Privacy Policy & Software End User Agreement
This agreement is between AudioFusion LLC (seller) and you. Please read this agreement carefully. These terms apply to the AudioFusion software, along with the media on which you received it (if any). These terms also apply to any updates, support services, or Internet services for the software, unless other terms accompany those items. If so, those terms apply. The AudioFusion software you have licensed may include locked software that you may choose to license and activate in the future. If you choose to do so, these terms will apply, unless other terms are presented to you when you license and activate the software.
By using the software, you accept these terms. If you do not accept them, do not use the software. Instead, return it to the reseller for a refund or credit. If you cannot obtain a refund from the reseller, or if you purchased your software license directly from AudioFusion, contact AudioFusion for information about AudioFusion’s refund policies.
1. LIMITED RIGHTS TO INSTALL AND USE THE SOFTWARE. AudioFusion LLC grants you the following rights, subject to your purchase of the corresponding software license (if applicable) and the terms and conditions below:
1.1. Device (“node locked”) license. You may install one copy of the software on one
hardware device and use the software on only that device for your internal business
or your personal enjoyment. Software subject to a device license may be offered on
a subscription basis.
1.2. Free download license. AudioFusion may make certain software available to you free of
charge that does not use any of the licensing schemes described in this agreement.
You may download, install, and use such software for your internal business use or
your own personal enjoyment subject to any additional terms that apply to the
software, but you may not redistribute the software
1.3. Subscription. For software available on a subscription basis, you may install and
use the most current version of the software during the term of your subscription on
one or more hardware devices for your internal business use or your personal
enjoyment, as permitted by and subject to the restrictions of the relevant license
type. Subscription based software requires an Internet connection. Upon expiration
of the subscription period or non-payment of the subscription fee, the software may
become inactive without notice and will not be reactivated until the subscription is
renewed, AudioFusion LLC receives payment, or a new subscription is purchased. Use of
Software on a subscription basis is subject to additional terms and conditions
available at www.audiofusion.com
2. LIMITED RIGHTS TO MEDIA ELEMENTS. The software may include certain pictures,
animations, sounds, music and video clips
2.1. you include a valid copyright notice on your derivative works.
You may not sell, license or distribute the media elements by themselves or as part of any
collection, product or service whose value is derived solely or primarily from the media
elements themselves.
3. LICENSE CONDITIONS.
3.1. Technical limitations. This software may include technological measures, whether in the
software or in bundled hardware or both, that are designed to prevent or detect unlicensed
use of the software. Circumvention of these technological measures is prohibited, except
and only to the extent that applicable law expressly permits, despite this limitation. Any
attempt to circumvent technical limitations may render the software or certain features
unusable or unstable, and may prevent you from updating or upgrading the software.
3.2. Reverse engineering and copying. You may not reverse engineer, decompile or
disassemble the software, except and only to the extent that applicable law expressly
permits, despite this limitation. If the software is distributed with third party
components licensed under the terms of the GNU Lesser General Public License
(LGPL), you may reverse engineer the software for the sole purpose of debugging
your modifications to the LGPL software. However, modified software is not covered
by your limited warranty. See Section F (Exclusions from Warranty) for details.
You may copy the software only to the extent necessary for backup or archival
purposes in support of your use of the software. You must include all copyright and
other legal notices appearing on the software in any copies that you make.
3.3. No software hosting or rental. You may not make the software available for others
to download, copy or use. You may not use the software or functionality of the
software to offer hosted services to the public. You may not rent the software to
others.
3.4. No use in virtual or cloud environments. You may not install, deploy or use the
software in a Virtualized Environment.
3.5. No reconfiguration. The software is licensed for installation and use only in the
manner it was provided to you, as configured by an automated installation program
provided with the software, or as described in AudioFusion’s documentation. You may not
separate the components contained in the software or otherwise reconfigure the
software to circumvent technical limitations on the use of the software or to otherwise
exceed the scope of your license.
3.6. Academic Use. If the software is designated or specially-priced as an “Academic”
or “Education” version, it is licensed only for educational, non-commercial use by
students, faculty, and staff of an educational institution.
3.7. Evaluation software. If the software is designated or specially-priced as an
“Evaluation,” “Trial,” “Not for resale” or “NFR” version, you may only use the software
for demonstration, testing, or evaluation purposes.
