End User License Agreement

End User License Agreement

Version dated: 04/22/2020

soundbridge.io is a website e-commerce marketplace owned, developed and operated by SoundBridge, LLC (“SoundBridge”).

SoundBridge is the provider of this website and marketplace (“Website”), which allows users to purchase, donate, finance, rent-to-own, subscribe to, download, view, or use music software (“Products”), conditioned upon the user’s acceptance of the terms of this End User License Agreement. The term “Products” shall also include any upgrades, modified versions or updates of the software licensed to you by SoundBridge.

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE SOUNDBRIDGE PRODUCT(S). BY CLICKING THE ACCEPTANCE BUTTON, INSTALLING THE SOFTWARE, AND/OR BREAKING THE SEAL ON THE PACKAGE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT.

This End User License Agreement (the “Agreement”) sets forth the terms and conditions of your use of the SoundBridge Products. For purposes of this Agreement, “user” means any end user or “licensee,” and “Licensor” means SoundBridge and its subsidiaries and affiliates.

This Agreement is the complete and exclusive version of the Agreement between the user and SoundBridge which supersedes all proposals or prior agreements, oral or written, and all other communications relating to any and all SoundBridge Products, regardless of whom the Products are purchased from. If a user does not agree to the current terms of this Agreement, the user must immediately notify SoundBridge at support@soundbridge.io, delete the user account on the Website, and uninstall and delete any Product(s) from the user’s computers and/or devices.

Any alternate End User License Agreement found within the installation of the Products are void as of 04/04/2020. SoundBridge reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement. SoundBridge will provide notice of any changes made to this Agreement by posting on the Website. Any changes will take effect immediately upon posting to the Website and be incorporated into this Agreement.

A user’s continued use of the SoundBridge Website and/or Product(s) after the date of posting, constitutes the user’s acceptance of the new terms and conditions stated in the most current version of the Agreement. Users are encouraged to review this Agreement periodically to remain aware of any changes.

TITLE

All of SoundBridge Products, any accompanying documentation, and content IS LICENSED AND NOT SOLD to the user. The user agrees that SoundBridge, or its subsidiaries, affiliates, partners, and suppliers (collectively “SoundBridge”), owns and holds title to all of the Products and all subsequent copies thereof regardless of the form or media. Furthermore, title, ownership, and intellectual property rights in the Products shall remain with SoundBridge. The Products are protected by copyright and other intellectual property laws and by international treaties, and any violation of these protected rights will be prosecuted to the fullest extent of the law; criminally and/or civilly. The Licensee’s privilege to download, use, copy, or change SoundBridge Products, is limited by these intellectual property rights, and are subject to all of the terms and conditions found in this Agreement, the Website’s Terms of Service, and the Privacy Policy. This Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in the Products.Users communicate the acceptance of these terms by creating a user account, downloading or installing our Products, or otherwise clicking “agree” or “accept” where these options are presented.

LICENSE GRANT

This License Grant is issued under the conditions that the Licensee:
(a) legally purchased the Product(s) and received the permission to download the Product(s) by SoundBridge or an authorized dealer;
(b) has paid SoundBridge, or the authorized dealer, the full payment of the purchase price, subscription fee, balance, or money due specified by the offer details located on the Website or by the authorized dealer;
(c) agrees to and abides by all offer details located on the Website, or provided by the authorized dealer;
(d) is using an authorized copy of the Product(s);
(e) has registered and is using a valid user account based on a truthful representation of the user and the user’s identity, on the Website; and
(f) has accepted the Website’s most recent Terms of Service, End User License Agreement, and Privacy Policy.

If the above conditions are met, SoundBridge, grants the Licensee (user) a limited, non-exclusive and non-transferable license to use and install the Product, on one computer or device, for the time specified by the offer details on the Website or by the authorized dealer and according to the provisions herein. If you do not agree to the terms of this license grant, you must contact SoundBridge immediately at support@soundbridge.io, and completely uninstall and delete the Product(s) from the user’s computer or device.

