End User License Agreement

IMPORTANT - READ CAREFULLY BEFORE USING THIS SOFTWARE. By installing, copying, or otherwise using FAAS Hybrid (the "Software"), you ("Licensee") agree to be bound by the terms of this End User License Agreement ("Agreement"). If you do not agree to these terms, do not install or use the Software. 1. GRANT OF LICENSE Subject to the terms of this Agreement, Fabrizio Annatelli ("Licensor") grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Software on up to three (3) computers owned or controlled by you, for your personal or professional use. You may make one (1) additional backup copy of the Software for archival purposes only. 2. PERSONAL LICENSE This license is granted to you as an individual. You may not share, lend, rent, lease, sublicense, or otherwise transfer the Software or this license to any third party. Each license key is valid for a single user on a maximum of three (3) machines. Simultaneous use on more than one machine by different individuals is not permitted. 3. RESTRICTIONS You shall not: (a) Copy, modify, adapt, translate, or create derivative works of the Software, except as expressly permitted by applicable law; (b) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software; (c) Remove, alter, or obscure any proprietary notices, labels, or marks on the Software; (d) Use the Software for any unlawful purpose; (e) Distribute, publish, or make the Software available to third parties; (f) Circumvent, disable, or interfere with any license protection, activation, or security mechanisms in the Software; (g) Use the Software, its output, interface, presets, wavetables, or any associated content for the purposes of data mining, machine learning, training of artificial intelligence systems, or similar automated data processing activities without the express written consent of the Licensor; (h) Redistribute factory presets, wavetables, or bundled sound content included with the Software as standalone sample libraries, sound packs, or preset collections. 4. INTELLECTUAL PROPERTY The Software is protected by copyright laws and international treaties. The Licensor retains all right, title, and interest in and to the Software, including all intellectual property rights therein. This Agreement does not grant you any rights to trademarks or service marks of the Licensor. 5. OUTPUT AND SOUND CONTENT Any audio output, recordings, compositions, or derivative sound content created by you using the Software is your property. You may use such output for any commercial or non-commercial purpose without attribution to the Licensor. This right does not extend to the redistribution of factory presets, wavetables, or bundled content as described in Section 3(h). 6. UPDATES AND VERSIONS This license grants access to the current major version of the Software at the time of purchase, including all minor updates (bug fixes and small feature additions) within that major version. Access to future major versions may require a separate purchase or upgrade license at the Licensor's discretion. The Licensor is under no obligation to provide updates, upgrades, or new versions of the Software. 7. DISCLAIMER OF WARRANTIES THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. 8. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE SOFTWARE LICENSE. 9. EXCLUSION OF DAMAGES IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY: (a) HEARING DAMAGE OR HEARING LOSS of any kind, whether temporary or permanent, arising from the use of the Software; (b) DAMAGE TO AUDIO EQUIPMENT, speakers, headphones, amplifiers, or any other hardware; (c) LOSS OF DATA, including but not limited to project files, recordings, presets, or any other digital content; (d) LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES; (e) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, regardless of the cause of action or theory of liability, even if the Licensor has been advised of the possibility of such damages. YOU ACKNOWLEDGE THAT THE SOFTWARE GENERATES AUDIO OUTPUT AND THAT YOU ARE SOLELY RESPONSIBLE FOR MONITORING OUTPUT LEVELS AND PROTECTING YOUR HEARING AND EQUIPMENT. 10. INDEMNIFICATION You agree to indemnify, defend, and hold harmless the Licensor from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses arising from: (a) Your use of the Software; (b) Your violation of any term of this Agreement; (c) Any claim by a third party arising from your use of the Software. 11. DEMO MODE If you have not activated a valid license, the Software will operate in demo mode with periodic audio interruptions. Demo mode is provided for evaluation purposes only. All other terms of this Agreement apply equally to demo mode usage. 12. REFUND POLICY Because the Licensor provides a fully functional demo version of the Software for evaluation prior to purchase, all sales are final and no refunds shall be issued for purchased licenses. 13. DATA COLLECTION The Software collects and transmits the following information solely for the purpose of license activation, verification, and fraud prevention: (a) A machine fingerprint (hardware identifier); (b) Device name, hardware model, and operating system username; (c) The Software version and build number; (d) Your IP address (collected server-side during activation). No usage data, audio content, project files, presets, or any other user content is collected, transmitted, or stored by the Software. The data listed above is used exclusively for license management and is not shared with third parties. 14. ACTIVATION AND DEACTIVATION License activation requires an internet connection. You may deactivate your license on one machine to transfer it to another, subject to the three-machine limit. The Licensor reserves the right to revoke a license if fraudulent or abusive use is detected. 15. PRESS AND REVIEW USE You are permitted to use screenshots, audio recordings, and descriptions of the Software for the purpose of reviews, tutorials, demonstrations, or press coverage, provided that such use does not constitute redistribution of the Software itself. 16. TERMINATION This Agreement is effective until terminated. The Licensor may terminate this Agreement immediately if you breach any of its terms. Upon termination: (a) You must cease all use of the Software; (b) You must destroy all copies of the Software in your possession; (c) Sections 4 through 10, 17, 18, and 19 shall survive termination. 17. FORCE MAJEURE The Licensor shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, epidemics, government actions, network failures, power outages, or third-party service interruptions. 18. GOVERNING LAW AND JURISDICTION This Agreement shall be governed by and construed in accordance with the laws of Italy. Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of Rome, Italy. Nothing in this Agreement shall affect the statutory rights of consumers under the applicable consumer protection laws of the European Union or any EU member state. 19. SEVERABILITY If any provision of this Agreement is held to be unenforceable or invalid, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect. 20. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between you and the Licensor regarding the Software and supersedes all prior or contemporaneous understandings, communications, or agreements, whether written or oral. 21. AMENDMENTS The Licensor reserves the right to modify this Agreement at any time. Continued use of the Software after such modifications constitutes acceptance of the updated terms. 22. CONTACT For support, licensing inquiries, or legal matters: Fabrizio Annatelli Email: support@faas-audio.com