3.8. Time limits. If the software is designated or specially-priced as a time-limited
“Evaluation,” “Loan,” “Trial,” “Rental,” “Subscription” or “Temporary” version, the
rights granted to you by AudioFusion expire at the end of the time period. The software may
contain technical measures that automatically disable the software at the end of the
time period.
3.9. No illegal use. This product is intended for use with content that you own, license,
or obtain from the public domain. You may not use this product to violate any law,
including copyright laws.
3.10. Internet Access. Subscription software requires an internet connection for
activation, validation, and renewal of the Software. The software may become
inactive without notice in the event the software cannot access the internet or
payment is not received
4. SCOPE. The software is licensed, not sold. This agreement only gives you certain rights
to use the software, which may be revoked if you do not follow these terms. AudioFusion and its
suppliers reserve all rights not expressly granted to you in this agreement. The software is
protected by copyright and other intellectual property laws and treaties.
5. CONFIDENTIALITY. You acknowledge that the software, together with any bundled
hardware, contains proprietary and confidential property of AudioFusion or AudioFusion’s suppliers. You may not disclose this confidential information to anyone other than your employees or consultants who need access to the confidential information to carry out their duties and who are bound by appropriate confidentiality or nondisclosure agreements.
7. CLOUD STORAGE ENABLED PRODUCTS. Certain AudioFusion software may include cloud storage, collaboration, or other cloud features.
7.1. Some versions of AudioFusion software include the ability to create a limited number
of sessions (your “Projects”) and store and share information about them in the cloud. Projects, session file data, chat records and other information they contain are stored online.
7.2. Neither AudioFusion nor its third party licensors or cloud service providers shall have any liability for any error, omission or defect in AudioFusion cloud storage, inability to access your data online, unauthorized access of data, or any loss or deletion of content or data, including
but not limited to your Projects.
9. THIRD PARTY INFORMATION. AudioFusion may include information about third party products and services, including links to Web sites run by others. AudioFusion is not responsible for, and does not endorse or sponsor, this third-party information.
10. SOFTWARE TRANSFER.
10.1. Device transfer. If your license is limited to one hardware device, you may not transfer
your licensed copy of the software to a different device.
10.2. Software upgrades. If you have upgraded your software, you may not separately
transfer the original software and the upgraded software.
11. CONSENT TO USE OF DATA. AudioFusion may collect and use information about your
geographical location, your use of the software and the hardware devices you use in
connection with the software in a manner that does not personally identify you. AudioFusion may use this information to improve our products or to provide customized services or
technologies. Some AudioFusion software uses Google Analytics for the collection of anonymous data for the foregoing purposes. Learn more about how Google uses data collected using Google Analytics at https://policies.google.com/privacy/partners. In addition, the software may include security elements that detect unauthorized use or copying of the software and may report such unauthorized use or copying to AudioFusion. The software may connect to the Internet without notice for these purposes. If you do not consent to these practices, do not use the software.
14. TERMINATION. To the extent permitted by law, and without prejudice to any other rights,
AudioFusion may terminate your license if you materially breach these terms and conditions.
15. LIMITATION ON AND EXCLUSION OF DAMAGES. Except for liability for death or
personal injury caused by AudioFusion’s negligence or fraud, or other liability that cannot
lawfully be excluded or restricted, you may recover from AudioFusion and its suppliers only
direct damages up to the amount you paid for the software. You cannot recover lost
profits, data loss, business damage, damages that are not reasonably foreseeable,
or any other loss or damages including consequential, special, indirect or incidental
damages.
This limitation applies to:
• the software and anything related to it;
• services provided in connection with the software
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability,
negligence, or other tort to the extent permitted by applicable law.
It also applies even if:
• repair, replacement or a refund for the software does not fully compensate you for
any losses; or
• AudioFusion knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential
damages, so this limitation or exclusion may not apply to you. The limitation or exclusion
also may not apply to you because your country may not allow the exclusion or limitation
of incidental, consequential or other damages.
16. NOTICE TO U.S. GOVERNMENT END USERS. The software is a “commercial item,” as
that term is defined in 48 C.F.R. 2.101 (Oct. 2005), consisting of “commercial computer
Software”. This provision does not apply to you if you are not affiliated with
the government of the United States of America.
