Software EULA

BIGGIE BOY AUDIO LLC SOFTWARE END USER LICENSE AGREEMENT Agreement Version: 2 Document Revision: 2.0 IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY. This End User License Agreement ("Agreement") is a legal agreement between you and Biggie Boy Audio LLC ("Biggie Boy Audio," "we," "us," or "our"). "Software" means the Biggie Boy Audio software product with which this Agreement is provided, together with its audio plug-ins, application components, documentation, updates, and related materials that we provide. By selecting "I have read and agree to the EULA" and continuing, or by installing or using the Software after being presented with this Agreement, you affirmatively agree to be bound by it. If you accept this Agreement for a company or other organization, you represent that you have authority to bind that organization, and "you" includes that organization. If you do not agree, do not install, activate, or use the Software. 1. LICENSE GRANT Subject to this Agreement, payment of any applicable fees, and the license entitlement issued or otherwise provided to you, Biggie Boy Audio grants you a limited, non-exclusive, revocable, non-sublicensable license to install, activate, and use the Software in object-code form on computers that you own or control, up to the activation quantity authorized by that entitlement. The authorized activation quantity may vary by product, license type, promotion, customer, or other terms associated with the entitlement. The activation quantity shown in your purchase record, account, license documentation, activation response, or other written authorization from Biggie Boy Audio is part of the license grant. It does not create separate ownership of the Software or permit different people to share a license unless Biggie Boy Audio expressly authorizes that use. You may use the Software for personal and commercial music, audio, video, broadcast, game, film, live-performance, and other lawful production work. Audio or other content that you create using the Software belongs to you or the applicable rights holder. Biggie Boy Audio does not claim ownership of your productions merely because the Software was used to create them. You may make a reasonable number of backup copies solely for archival and recovery purposes. All copies remain subject to this Agreement. 2. ACTIVATION AND ACCOUNT RESPONSIBILITY The Software may require a valid license key and online activation. Activation may transmit the license key, product identifier and version, a machine identifier, platform, build information, request type, and an optional machine label to Biggie Boy Audio's activation service. The activation service may return and enforce entitlement information, including the authorized activation quantity, license status, license type, and any applicable expiration or product restrictions. Our handling of personal information is governed by the Privacy Policy made available on our website. You are responsible for safeguarding your license key and activation credentials. You may not publish, sell, share, or provide them to another person except as part of a transfer expressly authorized by Biggie Boy Audio. Activation limits are used to enforce the installation rights granted above. Biggie Boy Audio may increase, reduce, reset, revoke, or otherwise administer an activation quantity when authorized by the applicable license terms, a promotion, a refund or charge reversal, suspected fraud or abuse, termination of the license, or an agreement with the license holder. Biggie Boy Audio will not reduce the activation quantity of a fully paid perpetual license below the quantity promised at purchase except where necessary to remedy fraud, abuse, a refund or charge reversal, a breach of this Agreement, or where required by law. 3. RESTRICTIONS Except to the extent a restriction is prohibited by applicable law, you may not: a. copy the Software except as expressly permitted by this Agreement; b. distribute, sell, sublicense, rent, lease, lend, share, host, or otherwise make the Software or a license key available to another person; c. reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to derive the Software's source code, underlying algorithms, or non-public technical information; d. modify, translate, adapt, or create derivative works of the Software; e. remove or alter copyright, trademark, attribution, or other proprietary notices; f. bypass, disable, tamper with, or interfere with activation, copy protection, security, or usage-limiting features; or g. use the Software or any included materials in violation of applicable law or the rights of another person. Nothing in this Agreement restricts rights that applicable law expressly provides cannot be waived, including any legally protected right to achieve interoperability. 4. OWNERSHIP The Software is licensed, not sold. Biggie Boy Audio and its licensors retain all right, title, and interest in the Software, including all copyrights, trademarks, trade secrets, and other intellectual property rights. No rights are granted except those expressly stated in this Agreement. The Software may contain third-party components governed by separate notices or license terms. Those terms apply to the corresponding components and will control if they conflict with this Agreement. 