Below is the license agreement user of LEVELS must agree to before using LEVELS. The agreement will take place during installation.
MasteringTheMix Ltd and 29Palms Ltd SOFTWARE LICENSE AGREEMENT
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MasteringTheMix Ltd and 29Palms Ltd ("LEVELS").
SOFTWARE. “Software” means the LEVELS executable software product accompanying this Agreement, along with any modules, presets, and/or user documentation.
LICENSE. Subject to all the terms and conditions of this Agreement, you may use the Software, on any one computer at any one time. If more than one user will be using the Software at any one time, you must obtain from LEVELS an additional license for each additional user of the Software. The Software is "in use" on a computer when loaded into memory (RAM). You may make one copy of the Software solely for backup or archival purposes if all copyright and other notices are reproduced on that copy, or you may copy the Software to a single hard disk provided you keep the original solely for backup or archival purposes. If the Software is an upgrade, you must have a license for the product from which it is upgraded. If you receive the Software in more than one media form, that does not affect any other term of this Agreement.
OWNERSHIP. The Software and all intellectual property rights therein (including copyrights, patents, trade secrets, trademarks, and trade dress) are owned by LEVELS and are protected by the laws of the United Kingdom and other countries and by international treaty provisions. LEVELS retains all rights not expressly granted in this Agreement.
OTHER RESTRICTIONS. You may not modify, adapt, decompile, disassemble or otherwise reverse engineer the Software, except to the extent this restriction is expressly prohibited by applicable law. You may not loan, rent, lease, or license the Software to a third party, but you may permanently transfer your rights under this Agreement provided you transfer this Agreement, all Software, and all accompanying printed materials and retain no copies, and the recipient agrees to the terms of this Agreement. Any such transfer must include the most recent update and all prior versions.
LIMITED WARRANTY. LEVELS warrants that, for a period of thirty (30) days from your date of receipt, the Software will substantially conform to the applicable user documentation provided with the Software. This Limited Warranty is void if you obtain the Software from an unauthorised reseller, you violate the terms of this Agreement, or if the failure of the Software is due to accident, abuse or misapplication. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so this limitation may not apply to you.
STANDARDS CONFORMANCE. The Software includes features to process audio to conform to various industry standards. LEVELS have worked to make the Software accurately implement such industry standards, however LEVELS can make no representation or warranty that the Software will make audio correctly comply with any present or future standard.
YOUR REMEDIES. LEVELS's sole obligation and your exclusive remedy for any breach of warranty will be, at LEVELS's sole option, either the return of the purchase price you paid or, if you return the Software, together with all media and documentation and a copy of your receipt, to the location where you obtained it during the warranty period, we will, in our discretion, either refund,repair or replace of the Software, media and documentation. Outside the United Kingdom, neither these remedies nor any support services are available without proof of purchase from an authorised non-U.K. source.
SUPPORT. Subject to the limited warranty stated above, and further subject to you not being in violation of any term of this Agreement, LEVELS will provide email support for the Software to the original purchaser, for a period of 12 months from the original purchase date.
USAGE INFORMATION. When you use the Software, LEVELS may collect certain information about your computer for authorisation purposes. No direct personal information or audio files/samples are collected as part of this information.
DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEVELS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LEVELS DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR ERROR-FREE. THE WARRANTY AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. The Limited Warranty set forth herein gives you specific legal rights, and you may have others under applicable law, which may vary depending on your location. No dealer, distributor, agent or employee of LEVELS is authorised to change or add to the warranty and remedies set forth herein. Any other software furnished with or accompanying the Software is not warranted by LEVELS.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEVELS WILL HAVE NO LIABILITY FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS FOR LOSS OF PROFITS, BUSINESS, GOODWILL, DATA OR OTHER ASSETS, OR COMPUTER PROGRAMS) EVEN IF LEVELS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LEVELS BE LIABLE FOR ANY AMOUNTS EXCEEDING THE AMOUNTS RECEIVED FROM YOU FOR YOUR LICENSE OF THE SOFTWARE. Some jurisdictions do not allow exclusion or limitation of liability for consequential or incidental damages, so this limitation may not apply to you.
TERMINATION. The Agreement will terminate automatically if you fail to comply with any of its terms. On termination, you must immediately cease using and destroy all copies of the Software.
GENERAL. This Agreement is the complete and exclusive statement of the agreement between you and LEVELS and supersedes any proposal or prior agreement, oral or written, and any other communications relating to the subject matter of this Agreement. This Agreement is in the English language only, which language will be controlling in all respects, and all versions of this Agreement in any other language will be for accommodation only.
LEGAL. This Agreement will be governed by and interpreted under the laws of England and Wales, without regard to conflicts of law provisions; however, if you acquired the Software outside the United Kingdom, local law may override this sentence and apply instead. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. To the extent permitted by law, you agree that no lawsuit or any other legal proceeding connected with the Software shall be brought or filed by you more than one (1) year after the incident giving rise to the claim occurred. IN ADDITION, ANY SUCH LEGAL PROCEEDING SHALL NOT BE HEARD BEFORE A JURY. EACH PARTY GIVES UP ANY RIGHT TO A JURY TRIAL. To the extent permitted by law, you agree that you will not bring any class action lawsuit against LEVELS or be a representative plaintiff or plaintiff class member in any such lawsuit.
Should you have any questions about this Agreement or LEVELS's software use policies, or if you desire to contact LEVELS for any other reason please email firstname.lastname@example.org.