The intention behind Per Sonum is simple: make something. Experiment. Perform. Record. Transform sound into pictures. What you create with it remains yours, subject to the rights of anyone whose material you choose to use.

1. The Software

Per Sonum: The Sound Unbound ("Per Sonum", "the software" or "the app") is creative software for producing music-reactive visuals, recordings and related creative output.

You may use the software for personal, artistic, educational and commercial creative work, subject to these terms.

Unless expressly stated otherwise, these terms do not transfer ownership of the software itself, its source code, branding or other proprietary elements to you.

2. Your Music, Images and Other Material

You are responsible for anything you load into, play through, display through or otherwise use with Per Sonum.

This includes music, recordings, samples, performances, photographs, artwork, images, logos, video and any other material supplied by you or obtained from another source.

By using material with Per Sonum, you confirm that you either:

• own the necessary rights in that material; or
• have obtained all permissions, licences and other rights required for the way you intend to use it.

You are responsible for determining whether permission is required.

Per Sonum does not grant you rights in third-party music, recordings, images, performances or other material merely because the software is capable of processing them.

3. Copyright and Other Third-Party Rights

You must not use Per Sonum to create, publish, distribute, perform, sell or otherwise exploit material in a way that infringes copyright, performers' rights, trademarks, privacy rights, publicity rights or any other rights belonging to another person.

You are solely responsible for obtaining any licences, releases, clearances or permissions required for your use.

This may include, where applicable, permission relating to:

• musical compositions;
• sound recordings;
• samples;
• performances;
• photographs and artwork;
• trademarks and logos;
• people appearing in supplied images or other media.

Per Sonum does not provide copyright clearance, legal clearance or licensing advice.

4. Your Creations

Subject to any rights that already exist in material you use, Per Sonum claims no ownership over the recordings, renders, performances, edits, compositions, images or other creative works you produce using the software.

What you make with Per Sonum is yours.

However, using Per Sonum does not give you ownership of material belonging to somebody else. Your rights in a finished work remain subject to any underlying rights in the music, images, recordings or other material incorporated into it.

5. Included Media

Per Sonum may include music, artwork, images, lyrics or other original creative material supplied with the software ("Included Media"), including material provided specifically for demonstration, experimentation and creative use within the app.

You are granted a worldwide, royalty-free, non-exclusive licence to use, copy, adapt, remix, synchronise, display, perform, distribute and publish the Included Media, including commercially and as part of works created using Per Sonum, subject to the attribution requirements below.

You may transform it, reproduce it through the fractal and visual systems, record the results, combine it with your own work and publish what you create.

Attribution

If you use or publish the supplied song The Sound Unbound, you must provide a reasonably visible credit stating:

Song by Per Sonum

If you use or publish the lyrics separately, without using the supplied recording of the song, you must provide a reasonably visible credit stating:

Written by Kagani Ko

Only the credit that applies to your use is required.

The credit may appear in a video description, accompanying text, liner notes, credits, publication information or another location reasonably associated with the work. It does not need to be incorporated directly into the visual output.

Non-Exclusive Use

Your rights in the Included Media remain non-exclusive.

You must not claim exclusive ownership of the underlying Included Media or do anything that would prevent Per Sonum or another permitted user from using the same material.

In particular, you must not register the Included Media, or a substantially unchanged version of it, with Content ID, automated copyright-enforcement services, rights-management systems or similar services in a way that could cause claims, blocks, takedowns, monetisation claims or other restrictions against Per Sonum or other permitted users.

You may claim rights in your own original contributions and in the creative work you build around the Included Media. Those rights do not give you exclusive control over the underlying material supplied with Per Sonum.

The intention is simple: use it, transform it, perform with it and make something of your own. Credit where it came from, and don't close the door behind you.

6. Responsibility for Published Work

You are responsible for anything you publish, distribute, stream, perform, upload, sell or otherwise make available after creating it with Per Sonum.

You are also responsible for complying with the rules of any platform, broadcaster, venue, distributor, streaming service or other third party through which you make your work available.

