Online Shop Policies

This license statement constitutes a legal agreement ("License Agreement") between you (either as an individual or a single entity) and Rayzoon Technologies LLC ("RAYZOON") for software developed and sold by RAYZOON ("SOFTWARE") , including any files, media, and accompanying on-line or printed documentation.

BY PURCHASING, INSTALLING, COPYING, AND/OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE, DO NOT ORDER OR DOWNLOAD ANY OF THE PRODUCTS.

1. PRICING.
Product pricing in our online store is listed in US dollars and exclusive of any and all taxes, including, without limitation, sales tax, use tax, value added tax or other taxes. You are solely responsible for paying all such taxes. You must refer to the policies of our 3rd party payment processors (PAYPAL, DIGITAL RIVER) concerning currency conversion and any automatic application of VAT for customers in the EU.

2. ELECTRONIC DELIVERY.
The manager tool used to download, install and update the free and full version of Jamstix and its expansions can be downloaded free of charge at any time from the SUPPORT section of RAYZOON's web site. After purchasing, you will receive an email with a customer key to use in the manager tool. You should receive your delivery email within a few minutes to 24 hours (on U.S. weekends and holidays it may take up to 48 hours). Please check your spam filter if you think your delivery mail is late and contact support for assistance.

3. ORDER CANCELLATION.
In addition to the order cancellation policies of our 3rd party payment processors (PAYPAL, DIGITAL RIVER), orders can be cancelled via email (sales@rayzoon.com) until the delivery email for the ordered product(s) has been sent. After that moment, the order cannot be cancelled and the sale of the product is final.

4. REFUNDS.
Prior to purchase, use the free version of Jamstix to ensure you are satisifed with its performance and functionality. Due to the lack of intrusive hardware-locking in Jamstix all sales are final, no refunds will be processed and licenses are non-transferrable.

5. DATA USAGE CONSENT.
You agree that RAYZOON may collect, store and use your name, address, email address and payment history as part of the ordering and maintenance services related to the Software. RAYZOON is not responsible for, nor does it have access to, any additional data about you collected and used by 3rd party payment processors (PAYPAL, DIGITAL RIVER). Please refer to our privacy policy for more details.

6. GRANT OF LICENSE.
a. Subject to the terms and conditions of this License Agreement, RAYZOON grants to you a personal, nonexclusive, nontransferable and limited license to install and use the Software for the purposes set forth herein. Unless you have purchased additional licenses from RAYZOON, you may install copies of the Software on all your personal computers but only use one copy at any point in time. If you are an entity, RAYZOON grants you the right to designate one individual within your organization ("Named User") to have the right to use the Software in the manner provided herein. If you have purchased additional licenses from RAYZOON or a RAYZOON authorized reseller, you may install and use the number of copies of the Software up to the number of users, CPU's, servers and/or at the sites granted to you in writing by RAYZOON ("Licensed Copies").

b. This Software is owned by RAYZOON and is protected by copyright law, international copyright treaties, as well as other proprietary notices. Therefore, you must treat this Software like any other copyrighted material (e.g., a book) and you agree that the total number of copies of the Software used by you simultaneously may not exceed the number of Licensed Copies paid for by you.

c. Subject to the further terms and conditions of this License Agreement, the term of this license is perpetual (unless terminated as provided below).

7. LICENSE RESTRICTIONS.
a. Except as provided in this License Agreement, you receive no rights and agree not to transfer, rent, lease, lend, copy, modify, translate, port, localize, create derivative works of, market, distribute, sublicense, time-share or electronically transmit or receive the Software, media or documentation. You acknowledge that the Software in source code form remains a confidential trade secret of RAYZOON and/or its suppliers and therefore you agree not to modify the Software or attempt to reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. As a confidential trade secret, you shall use your best efforts to protect the proprietary or confidential information supplied by RAYZOON in its Software (including any source code), in the same manner in which you would protect your own proprietary or confidential information, but not less than reasonable precautions to protect such proprietary or confidential information and you shall not use such proprietary or confidential trade secret for your own benefit or the benefit of any other person or entity, except as may be specifically permitted hereunder.

b. If you have purchased an upgrade version of the Software, it constitutes a single product with the RAYZOON software that you upgraded. You may use the upgrade version of the Software together with the original only in accordance with this License Agreement.

