End-user license agreement (EULA) for PlugIn software
Please read this document fully before installing and using ToneBoosters software. This agreement licenses the enclosed software to you and contains warranty and liability disclaimers.
By downloading, installing or using ToneBoosters software, you confirm to have taken notice of all clauses in this agreement and you acknowledge your acceptance of the software as well as your acceptance of the terms of this agreement. If you do not wish to do so, promptly delete the software from all storage media that you may have.
§ 1 Object of the Agreement
The object of this agreement is a plugin effect module, herinafter described as ‘PlugIn’. ToneBoosters.com is the holder of all copyrights, rights of ownership, and other rights concerning the PlugIn.
§ 2 Granting of Rights
ToneBoosters.com hereby grants to the Licensee a non-exclusive license during the term of this agreement to use the PlugIn solely for the processing of audio or music material. Without written confirmation of ToneBoosters.com, the Licensee has no permission to sell, licence, give-away and/or distribute the PlugIn or parts of it in any way, 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, or reverse-engineering any products based upon this specification.
§ 3 License transfers
A PlugIn license designated as “educational”, “EDU”, “Not for Resale”, “Demo”, “beta” or “NFR” is not transferrable.
One or more registered license(s) can only be transferred from the party relinquishing the license(s) (the transferor) to the party receiving the license(s) (the transferee) after payment of the applicable transfer administration fee, AND after ToneBoosters has received the required contact details (full name and valid email address) of both the transferor and transferee.
If a licensee has upgraded a PlugIn from version A to version B by acquiring an upgrade license, the license of version A is not transferrable unless combined with the license for version B in one single license transfer (e.g. version A and version B are both transferred from one licensee (the transferor) to the party receiving both licenses (the transferee).
Multiple licenses can be transferred from one transferor to one transferee in one single license transfer transaction. The transfer of multiple licenses from one transferor to two or more transferees requires an individidual license transfer request for each individual transferee, including payment of the transfer administration fee for each individual transfer.
PlugIn license transfers from transferors who have already acted as transferor of the same product in the past are not allowed; customers may transfer a particular product to a new licensee only once.
§ 4 Liability for Consequential Damages
ToneBoosters.com will not be liable for any consequential, special, incidental, direct or indirect damages of any kind, including the loss of data, damage of data-storage-devices, or any loss or damage to other programs being used, arising out of the use of the Licensed PlugIn or any software developed by the Licensee, including any future up-dates.
§ 5 Product Warranty
ToneBoosters.com licences the PlugIn on an ‘AS IS’ basis. ToneBoosters.com makes no warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose, regarding the PlugIn or operation and use in combination with the Licensee’s program. Neither the Licensee, its employees, agents, or Distributors have any right to make any other representation, warranty or promise with respect to the PlugIn. In no event shall ToneBoosters.com be liable for incidental or consequential damages arising from the use, or distribution of the PlugIn by the Licensee, whether theory of contract, product liability or otherwise. All claims for indemnification for losses by the Licensee itself or by third parties shall be excluded. ToneBoosters.com may release improved versions of the PlugIn but offers no commitment whatsoever that such releases will occur at anytime or for anybody. ToneBoosters is not liable and makes no warranties for software updates introduced by third parties, such as vendors of plugin hosts, digital audio workstation software, computer operating systems, and alike.
§ 6 Term of the Agreement
The Agreement shall in principle run for an unlimited period. If the Licensee is in breach of any of its obligations set out in this agreement, ToneBoosters.com shall be entitled to terminate this agreement immediately in writing and inform the Licensee verbally about it. In such a case, this license and all the rights granted to the Licensee herein shall immediately cease.
§ 7 Refunds
ToneBoosters.com PlugIns can be trialed and tested for an unlimited period of time. For this purpose, ToneBoosters provides free trial versions for all PlugIns for prospective licensees to reassure that the PlugIn(s) are working properly on their computer(s) before acquiring a license. In the highly unlikely event that the free trial version of a PlugIn functions differently from a licensed PlugIn in an unexpected manner, a refund can be requested but only within 14 days of purchase of the license. Refunds can be accepted if and only if that license is a registered license obtained from ToneBoosters directly or through an authorized reseller. No refunds will be granted by ToneBoosters for licenses that have ever been transferred from one licensee to another licensee.
VST is a trademark of Steinberg Media Technologies GmbH.