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EULA

This is the Freq FX End User License Agreement. The FFX EULA is subject to change and the most recent version will always be found here.

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EULA: End-User Licenses Agreement

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This EULA is subject to change at anytime. To obtain the most up-to-date copy, please visit freqfx.com

This End-User License Agreement (“EULA”) is a legal agreement between you and Freq FX and applies to all Freq FX Products be they purchased, freely-distributed (free of cost, no-charge, gratis), or Beta. These terms apply regardless of the distribution method of the Freq Fx Product(s), be it through freqfx.com, gumroad.com, a third party site, direct transfer from Freq FX or a Freq FX agent, or any and all other methods of distribution be they digital or physical.

By Using a Freq FX Product, you submit to the fallowing terms:

End-User License Agreement (EULA) of Freq Seq and all Products and Services provided by Freq FX

This EULA sets forth the contractual terms and conditions (“Terms”) between you (“Licensee”, “User” “You/you”, “Your/your”, or “You’re/you’re”) Freq FX and its agents and affiliates (collective Freq FX”, “we”, “us”, or “our”) for the use Freq FX’ products, including, without limitation, any (a) information, data, documents, images, photographs, graphics, audio, videos, or webcasts, and (b) Licensed Software (defined below) including related media, documentation (for example, program descriptions or manuals) and any other documents and materials manufactured Freq FX, (“Product(s)”).

Freq FX reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Product(s) following the posting of changes will mean that you accept and agree to the change Freq FX will make the current version of the Terms available at freqfx.com, (“Site”). Your use of the Product(s) is subject to the most current version of the Terms at the time of such use.

By installing and/or by registering the Product(s) on your computer, you declare yourself in agreement with these Terms. If you do not agree with these Terms, you must not install the Product.

You may not use the Product(s) if (a) you are prohibited by Law from receiving or using the Product(s), (b) you are not fully able and competent to enter into a binding contract with Freq FX, such as if you are not of legal age and/or have not obtained verifiable parental consent. In particular, through acceptance of these Terms, you affirm that you are over the age of 18 and acknowledge that the Products are not intended for children under 18.

Freq FX may require you to provide consent to updated Terms before further use of the Product(s) or Services is permitted. Otherwise, your continual use of any Product(s), Site or Service constitutes your acceptance of the changes.

This EULA agreement governs your acquisition and use of our Freq Seq and Freq Fx Product(s) software (“Software”) directly from Freq FX or indirectly through a Freq FX authorized reseller or distributor (a “Reseller”).

Please read this EULA agreement carefully before completing the installation process and using the Freq Seq or Freq Fx Product(s) software. It provides a license to use the Freq Seq or Freq Fx Product(s) software and contains warranty information and liability disclaimers.

If you register for a free trial of the Freq Seq or Freq Fx Product(s) software, this EULA agreement will also govern that trial. By clicking “accept” or installing and/or using the Freq Seq or Freq Fx Product(s) software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.

This EULA agreement shall apply only to the Software supplied by Freq FX herewith regardless of whether other software is referred to or described herein. The terms also apply to any Freq FX updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

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License Grant

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Freq FX hereby grants you a personal, non-transferable, non-exclusive license to use the Freq Seq or Freq Fx Product(s) software on your devices in accordance with the terms of this EULA agreement.

You are permitted to load the Freq Seq or Freq Fx Product(s) software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Freq Seq or Freq Fx Product(s) software.

You are not permitted to:

– Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things.

– Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose not approved by Freq FX.

– Transfer the license or products purchased from Freq FX to a third party.

– Publish or sell commercial or non-commercial 3rd party products or software which are based on this product without written permission from Freq FX.

– Allow any third party to use the Software on behalf of or for the benefit of any third party.

– Use the Software in any way which breaches any applicable local, national or international law.

– Use the Software for any purpose that Freq FX considers is a breach of this EULA agreement.

– Use Freq Seq or any Freq Fx Product(s) for evil purposes.

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Intellectual Property and Ownership

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Freq FX shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Freq FX.

Freq FX reserves the right to grant licenses to use the Software to third parties.

The Products are protected by the copyright laws of the U.S. and other countries, and Freq FX retains all Intellectual Property Rights in the Product(s). You may not separately publish, sell, market, lease, rent, or sublicense the Product(s) code. However, this license is not to be construed as prohibiting or limiting any fair use sanctioned by copyright law, such as permitted library and classroom usage.

