Terms of Use
END USER LICENSE AGREEMENT
IMPORTANT: This Soundbug ("Software") End User License Agreement ("EULA") is a legal agreement between you (either an individual or, if purchased for an entity, an entity) and Boom Audio Technologies, LLC. READ IT CAREFULLY BEFORE COMPLETING THE LICENSING PROCESS AND USING THIS SOFTWARE. It provides a license to use this software and contains warranty and liability disclaimers. BY DOWNLOADING OR INSTALLING THE SOFTWARE YOU ARE INDICATING YOUR FULL AND VOLUNTARY AGREEMENT TO THE TERMS OF THIS LICENSE. If you do not agree to all of the following terms, do not download or install the software or discontinue use immediately and delete all copies from your computer.
1. License Grants and Purchase:
1.1 Demo License. You may download and use the Software in Demo Mode for free. Boom Audio Technologies grants you a limited, non-exclusive and non-transferable license to copy and use the Software for evaluation purposes only. In Demo Mode, some features of the Software will be disabled.
1.2 Licensing. To enable the features that are disabled in Demo Mode and gain full access to the Software, you will need to purchase one of the license options. Options include the following:
a) Perpetual license: For a single fee, paid in advance, you will be able to use the Software indefinitely. You will also be entitled to free downloadable updates to the Software that are within the same major version release. For example, if you purchase version 1.0, you will be entitled to all updates with version number 1.x, where x could be any number. When version 2.0 of the Software is released, you will need to purchase an upgrade to a 2.0 license. At that time, version 1 may continue to function, and you are entitled to use it as long as it works. Note, however, that Boom Audio Technologies, LLC does not place any guarantees on the quality or functionality of older releases.
b) Subscription license: You can opt for a subscription license, which entitles you to free downloadable updates to any version of the Software, as long as the subscription is active. A variety of subscription plans are available, including, but not limited to, an annual subscription and a monthly subscription. If you choose a subscription plan your you are granting Boom Audio Technologies, LLC permission to automatically charge your payment method when the subscription period ends.
1.3 To Purchase a License. Licenses can be purchased at the following web address: http://www.boomaudiotechnologies.com.
1.4 Those interested in licensing Soundbug for any other purpose should contact Boom Audio Technologies, LLC at sales@boomaudiotechnologies.com.
1.5 License activations. A standard license, whether it is perpetual or a subscription, comes with three (3) activations. Boom Audio Technologies, LLC grants you permission to activate licenses on multiple computers that you are in possession of or otherwise use. Activations belong solely to the license owner and are non-transferrable.
1.6 Subject to the terms and conditions of this Agreement, you are granted a limited non-exclusive license to use the Software on one (1) computer at any given time. This License is not a sale of the Software or any other copy. Boom Audio Technologies, LLC retains title and ownership of the Software and documentation, including all intellectual property rights. No title to the intellectual property in the Software is transferred to you. You will not acquire any rights to the Software except as expressly set forth herein.
1.7 Boom Audio Technologies, LLC reserves the right within its sole discretion to modify the terms of its license for all future versions of Soundbug.
2. End User Support: Boom Audio Technologies, LLC provides limited support through email (support@boomaudiotechnologies.com), help documentation, and on the company web page (http://www.boomaudiotechnologies.com).
3. License Restrictions:
3.1 You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
3.2 You may not sell, rent, lease, sublicense, transfer, resell for profit or otherwise distribute the Software, its documentation, or any part thereof.
3.3 You may not modify the Software or create derivative works based upon the Software. However, you may develop, distribute, and sell plug-ins and extension software that interacts with Soundbug using supported technologies, provided that such activity does not conflict with any other provision of this Agreement.
3.4 You may not remove or obscure any copyright and trademark notices relating to the Software.
4. Ownership and Intellectual Property Rights: This Agreement gives you limited rights to use the Software. Boom Audio Technologies, LLC retains any and all rights, title and interest in and to the Software and all copies thereof, including copyrights, patents, trade secret rights, trademarks and other intellectual property rights. All rights not specifically granted in this Agreement, including International Copyrights, are reserved by Boom Audio Technologies, LLC. The structure, organization and code of the Software are valuable trade secrets and confidential information of Boom Audio Technologies, LLC.
5. Disclaimer of Warranties: Boom Audio Technologies, LLC does not warrant that the Software is error free. Boom Audio Technologies, LLC offers the Software “as is” and “with all faults” and by using the Software, you accept it “as is” and “with all faults”. Boom Audio Technologies, LLC disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Should the Software prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions may not allow the exclusion of implied warranties, so the above disclaimers may not apply to you.
