PabloMartin Software License Agreement (EULA)

1. Agreement and acceptance

This End User License Agreement (the Agreement) is a legal agreement between you and Pablo Martin, an individual, of San Juan, Argentina, trading as PabloMartin (we, us or the Licensor), owner of all rights in the Software, for every software product we publish.

By downloading, installing, activating, copying or using the Software, you agree to this Agreement. If you do not agree, do not install or use the Software, and uninstall any copy you have.

If you accept this Agreement on behalf of a company or other organisation, you confirm that you have authority to bind it, and you then means that organisation. If you are under the age of majority where you live, a parent or legal guardian must accept this Agreement for you.

Accepting this Agreement electronically (for example by ticking a box in the installer or at checkout, or by clicking a button) has the same effect as signing it. We may keep a record of that acceptance.

2. Definitions

3. License grant

The Software is licensed, not sold. Subject to this Agreement and to payment of the applicable fee, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software in object-code form, for your own personal or professional use, on the number of Machines allowed by your purchase (two Machines per license, unless the product page states otherwise), one person at a time per license.

• Trial. You may use the Software without a License Key for evaluation, with the limits the Software shows (for example limited pages or features). Trial use may end or change at any time, and you may not try to extend or reset it.
• Free mode. Where a product offers a free mode when used together with certain open-source partner applications, that mode is offered at our discretion, only for that use, and may be changed or withdrawn at any time.
• Updates. Updates we provide are covered by this Agreement unless they come with their own terms. We do not have to provide updates, and some updates or new major versions may require a new purchase.
• Backups. You may make one copy of the installer for backup purposes, keeping all notices.
• Pre-release versions. Beta, preview or other pre-release versions may be incomplete, contain errors or stop working, and are provided only for evaluation and feedback, without any warranty.

All rights not expressly granted to you are reserved by us.

DAW Scripts and separate licenses. DAW Scripts are licensed only for use with the product they come with. If a product or component comes with its own separate license (for example an open-source script), that license applies to it instead of this Agreement.

4. Restrictions

Except as this Agreement expressly allows, or as applicable law permits despite this restriction, you must not, and must not allow anyone else to:

1. reverse engineer, decompile, disassemble, decrypt or otherwise attempt to derive the source code, algorithms, file formats, protocols or internal structure of the Software, including by memory dumping, debugging, hooking, tracing, or analysing its encrypted or obfuscated files;
2. circumvent, disable, remove or tamper with any license check, activation, copy protection, encryption, anti-tamper or other technical protection, or use any crack, key generator or patched copy;
3. modify, translate, adapt or create derivative works of the Software, except User Content you make with it as intended;
4. copy, distribute, sell, rent, lease, lend, sublicense, host, share accounts or License Keys, or make the Software available over a network for use by others;
5. remove or alter any copyright, trademark, license or attribution notice;
6. use the Software, its output, its documentation or its user interface to develop, train or benchmark a competing product, or to train machine-learning or AI models;
7. extract or redistribute the bundled templates, skins, images or DAW Scripts as standalone products;
8. use the Software in breach of any law, or to infringe anyone's rights.

Interoperability. Where the law of your country gives you a right to decompile parts of the Software to make an independent program work with it, you must first ask us in writing for the information you need, and you may use that right only to the extent the law allows.

5. Activation and license transfer

The full Software requires Activation. When you activate, the Software sends your account credentials and an identifier derived from your Machine's hardware to our licensing server, which records the Activation against your license. Changing major hardware may count as a new Machine.

• If you reach your Machine limit, contact us to release a Machine you no longer use. We may limit how often Machines are released to prevent abuse.
• You may not transfer your license to someone else without our prior written consent. If we consent, you must uninstall every copy, and the new owner must accept this Agreement.
• Licenses bought at an educational, promotional, not-for-resale or bundle price may not be transferred.
• We may suspend or revoke an Activation obtained by fraud, chargeback, refund or breach of this Agreement.

6. Ownership and intellectual property

The Software, including its code, design, user interface, protocols, templates, skins, images and documentation, is owned by us or our licensors and is protected by copyright, trade secret, trademark and other laws and international treaties. This Agreement gives you no ownership of the Software.

PabloMartin, Zonea, Vaetra, DPC-X and their logos are our trademarks. You may not use them except to refer truthfully to the Software. Names of third-party products mentioned in the Software or its documentation belong to their owners and are used only to describe compatibility.

If you send us suggestions, bug reports or other feedback, you allow us to use them freely, without payment or attribution.

7. Your content and templates

You keep all rights in the User Content you create. You may share or sell templates you make, provided they do not include our bundled templates, skins or images unchanged, or anything that lets someone use the Software without a license.

