IMPORTANT, PLEASE READ CAREFULLY. THIS IS A LICENSE AGREEMENT
This SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This SOFTWARE is licensed, not sold.
End User License Agreement
This End User License Agreement (herein also referred to as “EULA”) is a legal agreement between Dr Bonkers Soundlab, LLC (herein also referred to as “US” or “WE”) and you, the end-user (either an individual or single entity, herein referred to as “YOU”) with regard to the copyrighted impulse response files, any associated media, any printed materials, and any “online” or electronic documentation (herein collectively referred to as “SOFTWARE”), provided with this EULA.
Read this EULA carefully before installing, copying, or otherwise using the SOFTWARE! By installing, copying, or otherwise using the SOFTWARE, YOU are agreeing to be bound by the terms of this EULA. If YOU do not agree to the terms of this EULA, WE are unwilling to license the SOFTWARE to YOU, and YOU are not to install, copy, or otherwise use the SOFTWARE, and must permanently delete all copies of the SOFTWARE, whether stored on a computer or on storage media.
This SOFTWARE is available for license solely to SOFTWARE owners, with no right of duplication or further distribution, licensing, or sub-licensing. IF YOU DO NOT OWN THE SOFTWARE, THEN DO NOT DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.
2. Grant of License
WE grant YOU – provided that YOU comply with all terms and conditions of this EULA – a personal, non-exclusive license, with no right to grant sub-licenses, to install and use the copy of the SOFTWARE provided with this EULA on a single computer. YOU agree that YOU may not copy the written materials accompanying the SOFTWARE. Modifying, translating, renting, copying, transferring or assigning all or part of the SOFTWARE, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels or marks from the SOFTWARE is strictly prohibited. Furthermore, YOU hereby agree not to create derivative works based on the SOFTWARE in whole or in part.
YOU are allowed to make one copy of the SOFTWARE in machine-readable form for backup purposes only, provided that this backup-copy includes all copyright and other proprietary notices included with the SOFTWARE.
The terms of this License Agreement will govern any updates and/or supplements to the SOFTWARE that WE may provide to YOU unless they are accompanied by a separate license agreement.
This SOFTWARE is licensed, not sold. YOU acknowledge that no title to the intellectual property in the SOFTWARE is transferred to YOU. YOU further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of Dr Bonkers Soundlab, LLC, and YOU will not acquire any rights to the SOFTWARE, except as expressly set forth in this EULA. All copies of the SOFTWARE will contain the same proprietary notices as contained in or on the SOFTWARE. All title and copyrights in and to the SOFTWARE, the accompanying electronic or printed materials, and any copies of the SOFTWARE, are owned by Dr Bonkers Soundlab, LLC. The SOFTWARE is protected by copyright laws and international copyright treaties. The SOFTWARE is licensed only to YOU for personal use, the reproduction of non-copyrighted materials, or materials in which YOU own the copyright or YOU are otherwise authorized or legally permitted to reproduce. All rights not expressly granted are reserved by US.
4. Reverse Engineering
YOU agree that YOU will not attempt, and if YOU are a corporation will prevent your employees and contractors from attempting, to reverse compile, modify, alter, translate, or disassemble the SOFTWARE in whole or in part.
5. Restrictions on Use
YOU may not re-sell, loan, rent, lease, lend, provide via hosting services or peer to peer protocol, or otherwise redistribute the SOFTWARE in part or in whole. You may not transfer the files over any network or channel them to a third party storage location (including but not limited to email mailboxes and online file storage service hosts) in whole or in part.
6. Transfer of License
YOU may transfer your individual licenses of the SOFTWARE as granted by US to YOU in whole to another person or entity provided that (a) YOU retain no copies of the SOFTWARE, including backups of any kind on any form of storage media, (b) the recipient of the transfer accepts the terms and conditions of this EULA, (c) the transfer fee associated with license transfers is paid by either YOU or the transferee, and (d) the license transfer procedure is carried out by US as provided by the service available on the SITE. Any transfer of the SOFTWARE done outside of this service and its associated fee is done so against the terms set forth in this agreement and subject to permanent termination of grant of license to either party.
7. Disclaimer of Warranties
The SOFTWARE is provided “AS IS”, with “ALL FAULTS”, with no warranty of any kind. WE disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party rights. WE do not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE. WE do not warrant that the functions contained in the SOFTWARE will meet your requirements or that the operation of the SOFTWARE will be uninterrupted or error-free. WE ARE NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE. We further expressly disclaim any warranty or representation to YOU or to any third party.
8. Limitation of Liability
Dr Bonkers Soundlab, LLC’s entire liability and your exclusive remedy under this EULA shall not exceed the price paid for the SOFTWARE, if any. In no event shall WE be liable for any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits or revenues, loss of data, business interruption or any other commercial damages or losses, arising out of or related to the use or inability to use the SOFTWARE, however caused, regardless of the territory of liability – contract, tort or otherwise – and even if WE have been advised of the possibility of such damages, or any claim by a third party. WE shall have no liability with respect to the content of the SOFTWARE or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
9. No Liability for Consequential Damages
In no event shall WE be responsible or liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for the loss of profits or revenues, business interruption, loss of business information, damages or costs as a result of loss of time, or other pecuniary loss) arising out of the use or inability to use the SOFTWARE, even if WE have been advised of the possibility of such damages.
10. Indemnification By YOU
If YOU distribute the SOFTWARE in violation of this Agreement, YOU agree to indemnify, hold harmless and defend US from and against any claims or lawsuits, including attorney’s fees that arise or result from the use or distribution of the SOFTWARE in violation of this Agreement.
This License Agreement is effective until terminated. All rights given to YOU under this License Agreement will terminate automatically without notice from US if YOU fail to comply with any terms of this Agreement. Upon the termination of this Agreement, YOU shall cease all use of the SOFTWARE and destroy all copies, full or partial. YOU may terminate this Agreement by giving written notice to US and destroy all copies of the SOFTWARE, full or partial. Under any condition of termination, YOU cannot claim any refund from US.
This Agreement will in all respects be governed by United States federal law to the extent applicable and the laws of the State of New Jersey. YOU consent to the exclusive jurisdiction of federal and state courts of New Jersey to resolve any action arising out of or related to this Agreement. The parties agree not to contest venue as appropriate in Bergen County, NJ. The parties waive any right to trial by jury.