17. GOVERNING LAW.
17.1. United States. If you acquired the software in the United States, New Jersey law
governs the interpretation of this agreement and applies to claims for breach of it,
regardless of conflict of laws principles. The laws of the state where you reside
govern all other claims, including claims under state consumer protection and unfair
competition laws.
17.2. Outside the United States. If you acquired the software in any other country,
the laws of that country apply.
17.3. Legal effect. This agreement describes certain legal rights. You may have other
rights under the laws of your state or country. You may also have rights with respect
to the reseller from whom you acquired the software. This agreement does not
change your rights under the laws of your state or country if the laws of your state or
country do not permit it to do so.
18. ENTIRE AGREEMENT. This agreement (including the warranty below), and any additional
terms provided with supplements, updates, Internet-based services and support services
that you use or purchase, are the entire agreement for the software and related services.
19. SEVERABILITY. If any provision of this agreement is legally invalid, the agreement shall
endure except for the invalid provision. However, if a court determines that any provision is
invalid, the court may limit the provision, delete specific words or phrases, or replace the
invalid provision with a provision that is valid and that comes closest to expressing the
intent of the invalid provision.
LIMITED WARRANTY
A. LIMITED WARRANTY. If you follow the instructions, use the software only with qualified or
certified third-party products, install any updates made available to you by AudioFusion, and the
software is properly licensed, the software will perform substantially as described in AudioFusion’s software documentation.
B. TERM OF WARRANTY.
(i) Minimum term. The limited warranty covers the software for 90 days after it has
been acquired by the first user. The laws of your country or state may require a
warranty term longer than 90 days, in which case AudioFusion will provide the minimum
warranty term required by applicable law.
(ii) Updates. If you receive supplements, updates, or replacement software during the
term of the limited warranty, they will be covered for the remainder of the term.
C. GEOGRAPHIC SCOPE. This limited warranty applies to products purchased anywhere in
the world.
F. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by
your acts (or failures to act), the acts of others, or events beyond AudioFusion’s reasonable control. This warranty also does not cover software that has been modified by anyone other than AudioFusion or an authorized AudioFusion reseller or service provider.
G. REMEDY FOR BREACH OF WARRANTY. AudioFusion will repair or replace software that is
returned to AudioFusion within the warranty term at no charge. If AudioFusion cannot repair or replace it, AudioFusion will refund the amount shown on your receipt for the software. You must deactivate and uninstall the software and return any media and other associated materials to AudioFusion with proof of purchase to obtain a refund. If you purchased the software as part of a system bundled with hardware, you must return the full system to obtain a full refund. These are your only remedies for breach of the limited warranty.
I. NO OTHER WARRANTIES. The limited warranty is your only warranty from AudioFusion. To the extent permitted by law, AudioFusion and its suppliers give no other express warranties,
guarantees, terms or conditions, including warranties that the software is error-free, faulttolerant, or uninterruptable. Where allowed by your local laws, AudioFusion excludes implied warranties, terms and conditions of merchantability, satisfactory quality, fitness for a
particular purpose and non-infringement. If your local laws give you any implied warranties,
guarantees or conditions, despite this exclusion, your remedies are described in Section G
(Remedy for Breach of Warranty) above, to the extent permitted by your local laws.
J. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY.
Section 15 (Limitation on and Exclusion of Damages) applies to breaches of this limited
warranty.
K. LEGAL EFFECT. This warranty gives you specific legal rights, and you may also have
other rights which vary from state to state. You may also have other rights which vary from
country to country.
L. EXCLUDED PRODUCTS. AudioFusion gives no warranty for third party software or software
provided by AudioFusion free of charge, including software designated as “limited release,” “prerelease,” “loan,” “beta,” or “test.” This software is provided “AS IS” and with all faults.
M. WARRANTY PROCEDURES AND CONTACTS. For information regarding your warranty,
please visit www.audiofusion.com, where you can find contact information for your local AudioFusion office, sales representative, or authorized reseller.
Who we are
Our website address is: https://audiofusion.com.
What personal data we collect and why we collect it
Comments
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Media
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Contact forms
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Analytics
Who we share your data with
How long we retain your data
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What rights you have over your data
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Where we send your data
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