This agreement is between you and Stanley Henryk Smolak IV, trading as B3 Music (“B3 Music”, “we”, “us”). It covers Sound and Vision (the “Plugin”) — the software, its installers, and any updates we provide.

Installing, activating or using the Plugin means you accept this agreement. If you do not accept it, do not install the Plugin, and ask for a refund under our Refund Policy.

1. What you get

We grant you a personal, non-exclusive, non-transferable licence to install and use the Plugin, for as long as this agreement lasts.

The licence is for one person — you. You may install the Plugin on as many computers as you like, but it may be activated on up to three (3) computers at a time. You can deactivate a computer yourself from inside the Plugin to free a slot and move to another machine.

You may use the Plugin for any purpose, personal or commercial. Music you make with it is yours. We claim no rights in your recordings, projects or presets.

2. Activation

Activating requires an internet connection once. The Plugin sends your licence key and your computer’s name to our licensing provider so the activation can be counted. After that the Plugin works offline indefinitely. It re-checks your licence occasionally when you happen to be online, and a failed check caused by being offline never disables it. Exactly what is sent, and when, is set out in our Privacy Policy.

3. Trial

The Plugin runs with all features, for three (3) days from first use, without a licence key.

When the trial ends the Plugin stays installed and loads in your projects, but produces no sound until a key is entered. We are telling you this plainly so it is not a surprise: an expired trial will silence that track. Entering a valid key restores audio immediately.

4. What you may not do

• Share, sell, lend, rent, sub-licence or publish your licence key.
• Redistribute the Plugin or its installer, in whole or in part.
• Remove or work around the licensing, trial or activation system.
• Reverse engineer, decompile or disassemble the Plugin — except where, and only to the extent that, applicable law gives you that right despite this clause, such as for interoperability.

5. Ownership

The Plugin is licensed, not sold. We and our licensors keep all intellectual property rights in it. You get the rights set out in section 1 and nothing more.

6. Updates

Updates to the Plugin are included with your licence at no extra cost. We are not obliged to produce any particular update, or to support old operating systems or plugin formats forever.

7. Ending this agreement

This agreement lasts until it ends.

You can end it at any time by uninstalling the Plugin and deactivating your machines.

It ends automatically if you break section 4, or if your purchase is refunded or charged back — a refund deactivates the key, and the Plugin returns to its trial-then-silent behaviour. When it ends, stop using the Plugin and remove it from your computers.

8. Warranty disclaimer

The Plugin is provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Plugin will be uninterrupted, error-free, or compatible with any particular host, operating system or hardware.

9. Limitation of liability

To the fullest extent permitted by law, our total liability to you arising out of or relating to the Plugin or this agreement will not exceed the amount you actually paid for the Plugin.

We will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost data, or lost or corrupted recordings, sessions or projects — even if we have been advised that such damage is possible.

Back up your work. Audio software runs inside other people’s hosts, on your hardware, and things go wrong.

10. Rights we cannot take away

Nothing in this agreement excludes or limits anything that cannot lawfully be excluded or limited. That includes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, and any rights you have under the Massachusetts Consumer Protection Act (M.G.L. c. 93A).

If you are a consumer in the European Union or the United Kingdom, you keep your statutory rights, and sections 8 and 9 apply only so far as the law there allows.

If any part of this agreement is held unenforceable, the rest stays in force.

11. Governing law

This agreement is governed by the laws of the Commonwealth of Massachusetts, United States of America, without regard to its conflict-of-laws rules, and the state and federal courts located in Massachusetts have jurisdiction.

If you are a consumer, this does not deprive you of the protection of the mandatory laws of the country where you live.

12. Changes

We may update this agreement for future versions of the Plugin or for legal reasons. The version published here on the day you bought your licence is the one that governs that purchase, unless you accept a newer one. The date at the top of this page shows when it last changed.

13. Contact

Stanley Henryk Smolak IV, trading as B3 Music — [email protected]