This End User License Agreement ("Agreement") is between you and AVESTEIN ("AVESTEIN", "we", "us"). It covers AVESTEIN audio plugins, the standalone applications that come with them, AVESTEIN Connect, and their updates and documentation (together, the "Software"). By buying, installing or using the Software you agree to this Agreement. If you don't agree, don't install or use the Software.
1. The license
The Software is licensed, not sold. When you buy a license, or we give you one, AVESTEIN grants you a non-exclusive, non-transferable license to install and use the Software, for your own personal or commercial audio work, on up to three (3) computers at a time that you own or control, unless the license says otherwise.
- Perpetual licenses. A license you buy doesn't expire. It includes the updates we publish for that product, unless we clearly sell a later version as a separate product.
- Time-limited licenses. Licenses we give away (for example to testers, friends or the press) can have an end date. The Software stops being registered on that date.
- Free trials. You may try the Software free for 3 days, on one computer, to evaluate it. Each person and each computer may have one trial of each product; trials are limited by account, computer and internet connection, and getting more than one by any other means is not allowed. Without a license or a running trial, the Software does not process audio.
- Your work is yours. Audio you create with the Software belongs to you. There are no royalties.
2. Activation and online checks
A license is activated with a license key. Activation links the key to a computer using an identifier derived from that computer's hardware, and is limited to three computers per key. Registered copies occasionally contact avestein.com to confirm the license is still valid; working offline is fine. You can free a computer slot by deactivating the Software on it or in your account. If you can't, you can request a refill of your computer slots in your account; we approve these at our discretion, automatically for the first request in any three months. See our Privacy Policy for what activation sends.
3. What you may not do
- Share, publish, sell, rent, lend or give away your license key or license files, or let others use them.
- Use the Software on more computers than your license allows.
- Copy or distribute the Software, except for backup copies for your own use.
- Remove, bypass, disable or tamper with the license checks or the trial limits, or use a "cracked" or modified copy.
- Reverse engineer, decompile or disassemble the Software, except to the extent that applicable law expressly allows it despite this restriction.
- Remove copyright or other notices, or use AVESTEIN's names and logos without permission.
4. Transfers
Licenses can't be transferred to another person without our written permission. Email [email protected] if you want to transfer a license; we may ask both parties to confirm.
5. Ownership
AVESTEIN and its licensors own the Software and all intellectual property in it. Everything not expressly licensed to you is reserved. The Software includes third-party components (for example the SADIE II head-related transfer function data, licensed under the Apache License 2.0); their notices come with the Software and their own licenses apply to them.
6. Ending the license
This Agreement lasts until it ends. It ends automatically if you break it, and we may revoke the license key of a purchase that is refunded or reversed (for example by a chargeback), or a key that was shared or obtained fraudulently. When it ends, you must stop using the Software and delete it. Sections 5, 7, 8 and 10 survive.
7. No warranty
The Software is provided "as is" and "as available". To the fullest extent the law allows, AVESTEIN disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We don't promise that the Software is error-free or will work with every computer, host or operating system. Please try it free for 3 days before you buy. Some places don't allow these exclusions, so some of them may not apply to you.
8. Limitation of liability
To the fullest extent the law allows, AVESTEIN is not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, data, audio, or business, arising from the Software or this Agreement, even if we were told they were possible. Our total liability is limited to the amount you paid for the license concerned. Nothing in this Agreement limits liability that can't be limited by law, such as for death or personal injury caused by negligence, or for fraud.
9. Updates and changes
We may update the Software, and these terms, from time to time. The terms in force when you buy apply to that purchase; if we change them, we'll post the new version here with a new effective date, and continuing to use new versions of the Software means you accept them.
10. General
This Agreement is governed by the laws of the place where AVESTEIN is established, without regard to conflict-of-laws rules, except where the law of the country you live in gives you consumer protections that can't be waived; those still apply. If any part of this Agreement can't be enforced, the rest stays in effect. This Agreement, the Refund Policy and the Privacy Policy are the whole agreement between you and AVESTEIN about the Software.
Contact
Questions about this Agreement: [email protected].