END USER LICENSE AGREEMENT

END USER LICENSE AGREEMENT

Last Updated: August 26, 2026

This End User License Agreement (“Agreement”) is a legal agreement between you (“User”) and Hefty Sound Works governing your use of DOWNBEAT and any related software, documentation, updates, and files provided by Hefty Sound Works (“Software”).

By downloading, installing, activating, or using the Software, you agree to this Agreement. If you do not agree, do not download, install, activate, or use the Software.

1. LICENSE GRANT

After purchase and subject to this Agreement, Hefty Sound Works grants you a limited, non-exclusive, revocable, and non-transferable license to install and use the Software.

The Software is licensed, not sold. Hefty Sound Works retains ownership of the Software and all related intellectual property.

2. PERMITTED USE

The Software may be used for lawful purposes including:

• Personal music projects

• Commercial recordings

• Rehearsals

• Live performances

• Touring

• Broadcast productions

• Houses of worship

• Other professional music and production work

No royalties are owed to Hefty Sound Works for recordings or performances created or operated using the Software.

3. SUPPORTED SYSTEMS AND FORMATS

DOWNBEAT is currently provided for supported versions of macOS in the following plugin formats:

• Audio Unit for Logic Pro

• VST3 for Ableton Live

The currently supported operating-system, DAW, and hardware requirements are listed on the Hefty Sound Works website or in the documentation provided with the Software.

Compatibility may change when Apple, Logic Pro, Ableton Live, plugin standards, or third-party systems are updated. Support for Windows or other operating systems is not included unless expressly announced by Hefty Sound Works.

4. LICENSE ACTIVATIONS

Each license permits activation on up to three (3) computers at one time.

You may deactivate an authorized computer within the Software to free an activation for another computer, including replacement of a failed performance computer.

Activations are provided for use by the original purchaser. A license may not be shared between unrelated users, bands, organizations, or businesses.

5. LICENSE RECOVERY

A lost license may be reissued after purchase verification. You may be required to contact Hefty Sound Works using the original purchase email address and provide proof of purchase or other identifying transaction information.

6. LICENSE TRANSFERS

Licenses may not be sold, assigned, transferred, sublicensed, rented, leased, or given to another person or organization without prior written permission from Hefty Sound Works.

Any approved transfer may require deactivation of the Software from the original purchaser’s computers.

7. RESTRICTIONS

You may not:

• Distribute, resell, sublicense, rent, lease, or publicly share the Software

• Share, publish, sell, or distribute license keys

• Circumvent or interfere with activation or license-management systems

• Remove or alter copyright, trademark, or ownership notices

• Use the Software in violation of applicable law

• Claim ownership of the Software or its underlying technology

• Use the Software to create or distribute a competing product through unauthorized copying of its code or protected assets

8. REVERSE ENGINEERING

Except to the limited extent expressly permitted by applicable law, you may not reverse engineer, decompile, disassemble, modify, translate, or attempt to derive the Software’s source code, internal structure, algorithms, or protected components.

9. INTELLECTUAL PROPERTY

All source code, compiled code, interfaces, graphics, documentation, trademarks, product names, designs, license systems, and related intellectual property remain the exclusive property of Hefty Sound Works or its licensors.

This Agreement grants only the limited right to use the Software. It does not transfer ownership of any intellectual property.

10. PAID BETA SOFTWARE

Certain versions of DOWNBEAT may be identified as paid beta releases.

Paid beta software may contain incomplete features, compatibility limitations, or undiscovered defects. Features, workflows, interfaces, and system requirements may change during development.

You are responsible for reviewing the published version information and system requirements before purchase and installation.

11. UPDATES

Hefty Sound Works may provide bug fixes, maintenance releases, compatibility updates, or other changes at its discretion.

Updates may modify, replace, add, or remove features. Future major versions, products, formats, platforms, or services may require a separate purchase or license.

Hefty Sound Works does not guarantee continued compatibility with every future operating-system, DAW, plugin-format, or third-party update.

12. SUPPORT

Reasonable email support is provided for the current supported version of the Software.

Support may include installation assistance, license recovery, troubleshooting, and investigation of reproducible software problems.

