W. A. Production - End User License Agreement (Plugins)

W. A. Production License Agreement

This End User License Agreement comprises the agreement (the "License") by and between Paradise Audio s.r.o., or based on where you live, one of its affiliates (collectively "W. A. Production"), and you, or the entity you represent (collectively "You"), governing Your use of W. A. Production's software and related services (the "Service").

PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. BY USING THE W. A. PRODUCTION SOFTWARE, YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU AND THAT YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS LICENSE, DO NOT USE THE SOFTWARE.

We may revise this License at any time, with or without notice to You, by posting such changes to this License on our website at www.waproduction.com​. Your continued use of the W. A. Production Software will indicate Your acceptance of any such changes.

IMPORTANT NOTE: This software may be used to reproduce musical materials. It is licensed to you only for reproduction of non-copyrighted materials. These are materials for which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy a certain material, you should contact your legal advisor.

1. General.

W. A. Production licenses the W. A. Production Software to You for use only under the terms of this License. The W. A. Production Software, as well as any third-party software (including any content), documentation and everything else accompanying this License are licensed, not sold, to You. W. A. Production reserves all rights not expressly granted to you.

Under the terms of this License W. A. Production retains ownership of the W. A. Production Software. Any software upgrades provided by W. A. Production that replace and/or supplement the original W. A. Production Software are governed by this License, unless a separate License is provided in which case the terms of that License will govern.

W. A. Production Software may be used to display or access content that belongs to original content owners. All title and intellectual property rights in and to any such content belongs to the respective content owner, and may be subject to copyright or other intellectual property laws and treaties as well as to the terms of use of the third party providing such content. This License does not grant you any rights to use such content, nor does it guarantee that such content will continue to be available to you.

2. Use of License and Restrictions.

W. A. Production grants you a limited non-exclusive license for installation on three computers, desktop, or laptop. Both computers must be owned and used by you.

It is illegal to use the W. A. Production Software over a network where it could be used by multiple computers at the same time. A copy of the W. A. Production Software for backup purposes is permitted. Such a copy needs to include all copyright notices and everything else provided by the original product.

You may not, and you agree not to, or to enable others to, copy (except as and only to the extent permitted in this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the W. A. Production Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law).

3. Transfer of License.

W. A. Production does not grant you the rights to rent, lease, lend, sell, redistribute, or sublicense the W. A. Production Software. Transferring your license rights to the W. A. Production Software to another party is not allowed.

Software Updates:​Updates of the W. A. Production Software may happen periodically. In case of a full update any previously installed version of the W. A. Production Software may not be used at the same time.

Not for Resale Copies:​ W. A. Production Software that is labeled as NFR (Not For Resale) or has been provided for promotion, demonstration, testing, and evaluation purposes, must neither be resold or distributed in any way, applied to professional music productions, nor used as a qualified product for updates, upgrades, or crossgrades.

Education:​W. A. Production offers an educational discount for qualifying institutions like schools, high schools, universities, state-approved music schools/conservatories, and institutions for training in music and media. Educational sales are not available for individual students.

4. Privacy and Use of Data.

W. A. Production may gather technical and related information periodically to facilitate with software updates, product support, and other related services, as well as compliance with the terms of this License. This information is collected anonymously and used for improvement of products and services delivered to You.

5. Termination of License.

This License is effective until terminated. W. A. Production may terminate your rights under this License at any time without notice if you do not comply with any term(s) of this License. In case of termination usage of the W. A. Production Software shall be ceased immediately and all copies of the software destroyed.

6 . Disclaimer of Warranties.

USE OF THE W. A. PRODUCTION SOFTWARE IS AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. W. A. PRODUCTION SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. W. A. PRODUCTION AND W. A. PRODUCTION'S LICENSORS (COLLECTIVELY REFERRED TO AS "W. A. PRODUCTION") HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE W. A. PRODUCTION SOFTWARE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. W. A. PRODUCTION DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE W. A. PRODUCTION SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE W. A. PRODUCTION SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE W. A. PRODUCTION SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE W. A. PRODUCTION SOFTWARE WILL BE CORRECTED.

7. Limitation of Liability.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL W. A. PRODUCTION BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE W. A. PRODUCTION SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), AND EVEN IF W. A. PRODUCTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall W. A. Production's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty Euros (€50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

8. Controlling Law and Governing Language.

This License will be governed by and construed in accordance with the laws of the Czech Republic.

9. Third-Party Software and Service Terms and Conditions.

Portions of the W. A. Production Software utilize or include third-party software and other copyrighted material. Acknowledgements, licensing terms, and disclaimers for such material are contained separately with these, and your use of such material is governed by their respective terms.