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FabFilter Software License Agreement

This license agreement concerns and describes your rights and the conditions upon which you may use the FabFilter software you selected. We advise you to read this entire agreement. By accepting this agreement or by using FabFilter software, you agree to all of these terms. If you do not accept and comply with these terms, you may not use the FabFilter software or its features.

Applicability

This license agreement applies to all the FabFilter software, plug-ins and programs you may use during the Evaluation period, and/or thereafter subject to an acquired license key to certain FabFilter software of any version, including any and all upgrades, supplements or services, unless other terms come with such versions, upgrades or supplements.

Licenses

The FabFilter software will be licensed to the Customer, not sold. After full payment you will be granted a FabFilter license key, which will give you the right to install, run and use the FabFilter software under the given conditions. These conditions vary subject to the license you acquired. FabFilter distinguishes the following licenses to FabFilter software ('the software'):

  • A Personal License is a named license to the software concerned granting the designated person who acquired the FabFilter license key access to the software on three (3) devices. Usage of the Personal License by someone else other than the designated licensee is an infringement of the rights of FabFilter. The Customer should at all times protect its license key from theft and/or abuse.
  • A Site License is a non-personal license to the FabFilter software concerned, granting the designated institution or other legal entity that acquired the FabFilter license key access to the software. A Site License will grant access to the software on the maximum number of designated Devices, specified in the license key itself (e.g. "20 seats"). If the Site License is used on computers/servers for any form of automated processing, the licensee may not make any plug-in controls/parameters of the FabFilter software available to the end users of the FabFilter software, i.e. only "black box" processing is allowed.

These FabFilter licenses, whether a Personal or Site License, will give you access to certain FabFilter software of the specified major version. The license will include all future minor updates to the software (e.g. version 2.19 to version 2.20), which typically include bug fixes or small new features. The license will exclude any future new major versions of the products (e.g. version 1.x to version 2.x). To allow yourself access to such new major version of the software, a new FabFilter license to such major version must be acquired.

All FabFilter licenses, both Personal or Site License, give the Customer or end user the right to install and use the FabFilter software to the extent it has been developed and under the conditions herein. Any rights not explicitly granted to you, the Customer, remains with FabFilter, including but not limited to the right to alter, reverse engineer, reverse compile, take apart, or disassemble the FabFilter software or any of the files in the distribution.

A Bundle License is Personal or Site License for multiple FabFilter software products, which gives the Customer or end user the right to install and use the specific software products that the bundle (e.g. Total Bundle) contains at the moment of purchasing the Bundle License. Any software products or new major software versions added to the bundle after that date cannot be claimed as part of the prior acquired Bundle License. A Bundle License (if not Educational or NFR) can only be transferred as a whole, using a License Transfer.

An Upgrade License is a Personal or Site License for a new major version of FabFilter software. You may only use an Upgrade License if you have a license for the previous major version of the same FabFilter software.

Educational (EDU) and NFR licenses

A Personal or Site License can be marked as EDU (Educational) or NFR (Not For Resale), meaning the following:

  • A Personal or Site License marked as Educational License is equal to the respective Personal or Site License, with the only exception that the Educational License may not be transferred to a third party.
  • A Personal or Site License marked as NFR ("Not For Resale"), is typically intended for journalists that wish to review the FabFilter software. A License marked as NFR is equal to the respective Personal or Site License, with the only exception that the NFR License may not be transferred to a third party.

Duration and Evaluation

As specified in the specific terms per license, all licenses will be granted in perpetuity (meaning that the license agreement shall not automatically expire at any moment in time), however the license may be cancelled if not all conditions herein are respected.

To verify the correct use and compliance with our terms and conditions we have created the option for the FabFilter software to contact our FabFilter web server periodically. With this verification we collect certain data (device ID, device name and identifier of the license key) to check the validity of the use of the registered license on the identified device. If such use appears not to be compliant with our terms, further access to the FabFilter Software will be denied.

The Evaluation period is a period of thirty (30) days commencing on the first day of using the software concerned and automatically expiring 30 days thereafter. After the Evaluation period has expired and no FabFilter license key has been acquired, the software will stop working and should be removed from your computer.

In addition to any and all such possibilities that FabFilter may have in accordance with the law, FabFilter may terminate without prior notice or warning in case of abuse of the FabFilter software or fraud, as well as in case of your (personal) bankruptcy.

Support

FabFilter shall give its reasonable commercial efforts to service any major version of any FabFilter software including email support. FabFilter is entitled to terminate support for any major version of any FabFilter software at any time at its sole discretion.

License Transfer

A Personal or Site License (not Educational or NFR License) may be transferred to a third party. In order to transfer your license, you will have to buy a 'License Transfer' to activate the 'transfer'-option in your FabFilter account . After this option has been activated you will be able to transfer your license to any third party. With this transfer of your Personal or Site License, you will no longer be able to access the software.

Third Party Software

VST is a trademark of Steinberg Media Technologies GmbH. RTAS and AAX are trademarks of Avid Technology, inc. Audio Units is a trademark of Apple Computer, inc.

Applicable Law

This license agreement is governed by Dutch law. The courts of Amsterdam are authorized courts to rule on any dispute that may arise from this license agreement.

Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FABFILTER B.V. SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FABFILTER B.V. DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE SOFTWARE WILL OPERATE ERROR-FREE OR UNINTERRUPTED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FABFILTER B.V. SHALL NOT BE LIABLE FOR ANY DAMAGE A FABFILTER PRODUCT MAY CAUSE OR DAMAGES THAT MAY ARISE OUT OF THE USE OF A FABFILTER PRODUCT OR INABILITY TO USE A FABFILTER PRODUCT, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN NO EVENT FABFILTER B.V. WILL BE LIABLE FOR AN AMOUNT IN EXCESS OF TWO HUNDRED FIFTY EUROS (€ 250,00).


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See Also
Purchasing FabFilter Pro-Q 4
Support

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