FlickSwitch Audio Software License Agreement

This license agreement concerns and describes your rights and the conditions upon which you may use the FlickSwitch Audio software you selected. We advise you to read this entire agreement. By accepting this agreement or by using FlickSwitch Audio software, you agree to all of these terms. If you do not accept and comply with these terms, you may not use the FlickSwitch Audio software or its features.

Applicability

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

Licenses

The FlickSwitch Audio software will be licensed to the Customer, not sold. After full payment you will be granted a FlickSwitch Audio license key, which will give you the right to install, run and use the FlickSwitch Audio software under the given conditions. These conditions vary subject to the license you acquired. FlickSwitch Audio distinguishes the following licenses to FlickSwitch Audio software (“the software”):

Personal License
A Personal License is a named license to the software concerned granting the designated person who acquired the FlickSwitch Audio license key access to the software on two (2) devices. Usage of the Personal License by someone else other than the designated licensee is an infringement of the rights of FlickSwitch Audio. The Customer should at all times protect its license key from theft and/or abuse.

Site License
A Site License is a non-personal license to the FlickSwitch Audio software concerned, granting the designated institution or other legal entity that acquired the FlickSwitch Audio license key access to the software. A Site License will grant access to the software on the maximum number of designated Devices, specified in the license key itself (e.g. “2 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 or parameters of the FlickSwitch Audio software available to the end users of the FlickSwitch Audio software; only “black box” processing is allowed. 
These FlickSwitch Audio licenses, whether a Personal or Site License, will give you access to FlickSwitch Audio 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. 
All FlickSwitch Audio licenses give the Customer or end user the right to install and use the FlickSwitch Audio software to the extent it has been developed and under the conditions herein. Any rights not explicitly granted remain with FlickSwitch Audio, including but not limited to the right to alter, reverse engineer, reverse compile, take apart, or disassemble the FlickSwitch Audio software or any files in the distribution.

Bundle License
A Bundle License is a Personal or Site License for multiple FlickSwitch Audio software products, granting the Customer or end user the right to install and use the specific software products contained in the bundle at the time of purchase. Any products or new major versions added after that date are not included. A Bundle License (if not Educational or NFR) may only be transferred as a whole using a License Transfer.

Upgrade License
An Upgrade License is a Personal or Site License for a new major version of FlickSwitch Audio software. You may only use an Upgrade License if you have a license for the previous major version of the same FlickSwitch Audio software.

Educational (EDU) and NFR Licenses

A Personal or Site License may be marked as Educational (EDU) or Not For Resale (NFR):
Educational License: identical to the corresponding Personal or Site License, except it may not be transferred to a third party.
NFR License: typically intended for review or evaluation purposes. It is identical to the corresponding Personal or Site License, except it may not be transferred to a third party.

Duration and Trial
All licenses are granted in perpetuity, unless cancelled due to non-compliance with this agreement.
To verify compliance, the FlickSwitch Audio software may periodically contact FlickSwitch Audio servers and collect limited technical data (device ID, device name, and license key identifier). If usage is found to be non-compliant, access to the software may be denied. 
The trial period lasts seven (7) days from first use. After the trial period expires without acquisition of a FlickSwitch Audio license key, the software will cease functioning and must be removed. 
FlickSwitch Audio may terminate this license without notice in cases of abuse, fraud, or personal bankruptcy, in addition to any remedies available under law.

Support 
FlickSwitch Audio will make reasonable commercial efforts to support any major version of its software, including email support. Support may be discontinued for any major version at FlickSwitch Audio’s 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 Australian law. The courts of New South Wales are the authorized courts to rule on any dispute arising from this license agreement.

Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLICKSWITCH AUDIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. FLICKSWITCH AUDIO DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE ERROR-FREE OR UNINTERRUPTED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLICKSWITCH AUDIO SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL FLICKSWITCH AUDIO BE LIABLE FOR AN AMOUNT EXCEEDING TWO HUNDRED FIFTY AUSTRALIAN DOLLARS (AUD 250.00).