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Terms Title
Shy audio End User License Agreement
Berlin, October 22nd, 2024

Applicability
This License Agreement (“Agreement”) applies to all Shy audio software, plugins, and programs (“Software”) that you may use during the evaluation period and/or thereafter. This is subject to an acquired license key for certain versions of Shy audio Software, including any upgrades, supplements, or services, unless other terms accompany those items.

Licenses
The Software is licensed to the Customer. Upon full payment, the Shy audio license key grants you a perpetual right (meaning this Agreement will not expire automatically) to install, run, and use the Software under certain conditions. The Software operates under a Personal License, which is granted to an individual, permitting its use on an unlimited number of devices, as long as all devices are owned and operated solely by the individual who acquired the license key. Sharing or distributing the license key to others is prohibited. Customers must protect their license key from theft and misuse.

A Personal License may be designated as NFR (Not For Resale). NFR Licenses are typically issued to journalists for reviewing Shy audio Software. An NFR License is equivalent to the corresponding Personal License, except that it cannot be transferred to a third party.

Shy audio licenses grant access to specified major versions of the Software. The license includes all future minor updates (e.g., from version 2.19 to 2.20), which typically consist of bug fixes or minor features. However, it does not cover new major versions (e.g., from version 1.x to 2.x). Access to new major versions requires a new Shy audio license for that version.

All Shy audio licenses allow the Customer or end-user to install and use the Software to the extent it has been developed, subject to the terms herein. Any rights not expressly granted to the Customer are retained by Shy audio.

You may make one copy of the Software for backup purposes only (and replacement backup copies in the event of loss or damage), provided that you include all copyright notices contained on the original media on the backup copy. Modification, reverse engineering, or creating derivative works from the Software is prohibited.

Title
The Software is owned by Shy audio and is protected by copyright laws and international treaty provisions, as well as other intellectual property laws and treaties. Shy audio retains title to and ownership of the Software and all copies, as well as any rights not specifically granted. This Agreement only gives you certain rights to use the Software and related documentation.

License Transfer
A Personal License may be transferred to another party, except for NFR Licenses, which are non-transferable. Upon transferring the license, the Licensee must cease all use of the software. The new user will be required to create an account at shy-audio.com and accept the terms of this EULA when installing the Software. The original Licensee will no longer have access to updates or support, and the plugin and license will be deleted from their account. Please contact info@shy-audio.com to pay a transfer fee of 10 € for issuing the new license to the third party.

No Refund Policy / Evaluation
Shy audio provides an time-unlimited demo period for its software plugins, during which saving, loading, and recalling settings are disabled, allowing you to test the Software thoroughly before purchase. Once a purchase is made, it is considered final and non-refundable. Due to the nature of our offline licensing system, it is not possible to revoke or return a license file after purchase. By completing a purchase, you confirm your acceptance of this no refund policy.

Responsible Use and Conduct
By installing and using Shy audio software, you agree to operate the plugins in a manner that is prudent and consistent with normal industry practices. Excessive sound levels may result in hearing impairment or other auditory trauma, and improper use of the software could lead to damage to audio equipment or other property. You may not use the software in a way that could damage, disable, or impair any equipment, data, or property. Shy audio disclaims any liability for adverse outcomes, including but not limited to personal injury or property damage, arising from the misuse of the plugins. Users are advised to adhere to safety standards and operational guidelines to prevent such occurrences.

Support
Shy audio commits to reasonable commercial efforts in supporting any major version of its Software, including email support. Shy audio reserves the right to terminate support for any major version at its discretion.

Third-Party Software
AAX is a trademark of Avid Technology, Inc. Audio Units is a trademark of Apple Inc. VST3 is a trademark of Steinberg Media Technologies GmbH.

Applicable Law
This Agreement is governed by the laws of Germany. The courts of Berlin have jurisdiction over any disputes arising from this Agreement.

Disclaimer
SHY AUDIO AND SEBASTIAN KRAMER SHALL HAVE NO LIABILITY TO YOU WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR PRODUCTS LIABILITY, FOR ANY CLAIM, LOSS, OR DAMAGE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOST DATA, OR LOST FILES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, OR THE PERFORMANCE OR OPERATION OF THE SOFTWARE, EVEN IF SHY AUDIO AND SEBASTIAN KRAMER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SHY AUDIO DOES NOT GUARANTEE THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE WITHOUT INTERRUPTION OR ERRORS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SHY AUDIO AND SEBASTIAN KRAMER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE, AND SHALL NOT INCLUDE SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES.