Terms and Conditions
These terms and conditions cover all files provided with the exception of the VSTHost executable which is provides free of charge with each purchase under terms and conditions as set out by its author Hermann Seib and which can be found by clicking this link. It also excludes any PDF documentation. These files are hereinafter referred to as the Software.
Purchase and use of any of the Software assumes that you have read and agreed to the terms and conditions laid out here. Do not proceed purchasing any of our Software if you do not agree with these terms and conditions.
In the text below, the author of the Software is Maarten de Vries, being the person who designed and wrote the software.
- License Grant. Subject to the payment of the purchase fee, and subject to the terms and conditions of this Agreement, the author hereby grants to you a non-exclusive, non-transferable right to use one copy of the specified version of the Software. You may install one copy of the Software on one computer or workstation.
- Use. The Software is licensed as a single product; it may not be used on more than one Client Device or by more than one user at a time, except as set forth in Section 1. The Software is "in use" on a Client Device when it is loaded into the temporary memory (i.e., random-access memory or RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that Client Device.
This license authorizes you to make one copy of the Software solely for backup or archival purposes, provided that the copy you make contains all of the Software's proprietary notices.
- Term. This Agreement is effective for an unlimited duration unless and until earlier terminated as set forth herein. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must destroy all copies of the Software. You may terminate this Agreement at any point by destroying all copies of the Software.
- Updates. If updates to the original Software are made available in the same version of that Software, then you may be entitled a copy at no extra cost. The decision will be at the discretion of the author, as it depends on the management of different versions of the Software. There is no obligation on the author to update the Software however.
- Ownership Rights. The Software is protected by Scottish copyright laws and international treaty provisions. The author owns and retains all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement.
All copies of the Software made hereunder must contain the same proprietary notices that appear on and in the Software.
- Restrictions. You may not rent, lease, loan or resell the Software. You may not permit third parties to benefit from the use or functionality of the Software via a timesharing, service bureau or other arrangement, except to the extent such use is specified in the applicable list price or product packaging for the Software. You may not transfer any of the rights granted to you under this Agreement. You may not reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law.
You may not modify, or create derivative works based upon, the Software in whole or in part. You may not copy the Software or Documentation except as expressly permitted in Section 1 above. You may not remove any proprietary notices or labels on the Software.
All rights not expressly set forth hereunder are reserved by the author.
The author reserves the right to periodically conduct audits upon advance written notice to verify compliance with the terms of this Agreement.
- Warranty and Disclaimer.
- Customer Remedies. The author's entire liability and your exclusive remedy for any breach of the foregoing warranty shall be return of the purchase price paid for the Software. Under no other circumstances will the author be required to provide a refund of the purchase price.
- Warranty Disclaimer. The software has been duly designed, built and tested to be as free from error as is reasonable by the author. The limited warranty set forth herein:
THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, THE AUTHOR MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. SOME LOCALES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
- Limitation of Liability.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL THE AUTHOR BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL THE AUTHOR BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE THE AUTHOR CHARGES FOR A LICENSE TO THE SOFTWARE, EVEN IF THE AUTHOR SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
- The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
- Miscellaneous. This Agreement is governed by the laws of Scotland, without reference to conflict of laws principles. This Agreement sets forth all rights for the user of the Software and is the entire agreement between the parties. This Agreement supersedes any other communications with respect to the Software and Documentation. This Agreement may not be modified except by a written addendum issued by a duly authorized representative of the author. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by the author or a duly authorized representative of the author. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The parties confirm that it is their wish that this Agreement has been written in the English language only.
- THE VIRTUAL ORGAN COMPANY is a trading name of Maarten de Vries,The Old Post Office House, Knockbain, Munlochy, UK
- CUSTOMER CONTACT. If you have any questions concerning these terms and conditions, or if you would like to contact Maarten for any other reason, please write to the above address, or email:
info at virtualorgancompany dot com
Or of course you can use our enquiries form.
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