8. LICENSE TERMS FOR AUDIO SAMPLES
Nothing in this License Agreement permits you to extract and use the audio samples contained within the Software in your own commercial or non-commercial applications. Use of these samples is only permitted within the Software.

RAYZOON does not reserve any rights to audio material that you produce using the Software.

9. LIMITATION OF USE
The Software code is the proprietary and confidential property of RAYZOON. You may NOT decompile, disassemble or reverse-engineer any software provided by RAYZOON.

10. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RAYZOON OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS OR BUSINESS INTERRUPTION, GOODWILL, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) WHETHER BASED ON PRINCIPLES OF CONTRACT, TORT (INCLUDING NEGLIGENCE), DUTY, INDEMNITY, CONTRIBUTION OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF RAYZOON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, RAYZOON'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $25. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

11. EXPORT CONTROLS
You may not download or otherwise export or re-export the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulation. In particular, without limiting the foregoing, the Software cannot be downloaded, exported or re-exported into (or to a national or resident of) Cuba, Sudan, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or to anyone on the United States Treasury Department's list of Specially Designated Nationals, the United States Commerce Department's Entity List, or the United States Commerce Department's Denied Parties list. You agree to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, you are responsible for complying with any local laws in your jurisdiction, which may impact your right to import, export or use this Software.

12. U.S. GOVERNMENT RESTRICTED RIGHTS
The Software and any accompanying documentation are "Commercial Items", as that term is defined at 48 CFR Section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 CFR Sections 12.212 and 227.7202, as applicable. Consistent with 48 CFR Sections 12.212 or 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States. Manufacturer is rayzoon technologies, 113 Dogwood Drive, Camden NC 27921.

13. TERMINATION
Your license to use the Software shall become effective on the date you agree to the terms and conditions of this License Agreement. Your license to use the Software shall terminate automatically if you fail to comply with the limitations described in this License Agreement. No notice shall be required from RAYZOON to effectuate such termination. Upon expiration or termination of this License Agreement for any reason, you shall make no further use of the Software and shall destroy all copies of the Software and all of its component parts on all systems, in all forms, in all types of media and computer memory, and whether or not modified or combined with other materials.

14. GENERAL PROVISIONS
This License Agreement is governed by the laws of the State of North Carolina, U.S.A., excluding its or any other jurisdiction's choice of law rules and excluding the United Nations Convention for Contracts for the International Sale of Goods. This License Agreement gives you specific legal rights; you may have others, which vary from state to state and from country to country. RAYZOON reserves all rights not specifically granted in this License Agreement.

This License Agreement will not be modified except by a properly executed written agreement. Any terms and conditions of any purchase order or other instrument issued by you in connection with this License Agreement which are in addition to, inconsistent with or different from the terms and conditions of this License Agreement will be of no force or effect.

If any provision of this License Agreement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect.

Failure by either party at any time to enforce any obligation by the other party, to claim a breach of any term of this License Agreement or to exercise any power agreed to hereunder will not be construed as a waiver of any right, power or obligation under this License Agreement, will not affect any subsequent breach, and will not prejudice either party as regards any subsequent action.

Except as expressly permitted hereby, you may not assign any rights or obligations under this License Agreement without the prior consent of RAYZOON.

The provisions of this License Agreement that by their nature and content are intended to survive the performance hereof shall so survive the completion and termination of this License Agreement.

Rayzoon was founded by Ralph Zeuner to develop software that simulates the process and idiosyncracies of human drummers in order to enhance and accelerate song composition and arrangement. Since 2005, our software has inspired thousands of satisfied customers in 70 countries, aiding and simplifying the creation of their music.

Copyright © 2005-2019 Rayzoon Technologies LLC

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