This Software License Agreement is a legal agreement between you and Audija("we", "us"), legally represented by PAVEL SEEHASE and operating as Audija.com. By purchasing, downloading, installing, copying, or otherwise using any software product distributed through Audija.com ("Software"), you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not purchase, download, install, or use the Software.
1. GENERAL PROVISIONS
This Agreement aims to establish a cooperative relationship between you and Audija. Both parties agree to act in good faith and in accordance with the terms set forth herein.
1.1 Entire Agreement
This Agreement constitutes the entire understanding and agreement between you and Audija with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements, or conditions, express or implied, oral or written, between you and Audija relating to the Software.
1.2 Updates and Amendments
This Agreement may be updated or amended by Audija at its discretion. Notice will be provided to you by email. Continued use of the Software after the changes signifies acceptance of the updated or amended terms.
2. GRANT OF LICENSE
Audija grants you a non-exclusive license to install and use the Software, either for personal or business purposes, in accordance with the restrictions and obligations detailed in this Agreement.
3. OWNERSHIP
You buy a License, not the Software. The Software and all associated copyrights, trade secrets, and intellectual property rights are, and shall remain, the exclusive property of Audija.
4. SCOPE OF USE - PAID VERSION
4.1 Personal Use:
You are authorized to install and operate the Software on up to five (5) computers that you personally own under the terms of a single-user license. For every additional set of up to five (5) computers, an additional license must be obtained.
4.2 Business Use:
In a business environment, one license allows the installation and operation of the Software on up to five (5) computers owned or controlled by the business entity. Access must be limited to employees of that entity. For every additional set of up to five (5) computers, an additional license must be obtained.
5. SCOPE OF USE - DEMO AND FREEWARE VERSIONS
5.1 Personal Use:
You are permitted to install and operate the Freeware and Demo versions of the Software on any number of computers that you personally own.
5.2 Business Use:
In a business environment, the Freeware and Demo versions can be installed and operated on an unlimited number of computers owned or controlled by the business entity.
6. SUPPORT PROMISE - PAID VERSION
We will make reasonable efforts to provide support and updates if the Software is not functioning as intended on your computer. If the issues cannot be resolved within thirty (30) days, you have the right to request a refund. The interpretation of "reasonable efforts" and the decision to grant or deny a refund request remain at our discretion.
7. SUPPORT PROMISE - DEMO AND FREEWARE VERSIONS
We may provide support, but there is no guarantee of regular updates, technical support, or issue resolution. No refund requests are applicable, as the Software is free and without any warranty.
8. LIMITATION OF LIABILITY AND HEALTH RISKS
The Software may include visual or auditory effects that could induce epileptic seizures or other health risks. The Software is provided "AS IS," without any warranty of any kind. You agree that your use of the Software is at your own risk. Except for the obligations explicitly set forth in this Agreement, Audija is not responsible for any direct, indirect, special, incidental, or consequential damages, including but not limited to, loss of data, business interruption, personal health, hardware, or software damage arising from your use or inability to use the Software.
9. RESTRICTIONS
- Decompiling/Reverse Engineering: Decompiling, reverse engineering, disassembling, or attempting to derive the source code of the Software is not permitted.
- Tampering: Any modification, adaptation, or tampering with the Software, or any bypass of features designed to prevent unauthorized use or copying, is strictly prohibited.
- Unauthorized Use/Alteration/Copying: While accessing the resources of the Software for viewing or educational purposes is permissible, unauthorized use, alteration, copying, or manipulation of the Software's source code, internal resources, or components is strictly prohibited and constitutes a breach of this Agreement.
- Redistribution: Redistribution of the Software, the Software Setup, the Software's Resources, or the License File to any third party, whether modified or unmodified, is strictly prohibited, except under conditions specified in the "License Transfer and Resale" section.
- Geolocation-Based Restrictions: The Software may not be used in any jurisdiction where its use would violate local laws or regulations.
10. TERMINATION AND VOIDING OF AGREEMENT
If you fail to comply with any terms of this Agreement this will result in automatic termination of the license. In the event of termination or voiding of this Agreement for any reason, You are required to:
- Delete all copies of the Software from all storage media, including backup systems.
- Delete all associated license files.
- Uninstall the Software from all devices.
11. GOVERNING LAW
This Agreement shall be exclusively governed by and interpreted in accordance with the laws of the Federal Republic of Germany, excluding the EU's conflict of laws provisions (Rome I) and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
12. DISPUTE RESOLUTION
Any disputes arising from this Agreement shall first be attempted to be resolved through mutual discussion and negotiation. If unable to reach a resolution, both parties agree to engage in good faith efforts to resolve the dispute through non-binding mediation. Arbitration or litigation will only be considered as a last resort.
13. MANDATORY CONTACT WITH CUSTOMER SUPPORT PRIOR TO LEGAL ACTION
Before initiating any legal action or proceeding against Audija related to the Software, You agree to make a good faith effort to resolve the issue by contacting us.
14. EXPORT CONTROLS
You agree to comply with all export control laws and regulations applicable to the export or import of the Software.
15. SEVERABILITY CLAUSE
If any part of this Agreement is found to be void or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
BY PURCHASING, CLICKING "I ACCEPT," INSTALLING, OR OTHERWISE USING THE SOFTWARE, YOU ACCEPT THE TERMS OF THIS AGREEMENT.
Version 1, 25.11.2023