End User Licence Agreement

This agreement is between you and Lemmy Adam LLC (“we”, “us”), a Nebraska limited liability company. It covers Echoplasm and any other software we publish that refers to it, including updates, documentation and presets (the “Software”). By installing or using the Software, you agree to it. If you don’t agree, don’t install or use the Software.

1. The licence

The Software is licensed, not sold. When you buy a licence, we grant you a personal, non-exclusive, non-transferable worldwide licence to install and use the Software, subject to this agreement.

Who: one person (or, if bought by a company, one named user in that company).
Where: on up to 3 computers at a time that you own or control. You can deactivate a computer to free its place, from the Software or from your account.
What for: anything you like, including commercial music, sound design, film, games and broadcast. You own what you make with the Software. There are no royalties.

2. Trial

A trial licence lets you use the full Software for a limited time to evaluate it. When the trial ends, the Software stops processing audio until you buy a licence. Trials are for evaluation only; please don’t try to reset or extend them.

3. What you may not do

Except as the law expressly allows, you may not:

copy the Software, except to install it as section 1 allows and to keep backups;
share, rent, lend, sell, sublicense or distribute the Software, your licence key or licence file, or put them where others can get them;
reverse engineer, decompile or disassemble the Software, or try to work out its source code or algorithms;
remove, change or get around the licensing or copy protection, or any copyright or trademark notices;
modify the Software, or make products based on it.

4. No transfers

Your licence is personal to you. You may not sell, give away or otherwise transfer it, or your account, to anyone else.

5. Updates

Updates to the Software (bug fixes and new features in the same product) are free for the life of the product. A future major version may be sold as a separate product. We aren’t obliged to provide updates, and the Software may stop working with future operating systems or hosts.

6. Activation and licensing

The Software must be activated online once (offline activation is also available). Activation and licence checks are handled by our licensing provider, Moonbase, as described in our Privacy Policy. We may deactivate a licence whose payment has been refunded or charged back, or that is used against this agreement.

7. Ownership

The Software is protected by copyright and other laws. Lemmy Adam LLC (and its licensors) own the Software and all rights in it that aren’t expressly granted to you. “Echoplasm” and the Echoplasm ghost are trademarks of Lemmy Adam LLC.

The Software includes third-party components under their own licences, listed in the Software’s credits and on our Credits page. Nothing in this agreement limits your rights under those licences.

8. Termination

This licence lasts until it ends. It ends automatically if you break this agreement; we may also end it after giving you notice. When it ends you must stop using the Software and delete it. Sections 3, 7, 9, 10 and 11 continue after it ends.

9. No warranty

The Software is provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement, to the fullest extent the law allows. We don’t promise that it will be free of errors or run without interruption. Audio software can produce loud sounds: protect your ears and your speakers.

10. Limitation of liability

To the fullest extent the law allows, we aren’t liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, data, projects or recordings, however caused, even if we were told they were possible. Our total liability for any claim about the Software is limited to the amount you paid for it.

Some places don’t allow these exclusions or limits, so they may not all apply to you. Nothing in this agreement limits rights you have as a consumer that can’t be limited by contract.

11. General

This agreement is governed by the laws of the State of Nebraska, United States, without regard to its conflict of laws rules, and the courts in Nebraska have jurisdiction, unless consumer law where you live says otherwise. If any part of this agreement can’t be enforced, the rest still applies. Our not enforcing something isn’t a waiver. This agreement, with our Terms of Sale and Refund Policy, is the whole agreement between us about the Software.

Questions: [email protected].

EULA