END-USER LICENSE AGREEMENT (EULA)
IMPORTANT! PLEASE READ CAREFULLY :
This End-User License Agreement ("Agreement") is a legal agreement between KAGEMUSICKOREA ("We," "Us," "Our," or "KAGEMUSICKOREA") and the individual or entity ("You" or "Your") who downloads, installs, or uses the Licensed Materials (defined below). BY INSTALLING OR USING THE LICENSED MATERIALS, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, IMMEDIATELY CEASE ALL USE OF THE LICENSED MATERIALS AND DELETE THE PRODUCT.
1. DEFINITIONS
"Licensed Software"means the software product provided by KAGEMUSICKOREA under this Agreement, including all executable programs, plugins, related documentation, and any updates or upgrades thereto.
"Licensed Library"means all audio waveforms, samples, presets, or other audible data provided by Us for use within or in conjunction with the Licensed Software.
"Licensed Materials"collectively refers to the Licensed Software and the Licensed Library.
"Services"means any online or offline services provided by Us in relation to the Licensed Materials.
2. GRANT OF LICENSE AND RESTRICTIONS
We grant You a personal, revocable, non-transferable, and non-exclusive license to install and use one (1) copy of the Licensed Materials solely for Your lawful, personal use in accordance with this Agreement. This is a license for use, not a sale or transfer of ownership.
You may not misuse the Licensed Materials or infringe on Our intellectual property rights in any manner or by any means, including the following, without Our express written consent:
Distribution, Transfer, and Sharing Restrictions:The transfer, assignment, sale, exchange, rental, lease, lending, sharing, resale, sublicense, distribution, dissemination, disclosure, enabling access to, or other disposal or allowance of access to all or any part of the Licensed Materials (including copies thereof) to any third party by any means (including sale, gift, inheritance, collateralization, or any other legal act).
Technical Manipulation Restrictions:Reverse engineer, decompile, disassemble, attempt to extract the source code of, or in any way modify, translate, adapt, or create derivative works of the Licensed Software.
Security and Protection Circumvention Restrictions:Attempt to circumvent, remove, neutralize, or evade any copy protection, license verification, Digital Rights Management (DRM) system, activation mechanism, or other security measures contained within the Licensed Materials.
Library Reuse Restrictions:Using the contents of the Licensed Library (audio waveforms, samples, presets, etc.) for the purpose of inclusion, re-sample, embedment, extraction, or reuse in any other instrument, plugin, sample pack, sound library, or other similar form of product, whether free or commercial.
Commercial Use Restrictions:Using, reproducing, announcing, publishing, or making publicly available content such as individual vocals, loops, or melodies within the Licensed Library for any commercial purpose (including revenue-generating activities) without an appropriate commercial license.
You agree to take all reasonable measures to prevent any unauthorized use, copying, or distribution of the Licensed Materials.
3. TERMS OF USE
You may install the Licensed Software on a maximum of three (3) devices owned by You for personal use.
Use of the Licensed Materials in a shared, rented, or networked environment requires a written rental or site license from KAGEMUSICKOREA.
Evaluation or trial versions must be used for testing purposes only and may not be used for commercial production.
4. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
All copyrights, trademarks, trade names, and intellectual property rights in the Licensed Materials are the exclusive property of KAGEMUSICKOREA.
This Agreement does not transfer any ownership rights to You.
Unauthorized use of any part of the Licensed Materials constitutes copyright infringement and will be prosecuted to the fullest extent permitted by law.
5. TERMINATION
This Agreement is effective until terminated.
KAGEMUSICKOREA may terminate this license immediately and without notice if You fail to comply with any of the terms of this Agreement.
Upon termination, You must destroy all copies of the Licensed Materials and immediately cease all use.
Termination does not limit Our right to seek damages, injunctive relief, or any other legal remedies.
6. LEGAL ENFORCEMENT AND ANTI-PIRACY POLICY
KAGEMUSICKOREA enforces an Absolute Zero-Tolerance Policyagainst piracy, unauthorized distribution, modification, illegal use, and any other acts of infringement concerning its intellectual property, including both software and related content.
This policy is applied globally without exception or negotiation.
We continuously and proactively monitor the global online environment (including websites, servers, file-sharing platforms, marketplaces, and social media) and take immediate and direct legal action upon confirmation of any infringement.
Immediate Action
Upon confirmation of infringement, KAGEMUSICKOREA will promptly issue takedown requests and legal notices in accordance with the DMCAand the applicable copyright laws of each jurisdiction, directed to hosting providers, data centers, and cloud service operators, demanding the immediate removal and access restriction of the infringing material.
Legal Proceedings
Even a single verified act of infringement may result in immediate legal proceedings, including both civil and criminal actions, without prior warning or negotiation.All legal actions will be conducted in full compliance with applicable laws and due process within the relevant jurisdiction.
Legal Remedies
Comprehensive Damages:KAGEMUSICKOREA will seek full recovery for all direct and indirect losses, including lost revenue, attorney’s fees, and litigation costs, and may additionally claim punitive damages to the fullest extent permitted by law.
Recovery of Unjust Enrichment:We will pursue recovery of any profits, revenues, or assets obtained directly or indirectly from infringing acts, through lawful legal means.
Permanent Injunction:KAGEMUSICKOREA may request a court-issued permanent injunction to prevent further copying, distribution, or use of its software, content, or materials.
Public Disclosure of Judgment:Where legally permissible, court rulings and related findings may be made public to protect legitimate users and deter future infringement.
Protection of Legitimate Users:All genuine users, official resellers, and authorized distributors are expected to comply with this Agreement in good faith.
If KAGEMUSICKOREA’s creations are found within unauthorized communities, file-sharing services, or unapproved distribution websites, whether through illegal sharing, license circumvention, or redistribution, legal actions will be taken immediately to the maximum extent permitted under domestic and international law.
This is an essential defensive measure to protect the rights and interests of legitimate users and the creative ecosystem as a whole.
7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Licensed Materials are provided on an "AS IS" and "AS AVAILABLE" basis.
KAGEMUSICKOREA makes no warranties, express or implied, including but not limited to, warranties of merchantability or fitness for a particular purpose.
We shall not be liable for any indirect, incidental, or consequential damages (including loss of business, profits, or data) arising out of the use or inability to use the Licensed Materials, even if We have been advised of the possibility of such damages.
8. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Korea.
However, in the event that infringement or violation of this Agreement occurs outside the Republic of Korea,KAGEMUSICKOREA reserves the right to pursue parallel or independent legal action under the applicable local laws of the country or region where the infringement occurred.
The exclusive jurisdiction for all disputes arising under this Agreement shall be the Seoul Central District Court in the Republic of Korea.
Nevertheless, KAGEMUSICKOREA may also initiate proceedings in foreign jurisdictions where legally permissible, to ensure effective enforcement and protection of its rights.
9. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between You and KAGEMUSICKOREA concerning the Licensed Materials and supersedes all prior agreements or communications.
KAGEMUSICKOREA reserves the right to modify or update this Agreement at any time without prior notice.
Your continued use of the Licensed Materials constitutes Your acceptance of any such changes.