End User License Agreement

DJ Swivel Software License Agreement
This license agreement concerns and describes your rights and the conditions upon which you may use the DJ Swivel software you selected. We advise you to read this entire agreement. By accepting this agreement or by using DJ Swivel software, you agree to all of these terms. If you do not accept and comply with these terms, you may not use the DJ Swivel software or its features. All available software products for which this license agreement is applicable are listed on the Schedule A, located on the final page of this agreement.

Applicability
This license agreement applies to all the DJ Swivel software, plug-ins and programs you may use during the Evaluation period, and/or thereafter subject to an acquired license key to certain DJ Swivel software of any version, including any and all upgrades, supplements or services, unless other terms come with such versions, upgrades or supplements.

Licenses
The software will be licensed to the Customer, not sold. With the DJ Swivel license key, you will be granted after full payment the right in perpetuity (meaning that the license agreement shall not automatically expire) to install, run and use the software concerned under certain conditions. These conditions vary subject to the license you acquired. DJ Swivel distinguishes the following licenses:
A Personal License is a named license to the software concerned, granting access to the software on an unlimited number of Devices, as long the license is used by the designated person who acquired the DJ Swivel license key. Usage of the Personal license by someone else but the designated licensee is an infringement of the rights of DJ Swivel. The Customer should at all times protect its license key from theft and/or
abuse.
A Site License is a non-personal license to the DJ Swivel software concerned, acquired on the name of an institution or entity, who is the licensee. A Site License will grant access to the DJ Swivel software on a certain maximum number of designated Devices, as specified in the license key itself (e.g. “20 seats”). If the Site License is used on computers/servers for any form of automated processing, the licensee may not make any plug-in controls/parameters of the DJ Swivel software available to the end users of the DJ Swivel software.

These DJ Swivel licenses, whether a Personal or Site License, will give you access to certain DJ Swivel software of the specified major version. The license will include all future minor updates to the software (e.g. version 2.19 to version 2.20), which typically include bug fixes or small new features. The license will exclude any future new major versions of the products (e.g. version 1.x to version 2.x). To allow yourself access to
such new major version of the software, a new DJ Swivel license to such major version must be acquired.
All DJ Swivel licenses, both Personal or Site License, give the Customer or end user the right to install and use the DJ Swivel software to the extent it has been developed and under the conditions herein. Any rights not explicitly granted to you, the Customer, remain with DJ Swivel, including but not limited to the right to alter, reverse engineer, reverse compile, take apart, or disassemble the DJ Swivel software or any of the files in the distribution.
An Upgrade License is a Personal or Site License for a new major version of DJ Swivel software. You may only use an Upgrade License if you have a license for the previous major version of the same DJ Swivel software. Educational (EDU) and NFR licenses
A Personal or Site License can be marked as EDU (Educational) or NFR (Not For Resale), meaning the following:

  • A Personal or Site License marked as Educational License is equal to the respective Personal or Site License, with the only exception that the Educational License may not be transferred to a third party.
  • A Personal or Site License marked as NFR (“Not For Resale”), is typically intended for journalists that wish to review the DJ Swivel software. A License marked as NFR is equal to the respective Personal or Site License, with the only exception that the NFR License may not be transferred to a third party.

Duration and Evaluation
As specified in the specific terms per license, all licenses will be granted for perpetuity (meaning that the license agreement shall not automatically expire), as long as all conditions herein are respected. The Evaluation period is a period of fourteen (14) days commencing on the first day of using the software concerned and automatically expiring 14 days thereafter. After the Evaluation period has expired and no DJ Swivel license key has been acquired, the software will stop working and should be removed from your computer. In addition to any and all such possibilities that DJ Swivel may have in accordance with the law, DJ Swivel may terminate without prior notice or warning in case of abuse of the
DJ Swivel software as well as in case of (personal) bankruptcy.
Support DJ Swivel shall give its reasonable commercial efforts to service any major version of any DJ Swivel software including email support. DJ Swivel is entitled to terminate support for any major version of any DJ Swivel software at any time at its sole discretion.

Third Party Software
VST is a trademark of Steinberg Media Technologies GmbH. RTAS and AAX are trademarks of Avid Technology, inc. Audio Units is a trademark of Apple Computer, inc.

Applicable Law
This license agreement is governed by United States law. The courts of California are authorized courts to rule on any dispute that may arise from this license agreement.

Disclaimer
 TO THE MAXIMUM EXTENT PERMITTED BY LAW, DJ SWIVEL, AND JORDAN
YOUNG, AUTHORS OF THIS DJ SWIVEL PRODUCT, SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DJ SWIVEL, AND JORDAN YOUNG, DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE SOFTWARE WILL OPERATE ERROR-FREE OR UNINTERRUPTED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DJ SWIVEL, AND JORDAN YOUNG, SHALL NOT BE LIABLE FOR ANY DAMAGE A DJ SWIVEL PRODUCT MAY CAUSE OR DAMAGES THAT MAY ARISE OUT OF THE USE OF A DJ SWIVEL PRODUCT
OR INABILITY TO USE A DJ SWIVEL PRODUCT, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN NO EVENT SHALL DJ SWIVEL, OR JORDAN YOUNG BE LIABLE FOR AN AMOUNT IN EXCESS OF ONE HUNDRED AND FIFTY DOLLARS (150.00 USD).

Schedule A
1. THE SAUCE AUDIO FX PLUGIN APPLICATION
2. SPREAD AUDIO FX PLUGIN APPLICATION
3. BDE AUDIO FX PLUGIN APPLICATION