The object of this agreement is the Apisonic Software. apisonic-audio.com is the holder of all copyrights, rights of ownership, and other rights concerning the Software. By downloading, using, installing, purchasing or copying the Software, you (the “User”) confirm to have taken notice of all clauses of this agreement and that you acknowledge acceptance of all terms of this agreement.
Without written confirmation of apisonic-audio.com, the User has no permission to sell, license, give-away and/or distribute the Software, or parts of it in any way, on any medium, including the Internet, to any other person, including sub-licensors. This includes re-working the specification, or reverse-engineering any products based upon this specification. The User may not purchase, use, or access the Software or the Site for the purpose of building a competitive product or service for any other competitive purposes.
A perpetual license agreement grants the designated Licensee a non-exclusive license during the term of the agreement solely for the processing of audio within an audio editor, mobile application or digital audio workstation. Unless explicitly stated otherwise, all Apisonic licenses are single-user licenses. A license can only be used by the designated Licensee and on up to four (4) personal computer(s).
Subscription agreements are entered into by and between the entity or person placing the order for the service (designated "Client") and Apisonic or one of its authorized resellers. Subscription agreements include automatically recurring payments for periodic charges to use the Software (“Subscription Service”). A Client who activates a Subscription Service authorizes Apisonic or one of its authorized resellers to periodically charge, on a going-forward basis and until termination of the subscription agreement. The Client must cancel the subscription before it renews in order to avoid billing of the next period subscription fee to the subscription account.
Subscription agreements grant a non-exclusive right during the term of the agreement to use the Software solely for the processing of audio within and audio editor, mobile application or digital audio workstation. Unless explicitly stated otherwise, all Apisonic subscription services are single-user services. A subscription service can only be used by the designated Client of the service. The designated Client is permitted to install the software on up to four (4) personal computer(s).
A perpetual license designated as “educational”, “EDU”, “Not for Resale”, “Demo”, “beta” or “NFR” is not transferrable nor does it qualify for upgrades. One or more registered license(s) can only be transferred from the party relinquishing the license(s) (the transferor) to the party receiving the license(s) (the transferee) after payment of the applicable transfer administration fee, AND after Apisonic has received the required contact details (full name and valid email address) of both the transferor and transferee.
If a licensee has upgraded a Software license from version A to version B by acquiring an upgrade license, the license of version A is not transferrable unless combined with the license for version B in one single license transfer e.g. version A and version B are both transferred from one licensee (the transferor) to the party receiving both licenses (the transferee).
Software license transfers from transferors who have already acted as transferor of the same product in the past are not allowed; customers may transfer a particular product to another licensee only once.
A Software license can be transferred only once. A license that is or has been transferred is or will become a “Not for Resale” (NFR) license without account registration with Apisonic nor one of its authorized resellers.
Subscription agreements (Software as a Service, "Saas") are not transferrable. Cancelled licenses are not transferrable.
Apisonic-audio.com will not be liable for any consequential, special, incidental, direct or indirect damages of any kind, including the loss of data, damage of data-storage-devices, or any loss or damage to other programs being used, arising out of the use of the Site or Software, including any future up-dates.
Apisonic-audio.com provides the Software on an "AS IS" basis. Apisonic-audio.com makes no warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose, regarding the Software or Site or operation and use in combination with the User’s program. In no event shall apisonic-audio.com be liable for incidental or consequential damages arising from the use, or distribution of the Software or Site, whether theory of contract, product liability or otherwise. Apisonic-audio.com pan style="font-weight: normal"> may release improved versions of the Software but offers no commitment whatsoever that such releases will occur at any time or for anybody. Apisonic is not liable and makes no warranties for software updates introduced by third parties, such as vendors of plugin hosts, digital audio workstation software, computer operating systems, and alike.
Perpetual license agreements shall in principle run for an unlimited period. If the Licensee is in breach of any of its obligations set out in this agreement, apisonic-audio.com shall be entitled to terminate this agreement immediately and inform the Licensee about it. In such a case, this license and all the rights granted to the Licensee herein shall immediately cease.
Subscription agreements can be terminated by the Client, by Apisonic or by an authorize reseller through the account management web page of the authorized reseller of the agreement. Subscription agreements can only be terminated by the Client with a one-month interval. If the Client is in breach of any of its obligations set out in this agreement, apisonic-audio.com shall be entitled to terminate the agreement immediately and inform the Client about it. In such a case, the subscription agreement and all the rights granted to the Client herein shall immediately cease.
