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End User License Agreement (EULA)

End User License Agreement (EULA)

Effective Date: 04/09/2022

This End User License Agreement (“Agreement”) is a legal agreement between Soundware, Inc. (“Company”, “We”, “Us”, “Our”) and You (“User”, “You”, “Your”) for the use of Soundware Store software, including but not limited to the Octane VST Plugin and any other related software (the “Software”). By downloading, installing, or using the Software, You agree to be bound by the terms of this Agreement. If You do not agree, do not install, access, or use the Software.

1. License Grant

1.1 Limited License:
Soundware grants You a non-exclusive, non-transferable, revocable license to install and use the Software for personal or commercial music production purposes, subject to the terms of this Agreement.

1.2 Restrictions:
You may not:

  • Modify, reverse-engineer, decompile, or attempt to derive the source code.
  • Resell, rent, lease, sublicense, or distribute the Software.
  • Use the Software for illegal purposes or in violation of copyright laws.
  • Use the Software in a manner that causes harm to Soundware or other users.

2. No Guarantee of Performance

2.1 “As Is” Disclaimer:
The Software is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied. Soundware makes no guarantees regarding:

  • Compatibility with all systems or DAWs.
  • Error-free operation or uninterrupted service.
  • Suitability for any specific music production need.

2.2 No Obligation to Fix Bugs or Provide Updates:
While We strive to improve Our products, Soundware is not obligated to provide fixes, updates, or enhancements. Any updates released are at Our sole discretion.

3. Disclaimer of Responsibility for User-Generated Content

3.1 No Liability for Stems, Music Files, or Lost Data:
Soundware is not responsible for any stems, production files, or other user-generated content created or modified using the Software. Users are solely responsible for:

  • Managing and backing up their files.
  • Ensuring the security and integrity of their music projects.
  • Resolving any data loss issues independently.

3.2 Software is a Tool, Not a Music Creator:
The Software is a tool to assist with music production, but it does not create music for the user. Any issues related to personal production are not the responsibility of Soundware.

4. Ownership and Intellectual Property

4.1 Software Ownership:
All rights, titles, and interests in the Software remain the property of Soundware. You are granted a license to use the Software, but You do not own it.

4.2 User Content Ownership:
While You retain ownership of music created using the Software, You do not acquire ownership of any intellectual property contained within the Software itself.

5. Limitation of Liability

5.1 No Liability for Damages:
To the maximum extent permitted by law, Soundware is not liable for:

  • Loss of revenue, profits, or data.
  • Issues arising from using or being unable to use the Software.
  • Any claims related to lost or damaged music files.

5.2 Cap on Liability:
If liability is established despite this Agreement, Soundware’s total liability shall not exceed the total amount paid by the User for the Software.

6. Refunds & Warranty Disclaimer

6.1 No Refunds:
All sales of Software are final unless otherwise stated in Soundware’s Refund Policy. Once purchased, the Software cannot be returned or refunded.

6.2 No Warranties:
Soundware does not warrant that:

  • The Software will meet Your expectations.
  • The Software will be free from defects or bugs.
  • The Software will function without compatibility issues.

7. Dispute Resolution & Arbitration

7.1 Mandatory Arbitration:
Any disputes arising from this Agreement shall be resolved through binding arbitration under the rules of the American Arbitration Association.

7.2 No Class-Action Lawsuits:
Users waive the right to file class-action lawsuits against Soundware.

7.3 Governing Law:
This Agreement shall be governed by the laws of the United States.

8. Termination

Soundware reserves the right to terminate this Agreement and revoke Your license if:

  • You violate any of these Terms.
  • You attempt to modify, resell, or misuse the Software.

Upon termination, You must immediately delete the Software from all devices.

9. Changes to This Agreement

Soundware may update this EULA at any time. Continued use of the Software after changes signifies Your acceptance of the revised terms.

10. Contact Information

For questions regarding this Agreement, please contact:
📧 [email protected]