Per Sonum does not guarantee that material accepted by the software is legally suitable for publication or commercial use.

The technical ability to use a file is not permission to use it.

7. Claims From Rights Holders

If a copyright owner, performer, photographer, artist, platform, collecting society or other third party makes a claim concerning material that you supplied to or used with Per Sonum, responsibility for that claim remains with you.

To the fullest extent permitted by law, Per Sonum and its creator are not responsible for claims, losses, costs or damages arising from your unauthorised or unlawful use of third-party material.

You agree that Per Sonum's ability to process, react to, transform or record material does not constitute a representation that you have the legal right to use that material.

8. Indemnity

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Per Sonum and its creator from claims, liabilities, losses, damages and reasonable costs arising from:

• material supplied or used by you;
• your infringement of another person's rights;
• your publication, distribution, performance or commercial use of output created with the software; or
• your material breach of these Terms of Use.

This section does not require you to indemnify Per Sonum for liability that cannot lawfully be excluded or transferred.

9. Software Provided "As Is"

Per Sonum is creative software and is provided on an "as is" and "as available" basis.

No guarantee is made that the software will:

• operate without interruption;
• be free from bugs or errors;
• work with every browser, device, codec, audio format, video format or hardware configuration;
• produce identical results between systems;
• successfully recover unfinished recordings or other work; or
• remain compatible with future browser or operating-system changes.

You should keep appropriate copies of work or source material that matters to you.

10. Creative and Technical Results

Music analysis, beat detection, musical interpretation, visual reactions, automatic direction, encoding, rendering and similar functions are creative and technical processes rather than guarantees of objective accuracy.

Per Sonum may interpret a piece of music differently from a human musician or from other analysis software.

That is part of the instrument.

11. Limitation of Liability

To the fullest extent permitted by applicable law, Per Sonum and its creator will not be liable for indirect, incidental, special or consequential loss arising from your use of, or inability to use, the software.

This includes, where legally permitted, loss arising from:

• lost or unusable recordings;
• lost creative work;
• lost profits or revenue;
• missed performances or publication opportunities;
• compatibility problems;
• third-party copyright or intellectual-property claims;
• platform restrictions or takedowns; or
• decisions made on the basis of the software's analysis or output.

Nothing in these terms excludes or limits liability where doing so would be unlawful.

12. No Professional or Legal Advice

Nothing in Per Sonum, its documentation or these terms should be treated as legal advice regarding copyright, licensing or any other legal matter.

If you are unsure whether you have permission to use a particular recording, composition, image or other work, obtain appropriate advice or permission before publishing or commercially exploiting it.

13. Fair Use of the Software

You may use Per Sonum freely for legitimate creative purposes.

You must not deliberately use the software to infringe another person's rights, impersonate another person, misrepresent ownership of material or interfere with the lawful use of Included Media by others.

14. Changes to the Software or These Terms

Per Sonum may be updated, changed or discontinued, and these terms may be revised from time to time.

The version of the terms presented with the version of the software you are using applies to that version unless applicable law requires otherwise.

15. Severability

If any part of these terms is found to be invalid or unenforceable, the remaining provisions continue to apply to the fullest extent permitted by law.

16. Governing Law

These Terms of Use are governed by and construed in accordance with the laws of England and Wales.

Any dispute arising from or relating to these terms or the use of Per Sonum will be subject to the jurisdiction of the courts of England and Wales, except where applicable consumer law gives a user the right to bring proceedings elsewhere.

The Short Version

Use Per Sonum to make things.
Your work remains yours.
The supplied demo material is there for you to use, including commercially.

If you use The Sound Unbound, credit:
Song by Per Sonum

If you use only the lyrics separately, credit:
Written by Kagani Ko

Nobody gets to lock everybody else out of the supplied material.

If you bring somebody else's music, pictures or other material into the app, make sure you have the right to use it.

Per Sonum is the instrument. What you choose to put through it, and what you choose to publish afterwards, is your responsibility.