End User Licence Agreement
This agreement is between you and Darkground Records, the publisher of Thermite. It sets out what you may do with the software you have bought, and what we do and do not promise about it. Please read it: it is short, and it is written to be understood.
1. ACCEPTANCE
By installing, activating or using Thermite (the Software) you accept this agreement. If you do not accept it, do not install the Software, and request a refund from the store you bought it from.
2. WHAT YOU ARE BUYING
You are buying a licence to use the Software. You are not buying the Software itself. Ownership of the Software, its source code, its design, its name and its logo remains with Darkground Records at all times. Nothing in this agreement transfers any of that to you.
3. WHAT THE LICENCE ALLOWS
- Install and activate the Software on up to two computers at a time, provided you personally own them or they are assigned to you for your own use (a studio machine and a laptop, say). You can deactivate a computer from inside the Software to free its place for another one.
- Use it for any purpose, private or commercial. Music you make with the Software is yours. You owe us nothing for it, you need no further permission, and you do not have to credit us.
- Keep backup copies of the installer and of your licence key for your own use.
The licence is personal and covers one person: you. Two people who both need to use Thermite need two licences, even on the same premises and even if they never use it at the same time.
4. WHAT THE LICENCE DOES NOT ALLOW
You may not:
- give away, share, sell, resell, rent, lend, sublicense or otherwise transfer the Software or your licence to anyone else;
- publish your licence key anywhere — forums, chat groups, social media, file-sharing sites, code repositories, or anywhere else, publicly or privately;
- distribute the Software as part of another product, bundle, sample pack, template or collection;
- remove, disable, bypass or alter any copyright notice, licence check or product identification in the Software;
- reverse engineer, decompile or disassemble the Software, except and only to the extent that applicable law expressly permits this despite this restriction.
5. YOUR LICENCE KEY, ACTIVATION, AND REVOCATION
Activation uses a licence key issued to you. Treat it the way you would treat a password.
Activating a computer needs an internet connection. Our licensing server records the activation and issues the Software a signed activation record; afterwards the Software checks in with the server from time to time to keep that record current, and keeps working without a connection in between. Activation sends your licence key, an identifier derived from the computer (a hash, not the underlying hardware data), the computer's name as set in your operating system, and which operating system it is; the later check-ins send the key and that identifier. Nothing else, and no audio.
If a licence key issued to you is found published, shared publicly, or in circulation beyond your own use, we may revoke it. A revoked licence stops activating new installations. Unless the sharing is deliberate and obvious, we will contact you first at the address the licence was issued to, and give you a chance to explain.
Revocation for this reason does not entitle you to a refund. If your licence key is stolen or leaked without your doing, tell us and we will issue you a replacement.
6. DEMO MODE
Without a valid licence the Software runs in demo mode. In demo mode the audio processing is identical to the licensed version, except that the output is interrupted at intervals (it is briefly silenced from time to time). Demo mode does not expire and is not a time-limited trial.
7. UPDATES AND SUPPORT
We may release updates to the Software. We are not obliged to. Updates within version 1.x are provided at no extra cost when we publish them. Support is provided by email, on a best-effort basis, for as long as we publish the Software.
8. NO WARRANTY
The Software is provided as is, without warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Software is free of defects, that it will work with any particular host application, operating system version or hardware, or that its operation will be uninterrupted.
9. LIMITATION OF LIABILITY
To the fullest extent permitted by law, our total liability arising out of or relating to the Software or this agreement is limited to the amount you actually paid for your licence.
We are not liable for lost recordings, lost projects, lost profits, lost time, damage to equipment, or any indirect, incidental, special or consequential loss, even if we have been told such loss was possible.
Audio software can produce loud output, including as a result of a fault. You are responsible for protecting your hearing and your equipment: monitor at safe levels and keep a limiter on your monitoring path.
10. YOUR STATUTORY RIGHTS
Nothing in this agreement excludes or limits any right you have under mandatory consumer protection law that cannot be excluded by agreement, nor our liability for death or personal injury caused by negligence, or for fraud. If you bought as a consumer in the European Union, your statutory rights are unaffected, including any statutory right of withdrawal to the extent it applies to downloadable digital content.
11. TERM AND TERMINATION
This agreement runs for as long as you use the Software. It ends automatically if you breach clause 4 or clause 5. When it ends you must stop using the Software and remove it from your computers. Clauses 8, 9 and 12 survive termination.
12. GOVERNING LAW
This agreement is governed by the laws of Spain. The courts of Spain have jurisdiction over any dispute arising from it, without prejudice to any right you have as a consumer to bring proceedings in the courts of your own country of residence.
13. SEVERABILITY AND ENTIRE AGREEMENT
If any clause of this agreement is held to be unenforceable, the rest stays in force. This agreement, together with the terms of the store you bought through, is the entire agreement between us about the Software.
14. THIRD-PARTY COMPONENTS
Thermite includes or links the components listed below. The terms of each component apply to that component, and where those terms conflict with this agreement in respect of that component, those terms prevail.
| Component | Author or owner | Terms |
|---|---|---|
| JUCE 8 | Raw Material Software Limited | Used under licence from Raw Material Software Limited |
| TweetNaCl | D. J. Bernstein, T. Lange, P. Schwabe and contributors | Public domain |
| VST 3 SDK | Steinberg Media Technologies GmbH | Steinberg VST 3 SDK licence |
| clap-juce-extensions | Alexandre Bique, Paul Walker and contributors | MIT Licence |
| zlib | Jean-loup Gailly and Mark Adler | zlib Licence |
| libpng | Glenn Randers-Pehrson and contributors | PNG Reference Library Licence |
| FLAC | Josh Coalson and the Xiph.Org Foundation | BSD 3-Clause Licence |
| Ogg Vorbis | Xiph.Org Foundation | BSD 3-Clause Licence |
VST is a registered trademark of Steinberg Media Technologies GmbH in Europe and other countries. All other trademarks are the property of their respective owners.
Full licence texts for these components are available on request from the address below.
15. CONTACT
Darkground Records
Spain
darkgroundrecords.es
Thermite 1.1.0. © Darkground Records. All rights reserved.