1. Scope of Agreement

This EULA applies only to Software supplied by Zimmhauser LLC, regardless of whether other software is referenced or described. The terms also apply to any updates, upgrades, enhancements, supplements, internet-based services, and support services related to the Software, unless separate terms accompany those items.

2. License Grant

Zimmhauser LLC hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable license to install and use the Software on devices under your control, strictly in accordance with the terms of this EULA.

You are responsible for ensuring that your hardware, software, and systems meet the minimum requirements necessary to use the Software.

3. Permitted Uses

You ARE permitted to:

• Use the Software in commercial and non-commercial audio productions, including but not limited to:
  • Music recordings
  • Film, television, and multimedia projects
  • Video games
  • Advertising and promotional content
• Use the Software in client work, including mixing, mastering, production, and sound design services
• Incorporate the Software into finished audio productions where the Software is not extractable or reusable by third parties

4. Prohibited Uses (Strict Prohibitions)

You ARE NOT permitted, under any circumstances, to:

• Share, distribute, sublicense, rent, lease, loan, sell, resell, gift, or otherwise transfer the Software, in whole or in part
• Upload or make the Software available on any file-sharing service, cloud storage, collaboration platform, or peer-to-peer network
• Include the Software in any sample library, impulse response pack, preset pack, plugin, hardware product, or other derivative product
• Allow any third party to access or use the Software, whether free or paid
• Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works from the Software
• Use the Software in any manner that violates applicable local, national, or international law
• Use the Software in any way that Zimmhauser LLC determines constitutes a breach of this EULA

No exceptions are granted for bandmates, collaborators, studios, or clients. Each user must obtain their own license.

5. Intellectual Property and Ownership

The Software is licensed, not sold.

Zimmhauser LLC retains all right, title, and interest in and to the Software, including all copyrights, trademarks, trade secrets, and other intellectual property rights. All rights not expressly granted to you under this EULA are reserved by Zimmhauser LLC.

This EULA does not grant you any ownership interest in the Software.

6. Termination

This EULA is effective from the date you first download, install, access, or use the Software and remains in effect until terminated.

Zimmhauser LLC may terminate this EULA immediately if you fail to comply with any term of this Agreement. Upon termination, you must immediately cease all use of the Software and delete all copies in your possession or control.

Sections relating to intellectual property, limitations of liability, disclaimers, and governing law shall survive termination.

7. Disclaimer of Warranties

The Software is provided “AS IS” and “AS AVAILABLE”, without warranty of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Zimmhauser LLC does not warrant that the Software will meet your requirements, operate uninterrupted, or be error-free.

8. Limitation of Liability

To the maximum extent permitted by law, Zimmhauser LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use or inability to use the Software, including but not limited to loss of profits, data, or business opportunities.

9. Governing Law

This EULA and any disputes arising out of or in connection with this Agreement shall be governed by and construed in accordance with the laws of the United States, without regard to conflict-of-law principles.

10. Third-Party Reference Disclaimer

Any third-party product names, trademarks, or companies referenced in connection with the Software are the property of their respective owners and are used solely for identification purposes. Such references do not imply endorsement, affiliation, or sponsorship by Zimmhauser LLC.

11. Entire Agreement

This EULA constitutes the entire agreement between you and Zimmhauser LLC regarding the Software and supersedes all prior or contemporaneous agreements, communications, or understandings.