Product(s):

All Product(s), and their selection and arrangement, are protected by Intellectual Property Rights. Except as expressly provided herein, Freq FX does not grant any express or implied rights to use the Product(s). All rights, title and interest in the Product(s), in all languages, formats and media throughout the world, are and will continue to be the exclusive property of Freq FX and nothing in the Terms shall be construed to confer any license or right, by implication, estoppels or otherwise, under copyright or other intellectual property rights, to you or any third party.

Trademarks:

The Marks are the property of Freq FX. You are not permitted to use the Marks without the prior written consent of Freq FX. Freq FX and the Freq FX logo are trademarks of Freq FX. The Freq Seq and the Freq Seq logo are trademarks of Freq FX.

Your Content:

If you are an individual User, then you own all right, title, and ownership to Your Content.

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Warranty

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You represent and warrant that with regard to Your Content: (a) you own the Intellectual Property Rights, or have obtained all necessary license(s) and permission(s), to use Your Content in keeping with your use in connection with the Product(s) or as otherwise permitted by the Terms; (b) you have received consent from any and all persons depicted in Your Content to use Your Content as set forth in the Terms, including distribution, public display, public performance and reproduction of Your Content; and (c) Your Content does not violate or infringe any intellectual property right or other proprietary right, including right of publicity or privacy, of any person, company or entity, or other third party.

You agree to indemnify and hold Freq FX and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of Your Content, your use of the Product(s), Services or Site, your connection to the Product(s), Services or Site, your use and access of personal information of other Users, the actions of any member of your group, your access to or use of web sites and your connections therewith, any claim that Your Content caused damage to someone else, any dealings between you and anyone else advertising or promoting via the Product(s), Services or Site, your violation of the Terms, or your violation of any rights of another, including any Intellectual Property Rights.

THIS PRODUCT IS PROVIDED “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL FREQ FX BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

ANY SOFTWARE OR CONTENT DOWNLOADED, MADE AVAILABLE, OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE PRODUCTS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FREQ FX ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE.

Freq FX will warrant that the Product(s) will provide the features and functions generally described in the product specification on our Site as of the date of your download and as described in the documentation provided with the Product(s) at the time of purchase.

Freq FX makes no warranty that the Product or your ability to use it will be uninterrupted or error-free. Freq FX has taken all reasonable steps to keep its Products free of viruses, spyware, “back door” entrances, or any other harmful code. The Product(s) will not download or install patches, upgrades, or any third party products without getting your permission. We will not intentionally deprive you of your ability to use any features of the Product(s) or access to Your Content.

Your exclusive remedy under the above limited warranty shall be exclusively at Freq FX’s capricious whim, if any remedy is provided at all.

Due to their nature all Digital Sales are final unless otherwise stated.

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Privacy

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Freq FX assures to process only data which is technically necessary or which is intellectual property belonging of Freq FX. This software will only read, write or modify files which are property of Freq FX or which are technically necessary to grant a proper operation of the software.

Freq FX will not ever send, submit, distribute or sell any personal data from the user under any circumstances.

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Termination

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This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Freq FX.

It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

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Governing Law

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This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of UNITED STATES OF AMERICA, CALIFORNIA.

You acknowledge that the Products and Services are subject to the U.S. export control and sanctions laws (including the Export Administration Regulations) (“Export Controls”) and that you will comply with the Export Controls. You will not export, re-export or import the Product(s) directly or indirectly, to, or use the Product(s) or Services in connection with: (a) any countries that are subject to U.S. export restrictions (including, but not limited to, Cuba, Iran, North Korea, Sudan, and Syria), or (b) any end User who has been prohibited from participating in the U.S. export transactions by any federal agency of the U.S. government. In addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export or use the Products or Services. If Freq FX has knowledge that a violation has occurred, Freq FX may be prohibited from providing the Products and/or Services.

You agree that any claim or dispute you may have against Freq FX must be resolved by a court located in Los Angeles County and or City, California, United States of America, except as otherwise agreed to by the parties. You agree to submit to the personal jurisdiction of the courts located in Los Angeles County and or City, United States of America when California laws applies, for the purpose of litigating such claims or disputes.