The Product(s) may only be used on one computer or device at a time, unless the user purchases an additional authorized and licensed Product activation, at the applicable price as stated in the offer details located on the Website, or by the authorized dealer. The Licensee must receive the written approval and authorization of SoundBridge to use the Product(s) on more than one computer or device.

All SoundBridge, LLC Products included within the respective edition at the time of purchase are part of the same License granted by SoundBridge, LLC and can only be used as a single bundle on one computer at a time.

This Agreement does not entitle you to receive any upgrades to or newer versions of this Software. Major updates and add-on packages may be sold separately and also require a license grant as specified by the offer on the Website or authorized dealer.

TERMINATION

SoundBridge retains control of the Product(s), and will take action to prevent or disable access to those Products at any time, if full payment of the purchase price, subscription fee, balance, or money due is not received, as specified by the offer on the Website. Additionally, any Licensee who violates this Agreement, the Terms and Conditions, and/or Privacy Policy, is subject to the deletion of their user account on the Website. Any such decision shall be made solely at the discretion of SoundBridge and all decisions are final and non-negotiable. Further, the user agrees that if the user is found to be in violation of any of these SoundBridge policies, the user must immediately uninstall and delete all Products from the user’s computer or device, with the understanding that the user is not entitled to a refund of Products purchased. User agrees that they will not be entitled to a refund of any applicable license fee upon early termination of this Agreement.

DATA COLLECTION & PRIVACY POLICY

When the user installs the SoundBridge, Product(s), the user authorizes and permits SoundBridge to record various unique identifiers from their computer or device, such as the UUID, Processor ID, MAC address, HDD serials, Machine Name, and other unique identifiers.

By installing SoundBridge Product(s), users authorize and allows SoundBridge to store these unique identifiers in a database alongside the email address associated with that user’s account. This information is used to prevent and identify unauthorized installations of our software, abuse, and piracy.

SoundBridge may keep track of the number of logins, pages visited, and the actions taken by users on the Website in order to determine which SoundBridge Products are the most popular. This data is used to deliver customized content and advertising to customers. This information is kept in a database alongside the email associated with that user’s account. This is done to monitor the usage, performance, and success rate of the Product(s) and also used to optimize the Website’s content.

By downloading or installing the Product(s), the user allows SoundBridge, LLC to collect any information regarding the Products’ usage worldwide. We reserve the right to maintain this information even if a user has deleted their user account from the Website.

SoundBridge, LLC may update or change how it collects data regarding usage of the Product(s), whether or not the user has actual notice of the changes.

If a user has any questions about SoundBridge’s Products data collection technology or wants copies of the data SoundBridge has collected from usage of the Product(s), please contact user support at: support@soundbridge.io, and we will be happy to help.

If a user does not want us to collect this data, then the user should completely uninstall the Product(s) from their computer or device, using the Products’ Uninstaller(s), and immediately request that their user account and usage data be deleted by contacting support@soundbridge.io.

RESTRICTIONS ON TRANSFER

Without first obtaining the express written consent of SoundBridge, a user may not transfer or assign their rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sub-license, or otherwise transfer their user rights to the Product(s).

RESTRICTIONS ON USE

At any given time, a user may only use the Product on as many computers or devices as the user’s license permits.

Unless specifically specified, licenses are single user licenses and users may not use, copy, or install the Product(s) on more than one computer or device, nor permit the use, copying, or installation of the Product(s), by more than one user or on more than one computer or device.

If a user holds additional, validly licensed computer activations, the user may not use, copy, or install the Product(s), on any system with more than the number of computers or devices permitted. The Licensees must pay SoundBridge or the authorized dealer, the full payment of the purchase price, subscription fee, balance, or money due for the additional computer activation.

Multi-computer licenses are only offered in private negotiations and must be accompanied by written approval from SoundBridge.

Users may not use the databases or “Additional Contents” portion of the Product(s) in connection with any software other than the Product(s) purchased.

