End-User License Agreement: Chop Machine
1. Agreement
This End-User License Agreement ("Agreement") is a legal agreement between you (an individual or a single entity, "you" or "Licensee") and Tendergreen Studio LLC governing your use of the Chop Machine software, including the plugin, standalone application, installers, updates, and any accompanying documentation or content (collectively, the "Software").
By downloading, installing, activating, or using the Software, you agree to be bound by this Agreement. If you do not agree, do not install or use the Software, and, subject to Section 9 (Refunds), request a refund through the channel from which you obtained it.
2. License Grant
Subject to your compliance with this Agreement and payment of any applicable fees, Tendergreen Studio grants you a non-exclusive, non-transferable, worldwide license to use the Software as follows:
- The license is granted to you as a single user. You may install and use the Software on all computers and devices that you personally own or control, for your own use, including in a commercial context (e.g. producing music for sale).
- You may make a reasonable number of copies of the Software solely for backup and archival purposes.
- Audio, music, and other creative output you produce using the Software is yours. Tendergreen Studio claims no ownership of, and no royalty or license in, the works you create with the Software.
This is a license, not a sale. You acquire only the rights expressly granted here.
3. Restrictions
You may not, and may not permit any third party to:
- Sell, rent, lease, lend, sublicense, distribute, or otherwise transfer the Software or your license key to any other person or entity, except as expressly permitted in Section 4.
- Share, publish, or distribute your license key or activation credentials.
- Reverse engineer, decompile, or disassemble the Software, except to the limited extent that applicable law expressly permits despite this restriction.
- Modify, adapt, translate, or create derivative works of the Software itself.
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices.
- Use the Software to develop a competing product, or incorporate it into another product for redistribution.
- Use the Software in any unlawful manner or in violation of any applicable law or regulation.
4. License Transfer
You may make a one-time permanent transfer of your license to another person, provided that: (a) you transfer all copies of the Software and this Agreement; (b) you retain no copies; (c) the recipient agrees to the terms of this Agreement; and (d) you notify Tendergreen Studio so the license record can be updated. Licenses obtained through a third-party marketplace may be subject to that marketplace's own transfer rules.
5. License Keys & Activation
The Software is unlocked using a license key issued to you at purchase. The Software verifies your key locally on your device and does not require an ongoing internet connection to remain activated. You are responsible for keeping your license key confidential. Tendergreen Studio may use reasonable technical measures to protect against unauthorized use; circumventing these measures is a breach of this Agreement.
6. Updates
Tendergreen Studio may, at its discretion, provide bug fixes, updates, or new versions of the Software. Unless stated otherwise at the point of sale, updates are provided under this same Agreement. Tendergreen Studio is not obligated to provide updates, support, or maintenance, and may discontinue the Software or any feature at any time.
7. Ownership & Intellectual Property
The Software is owned by Tendergreen Studio LLC and is protected by copyright and other intellectual property laws and treaties. All rights not expressly granted to you are reserved by Tendergreen Studio. "Chop Machine" and "Tendergreen Studio" are trademarks of Tendergreen Studio LLC.
8. Third-Party Components & Trademarks
The Software incorporates third-party components, including the JUCE framework, used under their respective licenses. "VST" is a registered trademark of Steinberg Media Technologies GmbH. "Audio Units" / "AUv3" and related marks are trademarks of Apple Inc. These names are used for identification only and do not imply endorsement.
9. Refunds
Because the Software is a downloadable digital product delivered with an instant license key, all sales are final once a license key has been delivered to you. Where required by law, or where the sales channel (our merchant of record, or a marketplace) provides its own refund policy, that policy applies to purchases made through that channel.
10. Disclaimer of Warranty
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, TITLE, AND NON-INFRINGEMENT. TENDERGREEN STUDIO DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, UNINTERRUPTED, OR COMPATIBLE WITH ANY PARTICULAR HARDWARE, OPERATING SYSTEM, OR HOST APPLICATION. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you; in that case, such warranties are limited to the minimum period and extent permitted by applicable law.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TENDERGREEN STUDIO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR AUDIO/PROJECT WORK, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TENDERGREEN STUDIO'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE SOFTWARE.
Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above may not fully apply to you.
12. Term & Termination
This Agreement is effective until terminated. It terminates automatically if you breach any of its terms. Upon termination, you must stop using the Software and destroy all copies in your possession. Sections 3, 7, 8, 10, 11, and 13 survive termination.
13. Governing Law
This Agreement is governed by the laws of the State of North Carolina, United States, without regard to its conflict-of-laws principles. You and Tendergreen Studio agree to the exclusive jurisdiction of the state and federal courts located in Franklin County, North Carolina for any dispute arising out of or relating to this Agreement, except that either party may seek injunctive relief in any court of competent jurisdiction.
14. Privacy
The Software runs locally and does not collect, transmit, or sell your personal data or audio content. Any personal information you provide when purchasing is handled by the applicable sales channel and/or under our Privacy Policy.
15. General
- Entire Agreement. This Agreement is the entire agreement between you and Tendergreen Studio regarding the Software and supersedes any prior or contemporaneous understandings.
- Severability. If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
- No Waiver. Failure to enforce any provision is not a waiver of the right to do so later.
- Assignment. You may not assign this Agreement except as permitted in Section 4. Tendergreen Studio may assign it in connection with a merger, acquisition, or sale of assets.
- Changes. Tendergreen Studio may update this Agreement for future versions of the Software; the version you accepted at purchase governs your existing license.