You are solely responsible for User Content and for any material you load into or display through the Software, such as images, video sources, captured windows and network streams. You confirm that you have the rights to use it. We do not monitor User Content and are not responsible for it.

8. Third-party components and software

The Software includes or installs Third-Party Components, such as open-source libraries, the NDI® runtime, a virtual MIDI driver, the Microsoft .NET runtime and Visual C++ runtimes. Each is licensed under its own terms, listed in the THIRD-PARTY-NOTICES file installed with the Software, and those terms prevail for that component. Where an open-source license (for example the LGPL) gives you rights, such as replacing a library with a modified version, nothing in this Agreement limits those rights. NDI® is a registered trademark of Vizrt NDI AB.

The Software controls and exchanges data with other programs and devices, such as DAWs, streaming and video software, operating system features and MIDI or network hardware. Those products are not ours, are not covered by this Agreement, and may change in ways that stop the Software, or a DAW Script, from working with them. We do not guarantee compatibility with any third-party product or version, or with future versions of the operating system.

9. Data, privacy, network use and system changes

What the Software sends. Products that require Activation send your account credentials and a hardware-derived Machine identifier to our licensing server. Products may check our website for new versions. Features you turn on (OSC, HTTP requests, video over the network, the OBS connection and similar) send and receive data only to the addresses you configure. We do not sell your personal data. Our Privacy Policy at pablomartin.com explains how we process it, in accordance with Argentine Personal Data Protection Law No. 25,326 and other applicable data protection laws. You may ask us to access, correct or delete your personal data by writing to [email protected].

Diagnostic files. If the Software crashes it may write an encrypted diagnostic file and logs on your computer. They stay there unless you choose to send them to us for support.

System changes. To work as designed, a product's installer and the product itself may install drivers and runtimes, add firewall rules for its own programs, register helpers that start with the operating system (for example so a virtual MIDI port is ready for your DAW), and change system settings such as touch, pen, gesture, taskbar, focus, power, driver, service and registry settings when you enable the corresponding options. Some features send keystrokes or MIDI to other programs on your behalf. You are responsible for configuring these features and for their effect on the programs you control.

10. Backups and data loss

You are responsible for backing up your data. Keep regular copies of your templates, skins, settings, DAW projects and any other data on a separate drive or service before installing, updating or using the Software.

To the maximum extent permitted by law, we are not responsible for any loss, corruption or alteration of data, including templates, settings, projects, recordings, sessions, MIDI mappings or files of other programs, however caused, including by a defect in the Software, an update, an installation or uninstallation, a crash, a power failure, or the Software's interaction with other programs, drivers or hardware. Our only obligation, where the law requires one, is limited as described in section 13.

11. Live performance, critical use and system tools

The Software is not fault-tolerant. You are responsible for testing your setup, templates, DAW Scripts and hardware before any performance, broadcast, recording, installation or other event, and for having a fallback.

We are not liable for a failed, interrupted or degraded show, stream, broadcast, recording, session or event, or for any resulting loss of fees, bookings, reputation or audience. The Software must not be used where its failure could cause death, personal injury, or physical or environmental damage, such as controlling safety systems, stage machinery, pyrotechnics or medical equipment.

Experimental and system tools. Some products are free, experimental tools that change low-level parts of the operating system (for example DPC-X, which diagnoses and reduces DPC latency in Windows by changing drivers, services, interrupts, power and registry settings). Such changes may make the system unstable, stop devices or programs from working, prevent the operating system from starting, or cause loss of data. You may use these tools only:

1. on a computer for which you have made, immediately before using them, a complete backup of your data and a full image of the operating system, with a working way to restore them (for example a tested system image and recovery media);
2. to solve the specific problem they are made for, never as routine maintenance;
3. on computers you own or administer, and not on production, studio or live machines in active use.

You use these tools entirely at your own risk. They are provided free of charge and as is, we have no obligation to support or update them, and, as section 13 states, we have no liability for any damage, data loss, downtime, repair or reinstallation they may cause, to the extent the law allows.

12. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, RUN WITHOUT INTERRUPTION OR ERRORS, BE FREE OF VIRUSES OR OTHER HARMFUL CODE INTRODUCED BY THIRD PARTIES, WORK WITH ANY PARTICULAR HARDWARE, OPERATING SYSTEM, DRIVER OR THIRD-PARTY SOFTWARE OR VERSION, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, CREATES ANY WARRANTY NOT STATED HERE.