5. TRIAL, BETA, EDUCATIONAL, PROMOTIONAL, AND NFR LICENSES If the Software is provided on a trial, beta, educational, promotional, review, affiliate, or not-for-resale ("NFR") basis, additional limitations communicated with that license also apply. Trial and time-limited licenses expire at the end of their authorized period. Beta software may be incomplete, unstable, or changed before release and is provided for evaluation and testing. NFR and other no-fee licenses are personal, non-transferable, and may not be resold, assigned, exchanged, or bundled with other goods or services. Their activation quantities may differ from paid licenses and from other promotional licenses. Biggie Boy Audio may change the activation quantity or revoke such a license as permitted by applicable law and any additional terms supplied with it. Reviewers, affiliates, and endorsers are responsible for making disclosures required by applicable advertising laws, platform rules, and industry standards. 6. UPDATES, UPGRADES, AND SUPPORT Biggie Boy Audio may provide updates, upgrades, fixes, or modified versions of the Software. Unless separate terms accompany them, they are part of the Software and governed by this Agreement. This Agreement does not guarantee that any update, upgrade, feature, compatibility change, or support service will be provided. An upgrade identified as a separately purchased product may require an additional license or fee. 7. TERM AND TERMINATION This Agreement continues until terminated. Your rights under it terminate automatically if you materially violate Sections 1, 2, 3, or 4. For another material breach, Biggie Boy Audio may terminate this Agreement if you do not cure the breach within thirty (30) days after written notice. Upon termination, you must stop using and delete all copies of the Software in your possession or control. Sections that by their nature should survive termination, including ownership, warranty disclaimers, liability limitations, and general legal provisions, will survive. 8. DISCLAIMER OF WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS. BIGGIE BOY AUDIO AND ITS LICENSORS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND RESULTS. BIGGIE BOY AUDIO DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, COMPATIBLE WITH EVERY HOST OR SYSTEM, OR THAT EVERY DEFECT WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS A WARRANTY, REMEDY, OR CONSUMER RIGHT THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED. 9. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIGGIE BOY AUDIO AND ITS LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, PROJECT FILES, AUDIO, OR USE, ARISING OUT OF OR RELATING TO THE SOFTWARE OR THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF BIGGIE BOY AUDIO AND ITS LICENSORS ARISING OUT OF OR RELATING TO THE SOFTWARE OR THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE GIVING RISE TO THE CLAIM. THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. 10. EXPORT AND SANCTIONS COMPLIANCE You must comply with applicable export-control, import, and economic-sanctions laws when downloading, accessing, or using the Software. You represent that you are not prohibited from receiving the Software under those laws. 11. ASSIGNMENT You may not assign or transfer this Agreement or the license without Biggie Boy Audio's prior written authorization, except where applicable law gives you a non-waivable transfer right. Biggie Boy Audio may assign this Agreement as part of a merger, reorganization, sale of assets, or transfer of the Software business. 12. GOVERNING LAW This Agreement is governed by the laws of the State of Texas, without regard to conflict-of-law principles. This choice of law does not deprive a consumer of mandatory protections provided by the law of the consumer's place of residence. Any dispute that may lawfully be made subject to an exclusive forum will be brought in a state or federal court with jurisdiction in Texas, and each party consents to that court's jurisdiction. This paragraph does not restrict rights that applicable consumer law permits to be exercised in another forum. The United Nations Convention on Contracts for the International Sale of Goods does not apply. 13. GENERAL TERMS This Agreement and any additional terms expressly supplied with a particular license constitute the entire agreement concerning the Software and supersede prior or contemporaneous communications on that subject. If a provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain effective. A failure to enforce a provision is not a waiver. Headings are for convenience only. Biggie Boy Audio may revise this Agreement for future versions of the Software. If a revision materially changes the terms governing a license you already hold, you will be asked to review and affirmatively accept the revised agreement before it applies to your continued use. 14. CONTACT Biggie Boy Audio LLC Website: https://biggieboyaudio.com/ Support: support@biggieboyaudio.com