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Terms and Conditions for WIMS STUDIO

Please read these Terms and Conditions carefully before using our Software.

THIS PROFESSIONAL END USER LICENSE AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR PROFESSIONAL CLIENT’S USE OF THE WOODMAN AUDIO TOOLS. BY ENTERING INTO THIS LICENSE AGREEMENT, PROFESSIONAL CLIENT IRREVOCABLY AND UNCONDITIONALLY AGREES TO THE TERMS OF THIS PROFESSIONAL END USER LICENSE AGREEMENT.

https://www.wimsstudio.com is a website operated by WIMS STUDIO, a business owned by Wim Cliquet, based in Tremelo, Belgium. The following pages outline the Terms and Conditions on which WIMS STUDIO supplies its Software and Documentation to its Licensees. By ordering or acquiring any of WIMS STUDIO’s Software, You irrevocably and unconditionally agree to be bound by these Terms and Conditions.

Please accept these Terms and Conditions at the bottom of this dialogue box. Please understand that if You refuse to accept these Terms and Conditions, You will not be able to order, install, or use any of WIMS STUDIO’s Software. Continuing with the installation process beyond this point constitutes a legally binding agreement.

If You have any questions related to these Terms and Conditions, please feel free to contact us at info@wimsstudio.com.

1. Terms Used

1.1 “WIMS STUDIO”, “We”, “Us”, “Our”, “Licensor”: means WIMS STUDIO and/or other companies appointed by WIMS STUDIO;

1.2 Documentation: means the user and installation manual pertaining to the Software which are included with the Software;

1.3 License: means the non-exclusive, non-transferable right to use the Software and Documentation as described in these Terms and Conditions;

1.4 Licensed Application: means an application in which the Software is embedded or processed;

1.5 Licensee, “You”, “Your”: means the physical person or legal person, the company or other legal entity obtaining a License;

1.6 Software: means all software components from Woodman Audio Tools;

1.7 Output: means any audio output partially or totally generated by the Software;

1.8 Terms and Conditions: means these terms and conditions on which WIMS STUDIO supplies its Software and Documentation;

1.9 Website: means https://www.wimsstudio.com.

2. License

2.1 WIMS STUDIO retains all right, title, and interest in the Software and its Documentation, and in all intellectual and industrial property rights and know-how relating thereto including but not limited to, patents, copyrights, trademarks, and trade secrets in or relating hereto. These shall be exclusively owned by WIMS STUDIO.

2.2 WIMS STUDIO grants the Licensee, who accepts, a non-exclusive, non-transferable and non-sub-licensable right to:

  • use the Software and Documentation on one device at a time that Licensee directly owns or controls, i.e., in a non-concurrent way, to use the Software privately and internally;
  • create privately and internally Output and subsequently to commercialize the Output created by the Licensee.

2.3 This License only grants rights for up to three devices for which Licensee will be provided with the Software (as a plugin or standalone application).

2.4 In no event shall Licensee be entitled to directly or indirectly use in any other way the License Software and/or Documentation.

2.5 No other rights are granted. For the sake of clarity, and without limitation, Licensee is not allowed (except to the extent expressly permitted by applicable compelling law or by terms and conditions regarding open source components in the Software):

  • to assign or make any commercial use of the Software, Documentation, and/or License with the only exception to commercialize the privately and internally created Output;
  • to duplicate the Software and the Documentation, except to make a backup copy of the Software for its own internal use in the event of a system failure;
  • to make any adaptations, modifications and/or derivative works or updates from and/or to the Software and the Documentation or any part thereof;
  • to cause the Software and Documentation (or in any similar way, the actual instruction sequences, internal logic, protocols, algorithms, or other intellectual property represented with the interfaces of the Software exposed) to be disassembled, decompiled, reverse-engineered;
  • to use the Software or Documentation in any other way as set out in article 2.2 This means that Licensee is not allowed, inter alia: (i) to use the Software on any smartphone, tablet, portable computer or PC that Licensee does not directly own or control; (ii) to distribute or make the Software or Documentation available over a network where it could be used by multiple devices at the same time; (iii) to rent, lease, lend, sell, redistribute or sublicense the Software or Documentation.