6. No Refund: Because the Software is provided in Demo Mode free of charge to allow potential customers to evaluate and test it before paying the license fee, Boom Audio Technologies, LLC enforces a strict no-refund policy. Please evaluate and test the Software carefully in Demo Mode. Once you pay the license fee, your payment is final and may not be reimbursed.
7. Limitations on Liability: To the maximum extent permitted by applicable law, Boom Audio Technologies, LLC shall not be liable for any special, incidental, indirect, or consequential damages whatsoever, (including, but not limited to, damages for loss of profits or loss of confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever), arising out of or in any way related to the use or inability to use the Software, the provision of or failure to provide support services, or otherwise under or in connection with any provision of this EULA, even in event of fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Boom Audio Technologies, LLC, and even if Boom Audio Technologies, LLC has been advised of the possibility of such damages. In any case, Boom Audio Technologies, LLC’s entire liability under the provisions of this EULA or the applicable law shall be limited to the amount paid by you for the Software. Some jurisdictions may not allow the exclusion of consequential damages, so the above limitations and exclusions may not apply to you. This Agreement sets forth Boom Audio Technologies, LLC’s entire liability and your exclusive remedy with respect to the Software.
8. Termination of EULA: This Agreement is effective until terminated. This Agreement, including the license to use the Software, will terminate automatically if you fail to comply with any term or condition.
9. General:
9.1 Boom Audio Technologies, LLC reserves the right at any time to cease the support of the Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.
9.2 If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected.
9.3 This Agreement is to be governed by and construed in accordance with the laws of Massachusetts. Each party for itself and its property, hereby submits to the jurisdiction and venue of Boston, Massachusetts in relation to any claim or dispute that may arise with respect to this Agreement and any judgment that may be rendered in connection with any such claim or dispute. This Agreement will be interpreted as if the agreement were made between Massachusetts residents and performed entirely within Massachusetts.
9.4 You may not assign this Agreement. Any attempt by You to assign this Agreement will be null and void.
9.5 This Agreement contains the entire agreement between Boom Audio Technologies, LLC and You related to the software and supersedes all prior agreements and understandings, whether oral or written. All questions concerning this Agreement shall be directed to sales@boomaudiotechnologies.com.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE FOUNDATION OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
© Copyright 2021. Boom Audio Technologies, LLC
IMPORTANT: This Soundbug ("Software") End User License Agreement ("EULA") is a legal agreement between you (either an individual or, if purchased for an entity, an entity) and Boom Audio Technologies, LLC. READ IT CAREFULLY BEFORE COMPLETING THE LICENSING PROCESS AND USING THIS SOFTWARE. It provides a license to use this software and contains warranty and liability disclaimers. BY DOWNLOADING OR INSTALLING THE SOFTWARE YOU ARE INDICATING YOUR FULL AND VOLUNTARY AGREEMENT TO THE TERMS OF THIS LICENSE. If you do not agree to all of the following terms, do not download or install the software or discontinue use immediately and delete all copies from your computer.
1. License Grants and Purchase:
1.1 Demo License. You may download and use the Software in Demo Mode for free. Boom Audio Technologies grants you a limited, non-exclusive and non-transferable license to copy and use the Software for evaluation purposes only. In Demo Mode, some features of the Software will be disabled.
1.2 Licensing. To enable the features that are disabled in Demo Mode and gain full access to the Software, you will need to purchase one of the license options. Options include the following:
a) Perpetual license: For a single fee, paid in advance, you will be able to use the Software indefinitely. You will also be entitled to free downloadable updates to the Software that are within the same major version release. For example, if you purchase version 1.0, you will be entitled to all updates with version number 1.x, where x could be any number. When version 2.0 of the Software is released, you will need to purchase an upgrade to a 2.0 license. At that time, version 1 may continue to function, and you are entitled to use it as long as it works. Note, however, that Boom Audio Technologies, LLC does not place any guarantees on the quality or functionality of older releases.
b) Subscription license: You can opt for a subscription license, which entitles you to free downloadable updates to any version of the Software, as long as the subscription is active. A variety of subscription plans are available, including, but not limited to, an annual subscription and a monthly subscription. If you choose a subscription plan your you are granting Boom Audio Technologies, LLC permission to automatically charge your payment method when the subscription period ends.
1.3 To Purchase a License. Licenses can be purchased at the following web address: http://www.boomaudiotechnologies.com.
1.4 Those interested in licensing Soundbug for any other purpose should contact Boom Audio Technologies, LLC at sales@boomaudiotechnologies.com.
