Please read this licence carefully before downloading or using the software. By downloading or using the software, you are agreeing to be bound by the terms of this licence.
This End User License Agreement (“Agreement”) is between QiOO (“Licensor”), and the person or entity (“User”) installing or using SUBTERRAIN (“plug-in“). By installing or using the software, the User accepts this Agreement.
Subject to payment and compliance with this Agreement, Licensor grants the User a personal, non-exclusive, non-transferable license to install and use the plug-in for music and audio production. Audio works created with the software may be used commercially without additional royalties to Licensor.
The User may not redistribute, sublicense, sell, rent, share, or make the software or activation credentials available to another person. The User may not circumvent licensing or technical protection measures. Reverse engineering is prohibited only to the extent permitted by applicable law; mandatory statutory rights remain unaffected.
The plug-in and its accompanying materials are licensed, not sold. All rights not expressly granted remain with Licensor and the respective owners of third-party components.
Updates, compatibility changes, support, and online services may be provided at Licensor’s discretion unless separately promised in writing or required by mandatory law. We provide the software "as is," and you use the software at your own risk. We make no warranties as to performance, merchantability, fitness for a particular purpose, or any other warranties whether expressed or implied. No oral or written communication from or information provided by Us shall create a warranty. Futhermore we do not warrant that defects in the software will be corrected. The Licensor may stop support of the software without prior note to the User at any time.
Mandatory consumer rights remain unaffected. Otherwise, the software is provided without guarantees beyond those expressly stated. Nothing in this Agreement excludes liability that cannot legally be excluded, including liability for intent, gross negligence, injury to life, body or health, or under mandatory product-liability law. Under no circumstances shall We be liable for direct, indirect, special, incidental, or consequential damages resulting from the use, misuse, or inability to use this software, even if We have been advised of the possibility of such damages. In no event shall Our total liability to you for all damages, losses, and causes of action (whether in contract, tort including negligence, or otherwise) exceed the amount paid by you for the Software.
This Licence is effective until terminated. You may terminate this Licence at any time by destroying the Software and related documentation. This Licence will terminate immediately without notice from the Licensor if you fail to comply with any provision of this Licence. Upon termination you must destroy the Software and related documentation. Upon termination you shall remain subject to the provisions, restrictions, and exclusions in this Licence Agreement and shall have no right to any refund of any amounts paid for the Software. No termination shall release you from liability for any breach of this Licence Agreement.
You acknowledge that you have read this Licence Agreement and understand it, and agree to be bound by the terms and conditions. You also agree that the Licence Agreement is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of the Licence Agreement. No amendment to or modification of this Licence will be binding unless in writing and signed by a duly authorised representative of the Licensor.
You agree that this agreement is governed by laws of Germany and of the city Kassel. The United Nations Convention on Contracts For The International Sale Of Goods is not applicable to this agreement.