Microfreak/UG/23 Software License Agreement
23 Software License Agreement
- Arturia (the Licensor) grants the Licensee a nonexclusive right to use this copy of the software in return for a license fee included in the purchase price. Arturia SA owns all intellectual property rights in the software. Copying, downloading, installing, and using the software are subject to this agreement.
- Product activation protects against unlawful copying. OEM software requires registration, and activation requires internet access.
- Installing the software means accepting these terms. If the terms are unacceptable, do not install it. Return the product, including all written material, complete undamaged packaging, and enclosed hardware, to the seller immediately and no later than 30 days after purchase for a refund.
1. Software Ownership
- Arturia retains full title to the software and every copy, regardless of the media or form in which the original or copies exist. The license does not sell the original software.
2. Grant of License
- Arturia grants a nonexclusive license to use the software under this agreement.
- The Licensee may not lease, lend, or sublicense the software. Network use is illegal where the program could be used simultaneously by multiple users.
- The Licensee may make one backup copy for storage purposes only. The Licensee has no rights beyond those specified in the agreement; Arturia reserves all rights not expressly granted.
3. Activation of the Software
- Arturia may require software activation and OEM software registration to control licenses and protect against unlawful copying. The software will not work if the Licensee rejects the agreement.
- In that case, the product, including the software, may be returned only within 30 days of acquisition. A claim under Microfreak/UG/23 Software License Agreement/11 Consequential Damages does not apply upon return.
4. Support, Upgrades, and Updates after Product Registration
- Support, upgrades, and updates are available only after personal product registration. Support covers the current version and the previous version for one year after a new version is published. Arturia may change the form or extent of support, upgrades, and updates at any time.
- Registration can occur during activation or later over the internet. It requires agreement to the storage and use of the Licensee’s name, address, contact details, email address, and license data for the purposes described in the agreement. Arturia may share these data with engaged third parties, especially distributors, for support and to verify upgrade or update eligibility.
5. No Unbundling
- The software is licensed as one product, although the Licensee need not install or use every component. The Licensee may not rearrange components to create a modified version or new product, or modify the software configuration for distribution, assignment, or resale.
6. Assignment of Rights
- The Licensee may transfer all software-use rights to another person only if the Licensee transfers this agreement and the software or accompanying hardware, including all copies, upgrades, updates, backup copies, and previous versions that granted upgrade or update rights; retains none of those versions or copies; and the recipient accepts this agreement and the other rules under which the valid license was acquired.
- After the transfer, the product cannot be returned because the recipient rejects the agreement, including its activation requirements.
7. Upgrades and Updates
- Using an upgrade or update requires a valid license for the previous or lower software version. Transferring that version to a third party ends the right to use its upgrade or update.
- Acquiring an upgrade or update alone grants no right to use the software. Installing one ends support rights for the previous or lower version.
8. Limited Warranty
- Arturia warrants that the supplied software disks are free from defects in materials and workmanship under normal use for 30 days from purchase. The receipt establishes the purchase date. Implied warranties on the software are limited to 30 days, where permitted by state law.
- Programs and accompanying materials are provided “as is,” without warranty. The Licensee bears all risk for their quality and performance and all costs of necessary servicing, repair, or correction if a program is defective.
9. Remedies
- At Arturia’s option, its entire liability and the Licensee’s exclusive remedy are either a refund of the purchase price or replacement of a disk that fails to meet the limited warranty, returned to Arturia with a copy of the receipt.
- This warranty is void if software failure results from accident, abuse, modification, or misapplication. Replacement software is warranted for the remainder of the original warranty period or 30 days, whichever is longer.
10. No Other Warranties
- The stated warranties replace all other express or implied warranties, including merchantability and fitness for a particular purpose. Information or advice from Arturia or its dealers, distributors, agents, or employees creates no warranty and does not expand the limited warranty.
11. No Liability for Consequential Damages
- Arturia and others involved in creating, producing, or delivering the product are not liable for direct, indirect, consequential, or incidental damages arising from use or inability to use it. Examples include lost business profits, business interruption, and lost business information. This limitation applies even if Arturia was advised that such damages were possible.
- State law may prevent limits on implied warranties or exclusions or limits on incidental or consequential damages, so these provisions may not apply. The warranty gives the Licensee specific legal rights, and other rights may vary by state.