End-User License Agreement
1. Acceptance of Terms
This End-User License Agreement ("Agreement") is a legal agreement between you ("Licensee" or "you") and Juan Pedro Huici ("Licensor," "we," or "us") for the software product SessionTide, including any associated documentation, updates, and pre-release or beta builds (collectively, the "Software"). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree, do not install or use the Software.
2. Grant of License
Subject to your compliance with this Agreement, Licensor grants you a limited, non-exclusive, non-transferable, revocable license to install and use one copy of the Software solely for your own internal use in connection with your own Avid Pro Tools installation. This license does not grant you any rights to the Software's source code.
Your license key is issued for your own personal or studio use. The Software does not currently enforce a fixed device-activation limit; nonetheless, sharing, reselling, or distributing your license key to any other person violates this Agreement, and Licensor may revoke a license key found to be shared, resold, or otherwise used in violation of this Agreement.
3. Restrictions
You agree that you will not, and will not permit any third party to:
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software, except to the extent such restriction is expressly prohibited by applicable law notwithstanding this limitation;
- Copy, distribute, sell, sublicense, rent, lease, lend, or otherwise transfer or make available the Software, in whole or in part, to any third party;
- Modify, adapt, translate, or create derivative works based on the Software;
- Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices contained in or on the Software;
- Use the Software for any purpose that competes with Avid Technology, Inc. ("Avid") or its products.
4. Ownership and Third-Party Components
The Software is licensed, not sold. Licensor retains all right, title, and interest in and to the Software, including all intellectual property rights therein, except as expressly licensed under this Agreement.
The Software interoperates with Avid Pro Tools using Avid's Pro Tools Scripting SDK (PTSL). All Avid trademarks, software, frameworks, and interfaces accessed or used by the Software remain the exclusive property of Avid Technology, Inc. Nothing in this Agreement grants you any rights in or to Avid's intellectual property, and this Agreement does not modify or supersede any separate agreement or terms of use between you and Avid governing your use of Pro Tools. SessionTide is not affiliated with, endorsed by, or sponsored by Avid Technology, Inc.
5. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Licensor does not warrant that the Software will be error-free, uninterrupted, or that it will not alter or damage any Pro Tools session data. You are solely responsible for maintaining backups of any session or project data before using the Software, including before running any batch or multi-file operation.
You are entirely responsible for the consequences of any cleanup, sweep, or batch operation you initiate using the Software, regardless of the specific mechanism by which an unintended result occurs — including operations you configure, schedule, or run unattended.
6. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Licensor be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or revenue, arising out of or related to your use of or inability to use the Software, even if Licensor has been advised of the possibility of such damages. Licensor's total cumulative liability arising out of or related to this Agreement shall not exceed the greater of (a) one hundred U.S. dollars (USD $100) or (b) the amount actually paid by you for the Software in the twelve (12) months preceding the claim.
7. Export Compliance
You may not use, export, re-export, or transfer the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, the Software may not be exported or re-exported (a) into any country subject to a U.S. government embargo, or (b) to anyone on any U.S. government restricted-party or denied-persons list. By using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
8. No Redistribution
You may not distribute, share, or otherwise make the Software available to any other person or entity, whether for consideration or free of charge. Each user of the Software must obtain the Software, and accept this Agreement, directly from Licensor.
9. Beta and Pre-Release Software
If the copy of the Software you have received is identified as a beta, pre-release, or evaluation build, you acknowledge that it is provided for testing and feedback purposes only, may contain bugs or incomplete features, is not supported to the same standard as a general release, and may be discontinued or substantially changed at any time without notice.
10. Term and Termination
This Agreement is effective until terminated. Licensor may terminate this Agreement immediately if you fail to comply with any term herein. Upon termination, you must cease all use of the Software and destroy all copies in your possession or control.
11. Governing Law
This Agreement shall be governed by the laws of Argentina, without regard to its conflict of laws principles.
12. General
This Agreement constitutes the entire agreement between you and Licensor regarding the Software and supersedes all prior agreements or understandings, whether written or oral. If any provision of this Agreement is held unenforceable, the remaining provisions will remain in full force and effect. Questions about this Agreement can be directed to juanpedrohuici@gmail.com.