End User License Agreement (EULA)
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THE FOLLOWING IS A LEGAL AGREEMENT BETWEEN YOU ("LICENSEE") AND TWISTED TOOLS, LLC. ("Twisted Tools") FOR USE OF THE SOFTWARE PROVIDED BY LICENSEE . READ THIS AGREEMENT CAREFULLY BEFORE YOU CLICK ON THE “I ACCEPT” OPTION AT LOGIN PAGE DURING INSTALLATION. BY CLICKING ON THE “I ACCEPT” OPTION, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE CONDITIONS, YOU MUST NOT PROCEED WITH THE INSTALLATION.
SOFTWARE. “Software” means the Twisted Tools executable software products accompanying this Agreement ('EULA'), along with any additional media and/or user documentation.
REGISTRATION / INSTALLATION / AUTHORIZATION
It is required that you install the Licensed Software using the provided software installer in order to receive a serial number that enables you to use the Licensed Software on your computer and ensure a properly functioning product. Certain products may require additional software from a third party for license activation and activation as indicated in the product specifications on our website. Using a Twisted Tools Product that was not installed and activated using an official version of the software installer obtained directly from our website is not permitted. If you have indirectly obtained a copy of the Twisted Tools installation software ('Toolbox') from another website or source, you must not proceed with the installation. This license agreement only covers installations made using the official installation software downloaded directly from our site.
In order to register and activate the Licensed Software, you need to create an account on our website (https://twistedtools.com) and enter your name, email address and postal address. This data is stored together with the serial number in our website database which uses SSL encryption. You will then log-in to your account using the Twisted Tools installation software ('Toolbox') which transmits the encrypted data across the web.
Should Twisted Tools, for whatever reasons, no longer be able to fulfill its obligations to deliver the serial number for the Licensed Software using the installation software ('Toolbox'), it will provide Licensee with a serial number on written request from the Licensee. The Licensee must send written requests to [email protected]
If you want to use the Software on a different computer, or if you make extensive changes to your computer, you will need to re-activate your Software on that computer.
SCOPE OF USE
Twisted Tools products are protected by law and remain the intellectual property of Twisted Tools. The Products from Twisted Tools are licensed, not sold to the user. The Licensee acquires the right to use the product as outlined in this agreement.
Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.
Licensee may not copy, loan, distribute, rent, lease, adapt, decompile, disassemble, modify or otherwise reverse engineer the Software beyond the scope expressly granted in this Agreement without written consent from Twisted Tools. Any other use or exploitation not explicitly granted to Licensee in this Agreement shall not be allowed without written consent from Twisted Tools.
Twisted Tools grants Licensee the non-exclusive right without restrictions in time or place to use the Products. Twisted Tools is not required to provide the source code or any internal documentation or development information or plans.
Licensee may install and use the licensed software on two personal devices, provided that the software is used only on one computer regularly. Simultaneous use on more than one computer is not permitted without purchasing additional licenses for those devices. If the single computer is connected to a multi-user system, this EULA applies to all users of the system. All software on the hardware used must be deleted in the event that the Licensee changes their hardware.
Licensee may copy the licensed software, only if necessary for the agreed use as outlined in this EULA. Licensee is authorized to create a backup, if this is necessary to secure the future use for the Licensee.
Licensee is not authorized to modify the software, unless it is to preserve or restore the agreed functions of the software purchased.
In the event that sound recordings ('Samples') are a part of the purchased Software the following applies:
The provided product can be used for commercial or non-commercial music and audio productions without the prior permission from Twisted Tools.
The Samples contained within the product may not be resold as part of another sample library or collection of audio recordings using the recordings, in whole or in part.
Using this Product for the creation of a sound library or as a sound library for any kind of instrument or sample-based product is strictly prohibited.
The individual Samples and Presets contained within the Product, or installed alongside the Product, may not be distributed (commercially or otherwise) in whole or in part.
Manipulated or modified recordings of the Samples may not be sold or distributed.
Any Software provided to you by Twisted Tools as a Bundle or Membership Plan (for example, Total Access) can only be resold or transferred as a whole. The individual components of a bundle or obtained as part of a Membership Plan must not be resold or transferred separately. Any software purchased as a part of a Membership Plan, such as the annually renewable 'Total Access' plan, is subject to a limited period of customer support and a limited update period. You can find specific details regarding your Twisted Tools Membership Plan by visiting our website and login into your account.
Any Products provided to you by Twisted Tools or that are labeled as "NFR" (Not For Resale) shall only be used for testing, demonstration and evaluation purposes. NFR Products must not be resold, transferred or used for commercial purposes of any kind. NFR Products are exempt from any additional offers, specifically upgrades, updates, cross-grades, coupons and vouchers.
