Subject to your compliance with this Agreement, GetYourGrooveOn ("GYGO") grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Software solely for personal or commercial audio production purposes.
This license does not constitute a sale. The Software is licensed, not sold.
You may:
Audio output created using the Software is entirely yours and may be freely distributed.
You may not:
Use of the Software requires an active GetYourGrooveOn user account. Unless otherwise stated at the time of purchase:
GYGO reserves the right to limit, suspend, or revoke activations in cases of abuse, fraud, or violation of this Agreement.
GYGO may provide updates, patches, or new versions at its discretion. Updates may modify or remove features. GYGO is not obligated to maintain any specific version or feature set. Where reasonably practicable, GYGO will notify users of material changes. Continued use of the Software after an update constitutes acceptance of any revised terms.
The Software, including all code, graphics, interfaces, sounds, and documentation, is owned by GYGO and protected by copyright and other intellectual property laws. Except for the limited license granted herein, no rights are granted to you.
GYGO may terminate or suspend this license immediately and without notice if you breach this Agreement. Upon termination, you must cease all use and uninstall all copies of the Software. Sections covering Ownership, Restrictions, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution, and Export Controls survive termination.
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GYGO DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, UNINTERRUPTED, OR COMPATIBLE WITH ALL SYSTEMS, DAWS, OR THIRD-PARTY SOFTWARE. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GYGO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, LOSS OF PROFITS, LOSS OF AUDIO PROJECTS OR RECORDINGS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF GYGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GYGO'S TOTAL CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SPECIFIC SOFTWARE LICENSE GIVING RISE TO THE CLAIM.
Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement or the Software that cannot be resolved informally shall be resolved by binding individual arbitration administered by JAMS under its applicable rules, rather than in court. The arbitration shall take place in California. The arbitrator's decision shall be final and binding.
Informal Resolution First. Before initiating arbitration, you agree to contact GYGO at support@getyourgrooveon.com and provide a written description of the dispute. Both parties agree to make a good-faith effort to resolve the matter within 30 days.
Class Action Waiver. YOU AND GYGO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.
Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights.
The Software is subject to United States export control laws, including the Export Administration Regulations. You may not download, use, or re-export the Software in violation of U.S. export laws or regulations, or to any person or entity on a U.S. government restricted party list. By using the Software, you represent that you are not located in a country subject to a U.S. government embargo and are not on any such restricted party list.
This Agreement is governed by the laws of the State of California, without regard to conflict of law principles. To the extent any matter is not subject to arbitration under Section 10, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in California.
If any provision of this Agreement is held unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
This Agreement, together with GYGO's Privacy Policy and Refund Policy, constitutes the entire agreement between you and GYGO with respect to the Software and supersedes all prior or contemporaneous understandings, whether written or oral.
GetYourGrooveOn · support@getyourgrooveon.com
