This agreement contains important license restrictions, warranty disclaimers, and limits on liability. Read it before installing or using the Software.
This End User License Agreement (“EULA”) is a legal agreement between you and Abyssal Audio for the Abyssal Audio software product you acquire, including its plugin formats, standalone application, factory content, documentation, updates, and related files (collectively, the “Software”).
By purchasing, downloading, installing, activating, accessing, or using the Software, or by selecting an option that states you accept this EULA, you agree to these terms. If you do not agree, do not install, activate, or use the Software.
1. License grant
Subject to payment of any applicable purchase price and your continued compliance with this EULA, Abyssal Audio grants you a limited, non-exclusive, revocable, non-sublicensable license to install and use the Software.
A license is assigned to one named user. That user may activate and use the Software on up to three (3) computers under that user’s personal control. A business, studio, school, or other organization must obtain a separate license for each individual user who operates the Software.
You may request a license transfer by contacting Abyssal Audio. A transfer is permitted only with prior written approval, after the Software has been deactivated and removed from the transferring user’s computers.
2. Permitted use and your audio
You may use the Software for personal, educational, professional, and commercial music and audio production, recording, mixing, live performance, broadcast, streaming, and client work.
You own the original recordings, performances, mixes, and other audio you create with the Software, subject to any rights held by other contributors or licensors. You may distribute and monetize that audio without royalties owed to Abyssal Audio.
The right to use and distribute rendered audio does not include any right to distribute the Software, its components, factory assets, license credentials, or substantially extractable portions of them.
3. Trial and evaluation licenses
If Abyssal Audio offers a trial or evaluation license, it is provided only for temporary evaluation of the Software. The trial period begins when you deliberately start or activate the trial and ends at the time stated in the Software or accompanying offer.
Trial licenses are subject to this EULA, may contain technical limitations, and may stop functioning when the trial expires. You may not reset, extend, bypass, or interfere with a trial period or its enforcement.
4. Restrictions
Except where applicable law expressly permits an activity that cannot be restricted by contract, you may not:
- copy the Software except for reasonable backup and installation purposes;
- sell, rent, lease, sublicense, publish, distribute, or share the Software or any license key, activation credential, account, or installer access;
- make the Software available as a hosted service, shared studio service, rental system, or other arrangement that allows unlicensed users to operate it;
- modify, translate, adapt, reverse engineer, decompile, disassemble, or attempt to derive source code, model data, algorithms, or other non-public components of the Software;
- circumvent, disable, tamper with, or defeat activation, license verification, trial enforcement, copy protection, or other technical safeguards;
- remove or alter copyright, trademark, attribution, or other proprietary notices; or
- use the Software in violation of applicable law or the rights of another person.
5. Activation and license verification
The Software may require a valid license key, account, device activation, or periodic license verification. Activation limits are part of the license grant and do not create ownership rights in the Software.
License verification may transmit limited technical and transaction information needed to confirm entitlement, prevent abuse, provide support, and maintain activation records. Abyssal Audio’s Privacy Policy governs data handled by Abyssal Audio. A merchant of record or licensing provider may also process information under its own terms and privacy policy.
If you replace or retire a computer, available activations may be managed through the supported license system or by contacting Abyssal Audio.
6. Ownership
The Software is licensed, not sold. Abyssal Audio and its licensors retain all right, title, and interest in the Software, including all copyrights, trademarks, trade secrets, models, DSP, code, graphics, audio assets, documentation, and other intellectual property.
All rights not expressly granted by this EULA are reserved. No ownership interest in the Software transfers to you.
7. Third-party components
The Software may include third-party or open-source components. Those components may be governed by separate notices or license terms included with the Software. Where a third-party license conflicts with this EULA for that component, the third-party license controls only for that component.
8. Updates, support, and compatibility
Abyssal Audio may provide updates, fixes, upgrades, or replacement builds. Unless accompanied by separate terms, those releases are part of the Software and governed by this EULA.
Abyssal Audio does not promise that every product will be updated indefinitely or remain compatible with every operating system, host, plugin format, processor architecture, or third-party product. Published system requirements apply to the identified Software version.
Support is provided through the channels and policies published by Abyssal Audio. Support does not include responsibility for unsupported systems, modified software, third-party failures, or configurations outside the published requirements.
9. Purchases and refunds
Purchases may be processed by an authorized reseller or merchant of record. Payment, taxes, order processing, and refunds may also be governed by the terms presented by that provider at checkout.
Refund requests are governed by the refund policy applicable at the time of purchase and by consumer rights that cannot lawfully be waived. Nothing in this EULA limits any mandatory refund, warranty, or consumer protection right.
10. Termination
This EULA remains effective until terminated. Your license terminates automatically if you materially breach this EULA and fail to cure the breach when a cure is reasonably possible.
After termination, you must stop using the Software, deactivate it where possible, and delete all copies under your control. Sections concerning restrictions, ownership, termination, disclaimers, liability, governing law, and general terms survive termination.
11. Warranty disclaimer
To the maximum extent permitted by law, the Software is provided “as is” and “as available.” Abyssal Audio disclaims all implied warranties, including merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade.
Abyssal Audio does not warrant that the Software will be uninterrupted, error-free, compatible with every system, or suitable for every production. Nothing in this section excludes warranties or consumer rights that cannot lawfully be excluded.
12. Limitation of liability
To the maximum extent permitted by law, Abyssal Audio will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, lost revenue, lost recordings, lost data, business interruption, or the cost of substitute products, arising from or related to the Software.
To the maximum extent permitted by law, Abyssal Audio’s total aggregate liability arising from or related to the Software will not exceed the amount you paid for the specific Software giving rise to the claim.
These limitations do not apply to liability that cannot lawfully be limited or excluded. Some jurisdictions provide rights that override part of this section, and those rights remain unaffected.
13. Governing law and disputes
This EULA is governed by the laws of the State of Texas and applicable United States federal law, without regard to conflict-of-law rules.
Any dispute arising from or relating to this EULA or the Software may be brought in a court of competent jurisdiction located in Texas, and each party consents to personal jurisdiction and venue in those courts, except where applicable consumer law requires another forum.
This EULA does not require arbitration and does not contain a class-action waiver. Either party may use small-claims court when the claim qualifies.
14. General terms
This EULA and any additional terms expressly presented with the Software form the entire agreement concerning your license to the Software and replace prior discussions about that license.
If any provision is held unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect. Failure to enforce a provision is not a waiver.
You may not assign this EULA without Abyssal Audio’s prior written consent. Abyssal Audio may assign this EULA in connection with a merger, acquisition, reorganization, or sale of the relevant business or assets.
Abyssal Audio may update this EULA for future purchases or future Software versions. A material change affecting an existing license will apply when you affirmatively accept it or when otherwise permitted by law.
15. Contact
Questions about this EULA, licensing, or permissions may be sent to support@abyssalaudio.com.