Licence agreement (EULA)

This licence agreement (“Agreement”) is between you and CX AUDIO, the trading name of Niklas Hoefelein, Groffeldstrasse 22, 9470 Buchs, Switzerland (“we”, “us”). It governs your use of CX TUNE and other CX AUDIO software, including updates, presets and documentation (the “Software”). By installing or using the Software you accept this Agreement. If you do not accept it, do not install or use the Software.

1. Licence

(1) When you buy a licence, we grant you a perpetual, non-exclusive, non-transferable licence to install and use the Software for your own private and commercial music production work.

(2) You may activate the Software on up to three (3) computers that you own or control, at the same time. You can free a computer by deactivating it in the Software or in your account and then use the licence on another computer.

(3) A licence for an organisation or studio covers the computers it controls, within the same limit of three computers.

2. Free trial

The free trial lets you use the full Software for 14 days on one computer. A trial can be started once per computer. After the trial, the Software stops processing audio until you activate a licence. The trial is provided as is, for evaluation.

3. Your music

Everything you create with the Software (your recordings, mixes and the audio the Software processes) belongs to you. You may use it without limitation, including commercially. We claim no rights in it and no royalties.

4. What you may not do

You may not, and may not let others:

• copy, sell, rent, lend, share or publish the Software or your licence, or use it on more computers than allowed;
• circumvent, disable or tamper with the licence activation, trial limits or any copy protection, or use the Software with a licence key or file not issued for you;
• reverse engineer, decompile or disassemble the Software, except where the law expressly allows this despite this restriction;
• modify the Software or remove copyright notices.

5. Transfer

You may transfer your licence to another person only with our prior written consent. Contact us; if we agree, all your activations are removed and you must delete the Software.

6. Activation and licence checks

The Software needs to be activated, online or offline. To activate and check the licence, it connects to our licensing service (Moonbase), which processes technical data about your computer as described in our privacy policy. The Software does not send your audio anywhere.

7. Updates

Updates to the Software that we publish are free for licence holders. We decide on the content and timing of updates. Each update is licensed under this Agreement. We are not obliged to provide updates or to keep supporting old operating systems or hosts.

8. Ownership and third-party components

(1) The Software is protected by copyright and other laws. All rights not expressly granted to you remain with us. You obtain a licence, not ownership of the Software.

(2) The Software contains third-party components licensed under their own terms (for example the VST3 SDK, the JUCE framework and the Moonbase SDK). Their licence notices are installed with the Software (“CX TUNE Third-Party Notices”). Nothing in this Agreement limits your rights under those licences.

(3) VST is a registered trademark of Steinberg Media Technologies GmbH. Other names are trademarks of their owners.

9. Warranty

(1) Your statutory warranty rights apply. Please use the free trial to check that the Software works with your computer and DAW before you buy.

(2) Beyond the statutory rights, the Software is provided as is. Audio software runs in very different environments; we do not warrant that it runs without interruption or errors in every one.

10. Liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, and where the law does not allow liability to be limited.

(2) In all other cases our liability is limited to foreseeable, typical damage, and liability for slight negligence is excluded to the extent permitted by law. We are not liable for lost data where the loss would have been avoided by regular backups. Keep backups of your projects and recordings.

11. Termination

This Agreement continues until terminated. It ends automatically if you materially breach it, in particular section 4. You may end it at any time by deleting the Software. When it ends, you must uninstall and delete the Software. Sections 3, 8, 10 and 12 continue to apply.

12. Governing law

This Agreement is governed by Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this does not deprive you of the protection of the mandatory law of the country where you habitually reside. For businesses, the place of jurisdiction is Buchs SG, Switzerland.

13. Contact

Questions about this Agreement: see the imprint or the contact form.