BrainWaveProducer END-USER LICENSE AGREEMENT

IMPORTANT: BrainWaveProducer End User License Agreement ("EULA") is a legal agreement between you and SaschArt

PLEASE READ THIS AGREEMENT CAREFULLY. BY COPYING, INSTALLING OR USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED: FOR EXAMPLE, IF APPLICABLE, YOUR EMPLOYER. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. BY DOWNLOADING OR INSTALLING THE SOFTWARE YOU ARE INDICATING YOUR FULL AND VOLUNTARY ASSENT TO THE TERMS OF THIS LICENSE.

By using BrainWaveProducer, you are confirming that you are legally competent to enter into this agreement and that you accept the following terms:

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1. License Grants and Purchase:

1.a. LICENSE APPLICABLE TO FREE USING. You can download and install this software for FREE and use for personal interest or to make products for sound therapy that you can sell. You cannot sell products that contain audio samples that contain EmRysRa in the title from the BWP Samples folder. These creations are copyrighted EmRysRa. If you distribute free audio products that contain copyright EmRysRa, you must specify the copyright.

You may not sell this Software or otherwise use this Software in a commercial way, including but not limited to obtaining money or other financial gain through the selling, distribution, or leasing of this Software. You can use FREE version of this software with no limit time period but: maximum two tracks, maximum two envelopes and can export wav files only.

1.b. LICENSE APPLICABLE TO COMMERCIAL USERS. If you have purchased a commercial unlock key, we grant you all the rights to a commercial user. Thus, the introduction of the unlock key offers you the lifting of the limitations from the free version: no limit tracks, no limit envelopes and .ogg .mp3 exporting. That does not mean that all plugins/tracks will be unlocked.

You may use one purchased license of BrainWaveProducer for maximum three computers. Please make unlock key request from your home/office not from different locations. You can use it for one person or for one company. You may also use BrainWaveProducer as installed for commercial purposes. You can to sell your work and products with sound therapy. You cannot sell products that contain audio samples that contain EmRysRa in the title from the BWP Samples folder. These creations are copyrighted EmRysRa. If you distribute free audio products that contain copyright EmRysRa, you must specify the copyright.

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2. AS IS” SOFTWARE; DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
EXCEPT FOR ANY WARRANTY THAT MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, BWP IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING BWP. WHERE ANY NON-EXCLUDABLE TERMS ARE IMPLIED INTO THIS LICENSE BY OPERATION OF LAW, TO THE EXTENT PERMISSIBLE BY LAW, OUR LIABILITY IS LIMITED TO THE AMOUNT YOU PAID FOR BWP. In no case will we be liable for direct, indirect, incidental, or consequential damages resulting from the use or misuse of BWP, (whether or not claimed to be defective), even if we have been advised of the possibility of such damages or should have known of such possiblity, AND IF YOU ARE A COMMERCIAL USER YOU WILL INDEMNIFY AND HOLD US HARMLESS AGAINST ALL THIRD PARTY CLAIMS ARISING OUT OF YOUR USE OF BWP.

3. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed program, or any subset of the licensed program, except as provided for in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.

4. Author may change this license for any following version of the software.

5. All rights not expressly granted here are reserved by SaschArt.

6. You may distribute this software provided you but add a link to our site.

7. This agreement is the sole agreement of the parties with respect to the subject matter hereof. It supercedes all prior written or oral agreements. No modification of this Agreement shall be binding unless it is in writing and is signed by an authorized representative of the party against whom enforcement of the modification is sought.

8. In the event that any of the terms of this Agreement is or becomes or is declared to be invalid or void by any court or tribunal of competent jurisdiction, the remaining terms of this Agreement shall remain in full force and effect.

9. This agreement is made, and shall be construed, under Eastern Europe law. Both parties agree to all obligations arising therefrom.