End User License Agreement
Last updated: December 2024
This EULA should be reviewed by a legal professional before being considered final. This is an initial draft for website structure purposes.
1. Agreement Overview
This End User License Agreement ("EULA") is a legal agreement between you ("User" or "you") and Malinow Audio ("Licensor," "we," or "us") for the use of our audio software plugins ("Software"). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA.
2. License Grant
Subject to the terms of this EULA and upon valid purchase, Malinow Audio grants you a:
- Non-exclusive - You receive no exclusive rights
- Non-transferable - The license cannot be transferred or sold to another party
- Perpetual - The license does not expire
- Worldwide - The license is valid globally
license to use the Software for personal or commercial music production purposes.
3. Activation Limits
Each license includes a specific number of activations (typically 3 per license, unless otherwise stated at the time of purchase). An "activation" refers to installing and registering the Software on a unique computer.
- You may deactivate an installation to free up an activation slot
- Activations are tied to hardware identifiers of your computer
- Additional activations may be requested through our support team
4. Permitted Uses
You ARE permitted to:
- Install the Software on multiple computers you own (up to your activation limit)
- Use the Software for personal and commercial music production
- Create and distribute music made using the Software without royalty payments
- Make backup copies of the Software for archival purposes
- Transfer your license to another user, provided you permanently delete all copies and contact us to facilitate the transfer
5. Prohibited Uses
You are NOT permitted to:
- Distribute, share, or resell your license key or activation codes
- Reverse engineer, decompile, or disassemble the Software
- Modify, adapt, or create derivative works based on the Software
- Remove or alter any copyright notices or proprietary markings
- Use the Software in any way that violates applicable laws
- Circumvent or disable any licensing, copy protection, or security features
- Use a single license on computers belonging to different users or entities
6. Ownership
The Software is licensed, not sold. Malinow Audio retains all ownership, title, and intellectual property rights in and to the Software, including any copies, modifications, or derivative works. This EULA does not grant you any rights to trademarks, service marks, or trade names of Malinow Audio.
7. Updates and Support
Your license includes:
- Free Updates: All minor version updates (e.g., 1.0 to 1.x) are included
- Major Versions: Major version upgrades (e.g., 1.x to 2.0) may require an additional purchase at a discounted rate
- Support: Email support is available through our support portal
8. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MALINOW AUDIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Software will meet your requirements, operate without interruption, or be error-free. You assume all responsibility for selecting the Software to achieve your intended results.
9. Limitation of Liability
IN NO EVENT SHALL MALINOW AUDIO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SOFTWARE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE LICENSE.
10. Termination
This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice if you fail to comply with any term. Upon termination:
- You must cease all use of the Software
- You must destroy all copies of the Software in your possession
- Provisions relating to ownership, warranties, and liability survive termination
11. Governing Law
This EULA shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any disputes arising under this EULA shall be resolved in the courts of Los Angeles County, California.
12. Entire Agreement
This EULA, together with our Terms of Service and Privacy Policy, constitutes the entire agreement between you and Malinow Audio regarding the Software and supersedes all prior agreements and understandings.
13. Contact
For questions about this EULA, please contact:
By installing or using the Software, you acknowledge that you have read, understood, and agree to be bound by the terms of this EULA.