End User License Agreement.
This End User License Agreement ('Agreement') is a legal agreement between you ('User') and Hefty Sound Works governing your use of DOWNBEAT and other software products provided by Hefty Sound Works ('Software'). By downloading, installing, activating, or using the Software, you agree to this Agreement.
1. License Grant
Upon purchase, Hefty Sound Works grants you a limited, non-exclusive, non-transferable license to install and use the Software. Ownership of the Software and all intellectual property remains with Hefty Sound Works.
2. Permitted Use
The Software may be used for personal use, commercial music production, live performances, touring, broadcast productions, houses of worship, and educational purposes. No royalties are owed for works created using the Software.
3. License Activations
Each license includes up to three (3) activated devices at any one time. You may deactivate an existing device within the Software to free an activation for another device, including emergency replacement of a failed performance computer. Licenses are for the original purchaser only.
4. Restrictions
You may not transfer, sublicense, redistribute, publicly share license keys, remove copyright notices, or use the Software unlawfully.
5. Updates
Minor updates, bug fixes, and compatibility updates are included. Future major versions or new products may be offered under separate licensing terms.
6. Intellectual Property
All source code, graphics, interfaces, documentation, trademarks, and related intellectual property remain the exclusive property of Hefty Sound Works.
7. Reverse Engineering
Except where prohibited by law, you may not reverse engineer, decompile, disassemble, modify, or attempt to derive the source code.
8. Beta Software
Beta software may be provided 'AS IS' without guarantees of stability or performance.
9. Customer Feedback
Feedback, bug reports, and feature requests may be used by Hefty Sound Works without compensation. You retain ownership of your separate creative works.
10. License Recovery
Lost license keys may be reissued after verification using the original purchase email.
11. License Transfers
Licenses may not be transferred without prior written consent.
12. License Revocation
Licenses may be suspended or revoked if obtained fraudulently or used in material violation of this Agreement.
13. Live Performance Disclaimer
You are responsible for testing your playback system before every rehearsal or performance. Hefty Sound Works is not liable for interruptions or losses resulting from configuration errors, unsupported hardware/software, updates, third-party conflicts, user error, hardware failure, power outages, or network interruptions.
14. Disclaimer of Warranty
THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
15. Limitation of Liability
To the fullest extent permitted by law, Hefty Sound Works' total liability shall not exceed the amount paid for the Software license.
16. Refunds
Refunds are governed by the Hefty Sound Works Refund Policy. Requests within fourteen (14) days may be considered if the Software does not function as described and support cannot resolve the issue.
17. Termination
This Agreement terminates automatically if you materially violate its terms. Upon termination you must stop using and remove the Software.
18. Governing Law
This Agreement is governed by the laws of the State of New York.
19. Changes
Hefty Sound Works may update this Agreement. Continued use of the Software constitutes acceptance of revised terms.
20. Contact
Hefty Sound Works
Email: [email protected]
Website: https://www.heftysoundworks.com