Terms & Conditions
Last updated on Dec 2nd, 2022
PolyChrome DSP Ltd – EULA (End-User License Agreement)
The software that accompanies this license is supplied under a license agreement. By installing this software you are agreeing to the PolyChrome DSP License Agreement. If you do not agree with these terms, do not install the software. All software download purchases are non-refundable. However, if you haven’t downloaded a license file (or used a redeem code), you may obtain a refund within 14 days through the dealer where you purchased the software, or if purchased at any of PolyChrome DSP online stores, by contacting firstname.lastname@example.org.
The terms of this license agreement are as follows:
By installing the software, you confirm your acceptance of the PolyChrome DSP Ltd End User License Agreement.
This is a revocable, non-exclusive, single-user License.
This End User License Agreement (“Agreement”) is between PolyChrome DSP Ltd and you.
IMPORTANT – PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING THIS SOFTWARE.
By using the PolyChrome DSP Ltd Software you accept these terms. The PolyChrome DSP Ltd Software may be distributed with software or components from third-parties (“Third-Party Software”). Use of Third-Party Software is also subject to the terms of this EULA.
1. Limited Use License.
The Software is licensed, not sold, by PolyChrome DSP or its Third-Party Software suppliers (“Suppliers”) to the original end user for use only on the terms set forth in the Agreement. If and only if your Software is purchased through a PolyChrome DSP Authorized Dealer or Distributor, PolyChrome DSP, as Licensor, grants you, as an end user Licensee, a non-exclusive license to use the Software (which includes computer software, updates and any bug fixes subsequently delivered and associated media, printed materials and “online” or electronic documentation).
The Software is owned by PolyChrome DSP or its Suppliers as applicable, and is protected by copyright laws and international treaty provisions, as well as other intellectual property laws and treaties. PolyChrome DSP (or its Suppliers, as applicable) 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, which may be revoked if you do not follow these terms.
3. Limited Rights to Install and Use the Software.
(i) Permitted use and restrictions.
You may install the Software into the memory of no more than three computers for your internal business use or your own personal enjoyment, but may not redistribute or electronically transfer the Software to someone else’s computer or operate it in a time-sharing or service-bureau operation.
(ii) Reverse engineering and copying limitations.
You may make one copy of the Software for backup purposes only (and replacement backup copies in the event of loss of or damage to a backup copy), provided you include all copyright notices contained on the original media on the backup copy. You may not modify, translate, adapt, reverse engineer, decompile, create other works from, or disassemble the Software or any portions thereof (except and to the extent that applicable law expressly permits reverse engineering, decompilation or disassembly). This includes, but it's not limited to, analytical captures, impulse responses, profiles and/or machine learning training/validation/prediction.
(iii) Technical limitations.
The Software may include technological measures 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.
(iv) 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 PolyChrome DSP’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.
4. Export and Renting Restrictions.
You may not export, convey, rent, sublicense, or otherwise distribute the Software or any rights therein to any person or entity.
PolyChrome DSP shall have a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into the Software any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You relating to the features, functionality or operation of the Software (“Feedback”); provided, however, that PolyChrome DSP shall have no obligation to use or incorporate into the Software any Feedback, and You shall have no obligation to provide Feedback.
6. Registration Information.
PolyChrome DSP uses named licenses for its products. When You activate the Software, PolyChrome DSP may collect your name and email address and other contact information that You choose to provide (“Registration Information”). You agree to provide your real full name (or company name) to PolyChrome DSP in order to comply with the requirements needed to generate such licenses. PolyChrome DSP reserves all rights to terminate a license in any moment if the information provided are incorrect and/or fake (pseudonyms, anonymous or fake names like "John Doe" are not allowed) without any notice. You agree that PolyChrome DSP may use this Registration Information to contact You regarding your purchase and to deliver notifications relative to your use of the Software. PolyChrome DSP does not collect or retain any financial information from or about You (such as payment card information).
7. License Transfer.
Except if otherwise stated within this EULA, Licensee may resell the software to a third party or transfer the software permanently if the Licensee purchased the Software from any PolyChrome DSP store or from any PolyChrome DSP Dealer. PolyChrome DSP reserves all rights to deny any requests for the transfer of this license, and may institute transfer fees and policies as it sees fit at the time of any request for the transfer of this license, if the Licensee purchased the license from another Licensee.
By transferring a license, the third party agrees in writing with this EULA and Licensee ceases all use of the software, completely removes all installed copies of the software from its computer and – if the software was not purchased via download – deletes or transfers the original data storage to the third party (if Licensee is not obliged to a longer storage by law). NFR (not for resale) copies, including freeware products, free bonus products, and giveaway copies, cannot be resold.
Following respective request from Licensee via its email address registered with PolyChrome DSP, and payment of the Transfer Fee, the license file of the Product will be transferred by PolyChrome DSP to the third party, and at the same time the registration of Licensee for the software purchased will be deleted. The current and updated Transfer Fee can be found at this address https://polychromedsp.freshdesk.com
8. Excluded Products.
PolyChrome DSP and its Suppliers give NO warranty for Software free of charge, including Software designated as “demo”, “limited release,” “pre-release,” “loan,” “beta” or “test.” This Software is provided “AS IS.”
9. Limitation of Liability.
POLYCHROME DSP AND ITS SUPPLIERS 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 POLYCHROME DSP OR ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 POLYCHROME DSP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNTS RECEIVED FROM YOU FOR YOUR LICENSE OF THE SOFTWARE.
To the extent permitted by law, and without prejudice to any other rights PolyChrome DSP may have, PolyChrome DSP may terminate your license if you materially breach these terms and conditions.
11. Third-Party Software and Information.
This EULA governs any Third-Party Software distributed by PolyChrome DSP. PolyChrome DSP may include information about third party products and services, including links to Web sites run by others. PolyChrome DSP is not responsible for, and does not endorse or sponsor, this third-party information.
This Agreement constitutes the entire agreement between the parties with respect to the use of the Software and Documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by a duly authorized representative of PolyChrome DSP.
Should you have any questions concerning this Agreement, please contact PolyChrome DSP Ltd at email@example.com