice.

  • Restrict access to any part of the Service at any time in our sole discretion and without advance notice.

5. Intellectual Property and ownership

5.1 Software

Vochlea shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (including the copyright, and other “Intellectual Property Rights” of whatever nature) are and shall remain the property of Vochlea.
All Intellectual Property Rights, title and interest in the Product, in all languages, formats and media throughout the world, are and will continue to be the exclusive property of Vochlea.  Vochlea reserves the right to grant licences for Software use to third parties.

5.2 Trademarks

The Company trademarks, including but not limited to names and logos, are the property of Vochlea. You are not permitted to use the trademarks without the prior written consent of Vochlea.

5.3 Copyright

The Software, Services and all materials produced by Vochlea relating to its use, including but not limited to tutorials, FAQs and troubleshooting guides (“Accompanying Documentation”), are protected by the copyright laws of the United Kingdom and other countries. Vochlea retains all Intellectual Property Rights in the Software, the Services and its associated content.

5.4 Your Content

If you are an individual User, then you own all right, title, and ownership to “Your Content”. Vochlea claim no ownership of artistic output(s) created using our Software.

6. Use of data

We are committed to respecting your privacy and protecting your data. As part of that commitment we aim to ensure full transparency of our data handling practices and of the ways in which you can control your information.

By agreeing to this EULA you are also agreeing to our full Privacy Policy (located at vochlea.com/legals/privacy-policy).
For convenience, listed below is section 3.3 (3.3 Our Products and Services) of the Privacy Policy relating directly to the Software:

During the process of registration, unlocking, licence validation, logging in, Product updates or upgrades, and during the provision of technical support, Vochlea may collect and use personal and technical information (“Usage Data”) for the improvement of our Products and Services, Product maintenance, and for the validation of adherence to our EULA.

Training Data Sharing
On first use of the Software a User is given the option to permit “Training Data” sharing with Vochlea. Training Data is the discrete data created when training a new trigger or when recording input pitch for note fixing using the note collector.
The purpose of such data collection is for the improvement of the Software. Any Training Data, provided to the Company will always be stored and used with anonymity and in accordance with applicable governing law.
We do not capture, log or record any vocal or microphone data outside of the two training processes (adding a trigger and restricting notes using the note collector).
A User can change their preference for sharing Training Data at any time within the Software by using the following process:
Green indicates data sharing is on.
Red indicates data sharing is off.
[Note you may be asked to log out and log back in, in order to change the status of your Training Data sharing preference.]

--- 3.3 Our Products and Services // Privacy Policy Extract

  1. Open Dubler. In the top right-hand corner of Dubler application click on the user icon.

  2. In the user pop up - click on the toggle switch next to “Training Data Sharing”

To the extent Vochlea will process personal data, both in the provision of Services and Products, it will comply with its obligations under applicable data protection law and GDPR.

Please read the full Privacy Policy (located at vochlea.com/legals/privacy-policy)  for more information on:

  • What information we collect and how we use it

  • What information is shared and how

  • How you can control your information

  • Processing information

  • Third party websites

7. Limited warranty

The Software, Services and accompanying documentation are provided on an “as is” and “as available” basis without warranty - express or implied - of any kind. No oral or written advice given by Vochlea, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty.

Vochlea makes no warranty that the Product or your ability to use it will be uninterrupted or error-free.
For more information on the statutory warranty for the Dubler microphone please visit the Vochlea Terms and Conditions page at vochlea.com/legals/terms-and-conditions.

8. Limited liability

Vochlea or anyone else who has been involved in the creation, production, or delivery of the Software or Services cannot be liable for, and shall not pay any amount of incidental, consequential, direct or indirect damages.

9. General provisions

9.1 Consent to update Terms

Vochlea may require you to consent to updated Terms before further use of the Software is permitted. Otherwise, your continual use of the Software or Services, constitutes your acceptance of the changes.

9.2 Notice

Vochlea may provide you with notices, including those regarding changes to Terms, by email, postings on or within the Services, within the Software, or other reasonable means now known or hereafter developed.

9.3 Product modifications

Vochlea may modify or discontinue, temporarily or permanently, the Product, the Services or any portion thereof, with or without notice. You agree that Vochlea shall not be liable to you or anyone else if we do so.

9.4 Requirement for an active internet connection

In order to download the Software, to download subsequent Software updates and, from time-to-time, to validate your licence, it will be necessary for you to have an active internet connection. However, during normal use of the Software, when the User licence is known to be valid, an active internet connection will not be required.

9.5 Errors, inaccuracies and omissions

Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

10. Termination

This EULA is effective from the date you first use the Software or Services and shall continue until terminated. You may terminate it at any time upon written notice to Vochlea.

It will also terminate immediately if you fail to comply with any term of this EULA.

Upon termination, the licenses granted by this EULA will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA.

11. Governing law

This EULA, and any dispute arising out of or in connection with this EULA, shall be governed by and construed in accordance with the laws of the United Kingdom.