2.6 In no event shall Licensee misuse the Software and Documentation or names, logos, or trademarks of Licensor in any way whatsoever.

2.7 Any unlawful use or attempt to do one of the foregoing in article 2.5 or 2.6 is a violation of the rights of this License and will be subject to damages.

2.8 Consent to use of data. Licensee agrees that Licensor may collect and use technical data and related information, including but not limited to technical information about Licensee’s devices, systems, and application software, and peripherals, that is gathered periodically to facilitate the provision of Software updates, product support, and other services to Licensee (if any) related to the Software. Licensor may use this information, as long as it is in a form that does not personally identify Licensee, to improve its products or to provide its services or technologies.

3. Price and Payment

3.1 The price of the Software will be as quoted from time to time on WIMS STUDIO’s Website, except in cases of obvious error.

3.2 Prices are subject to change at any time, but changes will not affect orders for which an explicit order confirmation has already been sent by Licensor at the time of such price change.

3.3 Licensor is under no obligation to provide the Software to the Licensee at the incorrect lower price, even after Licensor has sent Licensee an explicit order confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by the Licensee as a mispricing.

3.4 The License fee(s) paid pursuant to this article shall in any event be non-refundable.

4. Term of the License

4.1 The Licensee has the right to terminate the License at any time by giving written notice to WIMS STUDIO. Termination of the License does not, however, entitle the Licensee to any reimbursement whatsoever and entails the obligation upon the Licensee to destroy and erase all copies of the Software and the Documentation from all machine-readable media, whether online or on archival copies. WIMS STUDIO has the right to demand proof all copies of the Software and Documentation have been destroyed.

4.2 In the event of a breach of any provision of these Terms and Conditions by the Licensee, WIMS STUDIO will have the right, at its sole discretion, to terminate the License with immediate effect and to remotely disable or uninstall the Software and Documentation in accordance with article 11.4 of these Terms and Conditions.

5. Termination

The License is effective until terminated by Licensor or Licensee. Licensee’s rights under this License will terminate automatically without notice from the Licensor if Licensee fails to comply with any of these Terms and Conditions. Upon termination of the License, Licensee shall cease all use of the Software and Documentation and destroy all copies, full or partial, of the Software and Documentation.

6. Assignment Restrictions

No License, nor any right, remedy, obligation, or liability related thereto, may be assigned, sub-licensed, or otherwise transferred in whole or in part by the Licensee.

7. Limited Warranty

7.1 The Software and Documentation are provided “as is”, without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, satisfactory quality, accuracy, quiet enjoyment, or non-infringement of third-party rights.

7.2 WIMS STUDIO does not warrant that the functions contained in the Software will meet the Licensee’s requirements. The entire risk as to the use, quality, and performance or non-infringement of third-party rights of the Software and Documentation is solely with the Licensee.

7.3 For the sake of clarity, WIMS STUDIO disclaims all warranty of any kind, either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, satisfactory quality, accuracy, quiet enjoyment, or non-infringement of third-party rights regarding the Licensed Application or Output, if any.

7.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WIMS STUDIO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES OR CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY.

8. Limitation of Liability

8.1 In no event will WIMS STUDIO, its content providers, its affiliates, and any of their respective directors, officers, employees, agents, or other representatives be liable for any direct, indirect, special, incidental, consequential, punitive, or aggravated damages, including loss of data, lost profits, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES or other special, incidental, consequential, or indirect damages OR PERSONAL INJURY, WITHOUT LIMITATION, arising out or in connection with: the website, the use of THE LICENSED APPLICATION, Software, Documentation, or accompanying materials. This limitation will apply even if WIMS STUDIO or its authorized agent has been advised of the possibility