Soundplant 50 END-USER LICENSE AGREEMENT (EULA)

IMPORTANT-READ CAREFULLY: This Soundplant End-User License Agreement ("EULA") is a legal agreement between you (either an individual or another form of legal entity) and the AUTHOR (Marcel Blum) for the SOFTWARE (Soundplant 50 and its binary executables as contained on any media). By installing, running, or otherwise using the SOFTWARE and/or its DOCUMENTATION (web pages, help files, emails, and all other media that contain information pertaining to the understanding and use of SOFTWARE), you agree to the terms of this EULA and are legally bound by its terms. If you do not agree to the terms of this EULA, (1) do not install, run, or use the SOFTWARE and DOCUMENTATION and (2) remove all copies of the SOFTWARE and DOCUMENTATION from your computer(s) and storage media.

Permission is hereby granted to redistribute the unregistered version of the Soundplant SOFTWARE freely, provided that the SOFTWARE remains unmodified, which includes the complete original distribution package contents and the package itself (original unmodified archive, software binaries, any included documentation, this license agreement, any other files contained in the original package), all proprietary notices are left intact, and origin of SOFTWARE and/or AUTHOR are not misrepresented.

This EULA defines NON-COMMERCIAL USER as an individual and/or any other legal entity that is in possession of the unregistered version of the SOFTWARE and does not use the SOFTWARE for any money-making, profit-generating, political campaigning, bartering, or proselytizing purpose, but rather uses the SOFTWARE for personal, hobby, or community use. If you are a NON-COMMERCIAL USER of the SOFTWARE, you are hereby granted a license for the unregistered version for use on an unlimited amount of computers and on any number of operating systems.

This EULA defines COMMERCIAL EVALUATOR as any individual, commercial entity, governmental entity, educational entity and/or any other legal entity that is not a NON-COMMERCIAL USER, who is in possession of the SOFTWARE and was not granted a license to use or possess the SOFTWARE by AUTHOR.

This EULA defines LICENSEE as an individual, commercial entity, governmental entity, education institution, and/or any other legal entity that was granted a license to install and use the registered version of the SOFTWARE and DOCUMENTATION by the AUTHOR. The AUTHOR is the only entity that is authorized to grant a license to install and use the SOFTWARE and DOCUMENTATION.

The SOFTWARE is licensed, not sold.

A COMMERCIAL EVALUATOR may run the SOFTWARE without charge for twenty-five (25) total instances for evaluation purposes only. A single instance of SOFTWARE use is defined as ending when the SOFTWARE is voluntarily quit or otherwise terminated, when the SOFTWARE is running but has not been used for over 12 hours, or when the host computer is restarted, hibernated, put on stand-by, or otherwise powered-down in any manner. Certain features and functions will be disabled for unlicensed SOFTWARE at the discretion of the AUTHOR. The AUTHOR is not liable to make public or notify the public as to which features are inoperable or disabled on unlicensed SOFTWARE. After the evaluation period expires, the COMMERCIAL EVALUATOR is responsible for purchasing a license from AUTHOR at www.soundplant.org. If the COMMERCIAL EVALUATOR does not purchase SOFTWARE at the end of the evaluation period, COMMERCIAL EVALUATOR must remove SOFTWARE from COMMERCIAL EVALUATOR's computer(s) and media storage devices.

The SOFTWARE is the property of the AUTHOR and is protected by copyright law. While AUTHOR continues to own the SOFTWARE, LICENSEE will have certain rights to use the registered version of the SOFTWARE after acceptance of this license.    This license governs any releases, revisions, or enhancements to the SOFTWARE that AUTHOR may furnish to You. The LICENSEE's rights and obligations with respect to the use of this SOFTWARE are that LICENSEE may use the registered version of the SOFTWARE on an unlimited amount of computers and on any number of operating systems for an unlimited amount of time, provided this use is by one (1) human user per number of licenses purchased. This license is non-transferable. You may not redistribute the registered version of the SOFTWARE. LICENSEE may not permit other individuals or entities to use the SOFTWARE, sell, rent, lease or in any other way transfer rights to the SOFTWARE to anyone. You are not allowed to remove any proprietary notices or labels on the SOFTWARE or misrepresent the SOFTWARE’s origin as well as the AUTHOR.

Without prejudice to any other rights, AUTHOR may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE.

The SOFTWARE is protected by copyright laws and international treaty provisions. 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 the AUTHOR and you will not acquire any rights to the SOFTWARE.

Soundplant includes a distribution of FFmpeg software binaries, separately licensed under the GNU General Public License v.3.0, a copy of which is included alongside the FFmpeg binaries in its own folder next to the Soundplant binary (Windows) or inside the Soundplant app bundle (Mac). Soundplant is not a derivative work of FFmpeg. This EULA pertains only to the Soundplant software and not to FFmpeg. As per the terms of the FFmpeg license, a copy of the FFmpeg source code is available at the Soundplant web site at www.soundplant.org (a more recent copy can be found at the FFmpeg web site www.ffmpeg.org). FFmpeg is ©2000-2021 Fabrice Bellard et al.

The AUTHOR expressly disclaims any warranty for the SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

IN NO EVENT SHALL AUTHOR BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, AUTHOR’S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF U.S.$1.00 OR LICENSE FEE PAID BY YOU.

“Soundplant” is a registered trademark of Marcel Blum. The Soundplant software and web site are ©1999-2021 by Marcel Blum. All rights reserved.

Should you have any questions concerning this EULA, or if you desire to contact the AUTHOR for any reason, contact Marcel Blum at soundplant@soundplant.org.