Apisonic-audio.com Software can be trialed and tested for an unlimited period of time. For this purpose, Apisonic provides free trial versions for all Software for prospective licensees and clients to reassure that the Software is working properly on their computer(s) before acquiring a license or entering a subscription agreement. In the highly unlikely event that the free trial version of a Software functions differently after acquiring a license or subscription agreement and in an unexpected manner, a refund can be requested but only within 14 days of purchase of the license of the date of entering the subscription agreement. Refunds can be accepted if and only if a license or subscription agreement obtained from Apisonic directly or through an authorised reseller. No refunds will be granted by Apisonic for licenses that have ever been transferred from one licensee to another licensee. A Software license designated as “educational”, “EDU”, “Not for Resale”, “Demo”, “beta” or “NFR” is not refundable. Subscription agreements are not refundable but can be terminated with a one-month interval.
Apisonic has the discretion to update the end-user license agreement at any time. Users acknowledge and agree that it is their responsibility to review the terms of this agreement periodically and become aware of modifications.
Apisonic may collect personally identifiable information (PII) from Users in a variety of ways and circumstances, including, but not limited to: when Users visit our Site, register on the Site, place an order, subscribe to the newsletter, respond to a survey, or fill out any form, and in connection with other activities, services, features or resources we make available on our Site or through social media. Users may be asked for their name, email address, mailing address, phone number, payment and/or credit card information, as appropriate. For security and audit purposes we may collect the IP address, date and time of user interactions and data traffic related to the Site.
Users may, however, visit our Site anonymously. Users may always refuse to supply personally identification information, though this may prevent them from engaging in certain Site-related activities, services, product support and purchases.
Apisonic may collect non-personally identifiable information about Users whenever they interact with our Site and Software. Non-personally identifiable information may include browser name, type of computer, referrer URLs, and technical information about the User’s means of connecting to our Site, such as the operating system, the Internet service provider utilized and other similar information.
Apisonic may use aggregate information to personalize the user experience and to understand how the Users as a group use the services and resources provided on the Site. Apisonic may use collected information to improve the Site and its offerings. Apisonic may use collected information to improve customer service. Apisonic may use collected information to process and validate purchases, transactions and software licenses. Apisonic may use the information Users provide about themselves when placing an order to provide service for that particular order. Apisonic may use collected information to send Users information that we think will be of interest to them. This may include periodic emails informing Users about product updates, launches, sales, company news or service information etc. Users who wish to unsubscribe from this information will be able to do so at any time by following the instructions found at the bottom of each information email they receive from Apisonic. Apisonic does not sell, trade, or rent out Users’ personal identification information to other parties. Apisonic may however share your personal information with third-party service providers only to help operate its business, such as sending out newsletters, processing of payments, distribution of activation codes, validation and administration of software licenses, etcetera.
Apisonic uses Google Analytics, a service which transmits website traffic data to Google servers in the United States. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports provided by Google Analytics to help us understand website traffic and Site usage.
A customer has the right to demand access to personally identifiable data. Personally identifiable information of customers cannot be erased due to financial and legal requirements unless the last customer transaction took place more than 10 years ago. Apisonic and its resellers use customer's email address to distribute, manage, activate, deactivate and provide support for its software products. Upon erasure of personally identifiable information held by Apisonic or its reseller(s), all software licenses held by customer will automatically be cancelled. No updates, support nor discounts can be provided after erasure of personally identifiable information, nor can cancelled, lost or damaged licenses be recovered or transferred by Apisonic or any of its resellers.
Apisonic follows appropriate data collection, storage and processing practices and suitable security measures in order to protect against unauthorised access, alteration, disclosure or destruction of your personal information, username, password, transaction information, and all other data stored on our Site. Submitted forms, payment and purchase data exchanges between the Site, Apisonic , its partners and its Users happens over a secured SSL communication channel and is encrypted and protected with digital signatures.
By using this Site, you signify your acceptance of all terms provided in this policy. If you do not agree to this policy, please do not use this Site. If you continue to use the Site after changes to this policy are posted, you will be considered as having accepted those changes.