Support does not include configuring every possible session, audio interface, routing system, third-party plugin, computer, or live-production environment. No guaranteed response or resolution time is provided unless agreed in writing.

13. CUSTOMER FEEDBACK

If you voluntarily provide feedback, feature requests, suggestions, or bug reports, Hefty Sound Works may use that information to develop, modify, improve, market, or support its products without compensation or obligation.

You retain ownership of your separate recordings, sessions, compositions, and other creative works.

14. LICENSE AND ACTIVATION INFORMATION

The Software may use limited purchase, license, activation, and device information to generate, validate, recover, deactivate, and manage authorized licenses.

The collection and use of personal information are governed by the Hefty Sound Works Privacy Policy.

15. LICENSE SUSPENSION OR REVOCATION

A license may be suspended or revoked if:

• It was obtained through fraud, theft, chargeback abuse, or unauthorized payment

• The license key is publicly distributed or shared

• The Software is used in material violation of this Agreement

• A refund is approved for the Software

• Continued activation would violate applicable law

When a license is revoked, you must stop using the Software and remove all installed copies.

16. LIVE PERFORMANCE RESPONSIBILITY

You are responsible for testing the Software with your complete session, routing, computer, interface, plugins, and hardware before every rehearsal, broadcast, or performance.

You are responsible for maintaining appropriate backups and contingency plans for your sessions, audio files, licenses, computers, and live-production systems.

Hefty Sound Works is not responsible for interruptions or losses caused by unsupported systems, configuration errors, user error, third-party software, operating-system or DAW updates, hardware failure, power failure, damaged files, network interruption, or other systems outside Hefty Sound Works’ control.

17. DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, the Software is provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, express or implied.

Hefty Sound Works does not guarantee that the Software will be uninterrupted, error-free, compatible with every system, or suitable for requirements that were not disclosed or supported.

Nothing in this Agreement excludes warranties, rights, or remedies that cannot legally be excluded.

18. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Hefty Sound Works will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost income, missed performances, lost data, equipment damage, travel expenses, or reputational harm.

To the fullest extent permitted by law, Hefty Sound Works’ total liability arising from the Software will not exceed the amount paid for the applicable Software license.

19. REFUNDS

Software refunds are governed by the Hefty Sound Works Refund and Returns Policy.

Refund requests submitted within fourteen (14) days of purchase may be considered if the Software does not function substantially as described and Hefty Sound Works cannot resolve the issue through reasonable customer support.

An approved refund may result in immediate license suspension or revocation.

20. TERMINATION

This Agreement terminates automatically if you materially violate its terms.

Upon termination, you must stop using the Software, remove installed copies, and stop using the associated license key.

Sections concerning ownership, restrictions, disclaimers, liability, and other provisions that logically survive termination will remain in effect.

21. THIRD-PARTY SOFTWARE AND SERVICES

The Software may operate within or alongside third-party products such as macOS, Logic Pro, Ableton Live, audio interfaces, plugins, and other production equipment.

Those products are governed by their own licenses and terms. Hefty Sound Works is not responsible for third-party changes, outages, defects, discontinuation, or compatibility decisions.

22. GOVERNING LAW

This Agreement is governed by the laws of the State of New York, without regard to conflict-of-law principles.

23. DISPUTE RESOLUTION

Before filing a legal claim, both parties agree to make a good-faith effort to resolve the dispute through direct written communication.

The parties may agree to voluntary mediation. This section does not prevent either party from pursuing remedies available under applicable law.

24. CHANGES TO THIS AGREEMENT

Hefty Sound Works may update this Agreement as the Software, licensing system, or applicable requirements change.

The current version will be published with its effective date. Material changes will apply prospectively unless otherwise required by law.

25. SEVERABILITY

If any provision of this Agreement is found unenforceable, the remaining provisions will remain in effect to the extent permitted by law.

26. ENTIRE AGREEMENT

This Agreement, together with the applicable Terms and Conditions, Refund and Returns Policy, Privacy Policy, purchase terms, and written product documentation, constitutes the agreement governing your use of the Software.

27. CONTACT

Hefty Sound Works
Email: heftysoundworks@gmail.com
Website: https://www.heftysoundworks.com