1.5 License activations. A standard license, whether it is perpetual or a subscription, comes with three (3) activations. Boom Audio Technologies, LLC grants you permission to activate licenses on multiple computers that you are in possession of or otherwise use. Activations belong solely to the license owner and are non-transferrable.
1.6 Subject to the terms and conditions of this Agreement, you are granted a limited non-exclusive license to use the Software on one (1) computer at any given time. This License is not a sale of the Software or any other copy. Boom Audio Technologies, LLC retains title and ownership of the Software and documentation, including all intellectual property rights. No title to the intellectual property in the Software is transferred to you. You will not acquire any rights to the Software except as expressly set forth herein.
1.7 Boom Audio Technologies, LLC reserves the right within its sole discretion to modify the terms of its license for all future versions of Soundbug.
2. End User Support: Boom Audio Technologies, LLC provides limited support through email (support@boomaudiotechnologies.com), help documentation, and on the company web page (http://www.boomaudiotechnologies.com).
3. License Restrictions:
3.1 You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
3.2 You may not sell, rent, lease, sublicense, transfer, resell for profit or otherwise distribute the Software, its documentation, or any part thereof.
3.3 You may not modify the Software or create derivative works based upon the Software. However, you may develop, distribute, and sell plug-ins and extension software that interacts with Soundbug using supported technologies, provided that such activity does not conflict with any other provision of this Agreement.
3.4 You may not remove or obscure any copyright and trademark notices relating to the Software.
4. Ownership and Intellectual Property Rights: This Agreement gives you limited rights to use the Software. Boom Audio Technologies, LLC retains any and all rights, title and interest in and to the Software and all copies thereof, including copyrights, patents, trade secret rights, trademarks and other intellectual property rights. All rights not specifically granted in this Agreement, including International Copyrights, are reserved by Boom Audio Technologies, LLC. The structure, organization and code of the Software are valuable trade secrets and confidential information of Boom Audio Technologies, LLC.
5. Disclaimer of Warranties: Boom Audio Technologies, LLC does not warrant that the Software is error free. Boom Audio Technologies, LLC offers the Software “as is” and “with all faults” and by using the Software, you accept it “as is” and “with all faults”. Boom Audio Technologies, LLC disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Should the Software prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions may not allow the exclusion of implied warranties, so the above disclaimers may not apply to you.
6. No Refund: Because the Software is provided in Demo Mode free of charge to allow potential customers to evaluate and test it before paying the license fee, Boom Audio Technologies, LLC enforces a strict no-refund policy. Please evaluate and test the Software carefully in Demo Mode. Once you pay the license fee, your payment is final and may not be reimbursed.
7. Limitations on Liability: To the maximum extent permitted by applicable law, Boom Audio Technologies, LLC shall not be liable for any special, incidental, indirect, or consequential damages whatsoever, (including, but not limited to, damages for loss of profits or loss of confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever), arising out of or in any way related to the use or inability to use the Software, the provision of or failure to provide support services, or otherwise under or in connection with any provision of this EULA, even in event of fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Boom Audio Technologies, LLC, and even if Boom Audio Technologies, LLC has been advised of the possibility of such damages. In any case, Boom Audio Technologies, LLC’s entire liability under the provisions of this EULA or the applicable law shall be limited to the amount paid by you for the Software. Some jurisdictions may not allow the exclusion of consequential damages, so the above limitations and exclusions may not apply to you. This Agreement sets forth Boom Audio Technologies, LLC’s entire liability and your exclusive remedy with respect to the Software.
8. Termination of EULA: This Agreement is effective until terminated. This Agreement, including the license to use the Software, will terminate automatically if you fail to comply with any term or condition.
9. General:
9.1 Boom Audio Technologies, LLC reserves the right at any time to cease the support of the Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.
9.2 If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected.
9.3 This Agreement is to be governed by and construed in accordance with the laws of Massachusetts. Each party for itself and its property, hereby submits to the jurisdiction and venue of Boston, Massachusetts in relation to any claim or dispute that may arise with respect to this Agreement and any judgment that may be rendered in connection with any such claim or dispute. This Agreement will be interpreted as if the agreement were made between Massachusetts residents and performed entirely within Massachusetts.
9.4 You may not assign this Agreement. Any attempt by You to assign this Agreement will be null and void.
9.5 This Agreement contains the entire agreement between Boom Audio Technologies, LLC and You related to the software and supersedes all prior agreements and understandings, whether oral or written. All questions concerning this Agreement shall be directed to sales@boomaudiotechnologies.com.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE FOUNDATION OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
© Copyright 2021. Boom Audio Technologies, LLC