Some jurisdictions do not allow these exclusions, so some of them may not apply to you. In that case, any implied warranty is limited to the shortest period the law allows.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, REVENUE, BUSINESS, GOODWILL, BOOKINGS OR ANTICIPATED SAVINGS, OR COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF WE WERE ADVISED OF THE POSSIBILITY.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE WILL NOT EXCEED THE PRICE YOU ACTUALLY PAID FOR THE LICENSE OF THE PRODUCT THAT GAVE RISE TO THE CLAIM. IF YOU PAID NOTHING (FOR EXAMPLE IN TRIAL OR FREE MODE), WE HAVE NO LIABILITY TO YOU, TO THE EXTENT THE LAW ALLOWS.

These limits are an essential basis of the bargain and apply even if a remedy fails of its essential purpose. Nothing in this Agreement limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law, and nothing affects the statutory rights you have as a consumer.

14. Indemnity

To the extent permitted by law, you will defend, indemnify and hold harmless us, our affiliates and licensors from any claim, loss, damage, liability, cost or expense (including reasonable legal fees) arising from your breach of this Agreement, your User Content, your misuse of the Software, or your infringement of anyone's rights.

15. Term and termination

This Agreement applies until it ends. It ends automatically, without notice, if you breach any of its terms, including section 4, or if your payment is refunded or reversed. We may also end it if we are required to by law. You may end it at any time by uninstalling and deleting every copy of the Software.

When it ends, your license and any Activations end, and you must stop using the Software and delete all copies. Sections 4, 6, 7 (second paragraph), 10 to 14 and 17 to 20 survive termination. Ending this Agreement does not by itself give you a right to a refund; refunds are governed by the Terms of Service in force when you bought.

16. Updates and changes

We may change, add or remove features, change system requirements, or stop supporting older versions, operating systems or third-party products at any time. We may end support or sale of the Software, in which case the license you already have continues under this Agreement, but we have no obligation to keep the activation service, updates or support running indefinitely.

We may update this Agreement. The version in force is the one shown in the installer or on our website when you install or update; continuing to use an update means you accept the version that comes with it. Changes do not apply to a dispute that started before the change.

17. Export control and sanctions

You must comply with all export control and sanctions laws that apply to the Software. You confirm that you are not located in, or a resident of, a country or region subject to comprehensive sanctions, and that you are not on any government list of restricted or prohibited parties. You will not export, re-export or provide the Software in breach of those laws.

18. Governing law and disputes

This Agreement is governed by the laws of the Argentine Republic, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The ordinary courts of the City of San Juan, Province of San Juan, Argentina have exclusive jurisdiction, except that we may seek urgent relief to protect our intellectual property in any court.

If you are a consumer, you also keep the protection of the mandatory laws of the country where you live, and you may bring a claim in the courts of that country where the law allows.

19. General

• Entire agreement. This Agreement, together with the Terms of Service and Privacy Policy on pablomartin.com, is the entire agreement about the Software and replaces any earlier agreement on the subject. If they conflict, this Agreement prevails for the use of the Software.
• Severability. If a court finds any part unenforceable, that part is enforced to the maximum extent allowed and the rest stays in force.
• No waiver. Not enforcing a right is not a waiver of it.
• Assignment. You may not assign this Agreement without our written consent. We may assign it, for example as part of a sale or reorganisation of our business.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• Urgent relief. A breach of section 4 or of our intellectual property rights may cause harm that money cannot repair, so we may ask any competent court for urgent or injunctive measures, in addition to any other remedy.
• Notices. We may send you notices to the email address of your account or through the Software or our website. You must send notices to [email protected]. A notice by email is received when it is sent, unless the sender learns that it was not delivered.
• Interpretation. Including means including without limitation. Headings are for convenience only and do not change the meaning of any section.
• Language. This Agreement is written in English and is also offered in other languages. If a translation differs from the English version, the English version prevails, except where the law of your country requires this Agreement in your language, in which case the version in that language applies to you. For consumers in Argentina, the Spanish version prevails.
• Contact. Pablo Martin, San Juan, Argentina, [email protected].

20. Special terms for DPC-X

DPC-X is free software made to mitigate DPC latency problems in Windows. To do that it modifies the operating system, including drivers, services, interrupt, power and registry settings. These changes can make the system unstable, stop devices or programs from working, prevent Windows from starting, or cause loss of data.

• Only with complete backups. You may use DPC-X only if you have, made immediately before using it, a complete backup of all the content of your computer and a full image of the operating system, and a tested way to restore them. If you do not have them, do not use DPC-X.
• Warnings you received. The DPC-X website, its documentation and the program itself warn you about these risks, several times and before any change is applied. By using DPC-X you confirm that you have read and understood those warnings and that you accept the risk.
• Your own risk. You use DPC-X entirely at your own risk. To the extent the law allows, we have no liability for any damage, data loss, downtime, repair or reinstallation it may cause, and no obligation to repair or restore your system or to recover your data.
• Priority. For DPC-X, this section prevails over any other section of this Agreement.