(Beatskillz Plugins LLC – Irvine, CA)
The End User License Agreement (“License Agreement”) is a contract between you, either an individual or a single entity, and Beatskillz Plugins LLC (“Licensor”), an American corporation, regarding the use of the accompanying software (“Software”).
Please read through this Agreement carefully before installing and using the Software.
BY ACCEPTING THIS AGREEMENT OR by installing and/or using the Software (THE EARLIEST OF SUCH ACTS CONSTITUTING THE EFFECTIVE DATE OF THIS AGREEMENT), you agree to be bound by the terms and conditions of this Agreement. Should you not accept the terms and conditions set forth in this Agreement, do not install the Software and delete the Software from your computer and any copies thereof.
- The Software may not be used without a software license key. You may purchase a software license key from the Licensor at the terms and conditions from time to time applied by the Licensor, which entitles you to use the Software on a perpetual basis (“Perpetual License”). You may also receive a temporary software license key which is intended to give you an opportunity to test and evaluate the Software (“Evaluation License”). Such Evaluation License is provided at the terms and conditions from time to time applied by the Licensor. Please note that you are responsible for the software license key received, and the Licensor will not replace any lost software license keys.
- The Licensor and/or its licensors own all copyrights in and to the Software. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Any and all intellectual and other property rights to and in the Software vest in and shall remain vested in the Licensor or its licensors. The Software is licensed, not sold.
- Title and copyrights in and to the Software (including any images, photographs, animations, video, audio, music, and text incorporated into the Software), accompanying printed materials, and any copies End-Users are permitted to make herein are owned by the Licensor or its licensors.
- No right, title, or interest in or to any trademark, service mark, logo, or trade name of the Licensor or its licensors is granted to End-Users.
- The End-User is granted a non-exclusive and non-transferable right to use the Software.
- The End-User may not copy or reproduce the Software. The End-User may not transfer, sell, distribute, lend, rent, lease or dispose of the Software or any derivative work of the Software, directly or indirectly, in any other way.
- The End-User may not alter or modify the Software and may not analyze, reverse engineer, decompile, or disassemble the Software or any part of the Software, incorporate the Software into any other application software, or print out the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- The End-User may use the Software for only as many simultaneous users, servers, or other limiting parameters as are set out in the instructions of the Licensor according to the Agreement or otherwise.
- The Software is installed on computer(s)/server(s) according to what is set forth in the agreement with the Licensor.
- The Software can have undetected bugs, which once detected will be cleared or updated. Please use the software with careful and sensible volume levels. Any distortion, spikes, or jumps while changing parameters can damage the user’s equipment. The Licensor is not liable for any damage to the user’s equipment beyond the price they paid for the software.
- Except as provided for the Evaluation License, the license will continue until it is terminated. The Licensor may terminate the license if you fail to comply with the terms of this Agreement. You may terminate the license at any time and for any reason. Upon termination by either party, you must delete the Software from your computer and any copies thereof.
- The Licensor warrants the media on which the Software is recorded to be free from defects in material and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by a copy of the receipt. The Licensor’s entire liability and your exclusive remedy will be the replacement of the media not meeting the Licensor’s limited warranty and which is returned to the Licensor or an authorized representative of the Licensor with a copy of the receipt. The Licensor will have no responsibility to replace any media damaged by accident, abuse, or misapplication.
- The Software is provided strictly “AS IS,” without warranty of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. THE LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE INTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, THE LICENSOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.NOR ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE LICENSOR OR AN AUTHORIZED REPRESENTATIVE OF THE LICENSOR SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT THE LICENSOR OR AN AUTHORIZED REPRESENTATIVE OF THE LICENSOR) ASSUME THE JURISDICTIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- NEITHER THE LICENSOR NOR ITS LICENSORS SHALL BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU OR ANY THIRD PARTY AS A RESULT OF USE OR INABILITY TO USE THE SOFTWARE. IN NO EVENT WILL THE LICENSOR NOR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR ANTICIPATED SAVINGS, DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE LICENSOR’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO THE LICENSOR FOR THE SOFTWARE LICENSE KEY.
- This Agreement shall be governed and construed in accordance with the laws of the United States of America.
© Beatskillz Plugins LLC. All Rights Reserved