Any Products provided to you by Twisted Tools or that are labeled as " EDU" (Educational) shall only be used by students, faculty or staff in educational facilities such as public schools, colleges, universities and trade schools. EDU Products must not be used for commercial purposes, and must not be resold or transferred. EDU Products are exempt from any additional offers, specifically upgrades, updates, cross-grades, coupons and vouchers.
Any Products provided to you by Twisted Tools or that are labeled as "Demo Versions" shall only be used for testing, demonstration and evaluation purposes. Demo Products must not be resold, transferred or used for commercial purposes of any kind. DEMO Products are exempt from any additional offers, specifically upgrades, updates, cross-grades, coupons and vouchers.
If you are not sure which license type you own, you must not proceed with the installation and must contact Twisted Tools by email at [email protected] to clarify any remaining doubts. Failure to do so will result in a breach of the license agreement.
THIRD PARTY RIGHTS
Some content included in Twisted Tools software Products, as well as any associated intellectual property rights and titles, belongs to third parties. This content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms and conditions from the third party providing the content.
YOUR DUTY TO PROTECT THE SOFTWARE
Serial numbers, copyrights and any other features of the program may not be removed from the software or altered in any way.
LICENSE FEE
Twisted Tools has two types of license fee structure. If Licensee is not sure or unclear about which type of license they've purchased, the Licensee must contact Twisted Tools in writing and request the information about the license they've obtained before proceeding with installation and before accepting the terms and conditions.
The original purchase price paid by the Licensee will constitute the entire license fee for the current version of the Software, unless the Software was purchased as part of a Membership Plan, in which case the license fee constitutes the entire licensee fee for the duration of the Licensee's Membership Plan. Some membership plans may have differing conditions and limitations, which will be disclosed at the time of purchase or in other communications made available to you. You can find specific details regarding your Twisted Tools membership by visiting our website account area and viewing your order details.
LIMITATION OF LIABILITY
The Software is provided by the Vendor and accepted by the Licensee "as is". Liability of the Vendor will be limited to a maximum of the original purchase price of the Software. Twisted Tools will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.
Twisted Tools makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.
Twisted Tools does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.
WARRANTS AND REPRESENTATIONS
Twisted Tools warrants and represents that it is the copyright holder of the Software. Twisted Tools warrants and represents that granting the license to use the Software is not in violation of any other agreement, copyright or applicable statute.
ACCEPTANCE
All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee ("Acceptance") on installation of the Software.
USER SUPPORT
Basic customer support will be provided by email or chat support. Twisted Tools will make efforts to answer support requests within 72 hours, but can not guarantee a response within that timeframe. Twisted Tools will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the failure to provide within any given timeframe.
Priority customer support, such as that which may be offered with a Membership Plan, will be provided by email or chat support. Twisted Tools will make efforts to respond to support requests within 24 hours, but can not guarantee a response within that timeframe. Twisted Tools will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the failure to provide within any given timeframe.
The Licensee will be entitled to maintenance updates and bug fixes, at no additional cost, unless the Licensee purchased a Membership Plan in which case maintenance updates and bug fixes are only offered while their Membership Plan is active. Updates to Software made after a Membership Plan has been paused or cancelled will not be made available without reactivating your plan, however you will continue to have access to the latest available version based on the time your plan lapsed in perpetuity.
TERM
The term of this Agreement will begin on acceptance of this agreement and is perpetual.
TERMINATION
This agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of the Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly permanently erase the Software.
FORCE MAJEURE
Twisted Tools will be free of liability to the Licensee where Twisted Tools is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, tsunami, and war or any other unforeseen or uncontrollable event where Twisted Tools has taken any and all appropriate action to mitigate such an event.
GOVERNING LAW
The Parties to this Agreement submit to the jurisdiction of the courts of the State of California for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of California.
MISCELLANEOUS
Twisted Tools, and only Twisted Tools, reserves the right to update this agreement. It is the responsibility of the Licensee to review this agreement when making future purchases from Twisted Tools as the contents of this agreement may change.
This Agreement does not create or imply any relationship in agency or partnership between Twisted Tools and the Licensee.
Headings are inserted for the convenience of the parties and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and feminine gender and vice versa.
If any term, covenant, condition or provision of this Agreement is held by the court of competent jurisdiction to be invalid, void, unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
NOTICES
All notices to Twisted Tools under this Agreement are to be provided at the following address:
Twisted Tools: 548 Market St. #68347 San Francisco, CA 94104 USA
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