For further information regarding the licensing of multiple copies of the Product(s), please contact: support@soundbridge.io, and we will be happy to help.

RESTRICTIONS ON MODIFICATION

Users may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code from the Product(s).

Users may not modify the Product(s) or create any derivative work of the Product(s), or its accompanying documentation. Derivative works include translations. Users may not alter any files or libraries in any portion of the Product(s). Further, users may not reproduce the database or “Additional Content” portion.

Users may not copy any part of the Product(s), additional documentation, or content distributed through the Website.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

SoundBridge makes no warranty that the Software Product will meet user requirements, or operate under any user’s specific conditions of use. SoundBridge makes no warranty that operation of the Software Product will be secure, error-free, or free from interruption.

Licensor’s sole liability for any breach of this Agreement shall be the correction or replacement of the Product(s), purchased by authorized Licensees. Selection of whether to correct or replace Product(s) shall be at the sole discretion of SoundBridge. SoundBridge reserves the right to substitute a functionally equivalent copy of the Product(s) as a replacement. If SoundBridge, is unable to provide a replacement or substitute Product(s), or corrections to the Product(s), the user’s only remedy shall be a refund of the purchase price for the Product(s), minus any costs for transaction fees.

UNLESS OTHERWISE EXPLICITLY AGREED TO, IN WRITING , SOUNDBRIDGE, LLC MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT, OR IN LAW, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT, OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.

THE USER MUST DETERMINE WHETHER THE PRODUCT(S) SUFFICIENTLY MEET THEIR REQUIREMENTS FOR SECURITY AND RELIABILITY DURING THE FREE TRIAL PERIOD. THE USER BEARS ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET THEIR REQUIREMENTS. SOUNDBRIDGE, LLC WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER, OR INFORMATION STORAGE DEVICE.

UNDER NO CIRCUMSTANCES SHALL SOUNDBRIDGE, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE TO USERS OR ANY OTHER PARTY, FOR DAMAGES OF ANY KIND, (INCLUDING LOST REVENUES OR PROFITS, OR LOSS OF BUSINESS), RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE PRODUCT, REGARDLESS OF WHAT THE CAUSE OF ACTION IS BASED ON, SUCH AS BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF SOUNDBRIDGE, LLC, OR ANY OTHER PARTY. SOUNDBRIDGE, LLC DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.NOTHING IN THIS AGREEMENT IN ANY WAY IMPLIES OR CONFERS A WARRANTY OF ANY KIND.

LIMITATION OF REMEDIES AND DAMAGES

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL LICENSOR, OR ITS SUPPLIERS OR RESELLERS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTIONS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE PROGRAMS (WHETHER OR NOT DUE TO ANY DEFECTS THEREIN). IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM LICENSOR’S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. IN NO EVENT SHALL LICENSOR’S LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE PRODUCT(S).

CANCELLATION/REFUND POLICY

The Product(s) are licensed on an “as is” and with “all faults included” basis. SoundBridge does not issue refunds for any Product(s) due to bugs and errors. It is up to each end-user to test the fitness of the Products during the free trial period before purchase, and to make sure that it properly works on their computer or device.

All sales, licensing, rent-to-own, and subscriptions are final and nonrefundable.

GOVERNING LAW, JURISDICTION AND COSTS

To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Massachusetts and you hereby consent to the exclusive jurisdiction and venue of courts in Massachusetts in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Licensor, its suppliers and its resellers from and against liabilities, costs, damages and expenses (including settlement costs and reasonable attorneys’ fees) arising from any claims from anybody that result from or relate to your use, reproduction or distribution of the Products, or your breach of any representation, warranty or obligation under this Agreement.

SEVERABILITY

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent that any express or implied restrictions are not permitted by applicable law, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by law.

Contact Information:

SoundBridge, LLC

[Attn: Legal Officer]

215 Harvard Ave.

#12

Boston, MA 02134, USA

support@soundbridge.io

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Effective as of April 22, 2020