Mosasaur Freeware License

The proposed grant protects continued free use of released versions. It does not guarantee future development or downloads. The broader marketing statement “free and always will be” is also a commitment about Mosasaur’s future pricing; the released-version grant alone does not establish that separate promise.

MOSASAUR END USER LICENSE AGREEMENT
Proposed Version 1.2 — DRAFT, not yet effective
This End User License Agreement (the “Agreement”) is a legal agreement between you (“You”) and Mosasaur Labs (“Licensor”)
governing your use of the Mosasaur software synthesizer plug-in, including its factory presets, documentation and any updates
provided to you (together, the “Software”).
By installing, copying or using the Software, you agree to be bound by this Agreement. If you do not agree, do not install or
use the Software.
1. License Grant
For each version of the Software officially released by Licensor free of charge, including previously released versions, Licensor grants You a worldwide, royalty-free, non-exclusive, non-transferable, perpetual and irrevocable license to install and use that released version on any number of computers that You own or control, for both personal and commercial purposes, subject to Section 2 and the breach provisions in Section 10.
This grant does not expire and cannot be withdrawn at Licensor’s discretion. No subsequent license revision, discontinuation of distribution, change of ownership, or introduction of a fee for any other product or service will impose a license fee on, or diminish this grant for, a version already released free of charge. No donation, subscription, account or continued internet access is required to exercise this grant.
The grant does not promise future updates, support, continued download availability or compatibility with future systems. It does not grant permission to redistribute the Software beyond rights expressly stated in this Agreement.
2. Restrictions
You may not:
(a) sell, rent, lease, sublicense, or otherwise charge any fee for the Software;
(b) distribute or redistribute the Software, in original or modified form, by any means, including bundling it with any other product,
service, sample library, hardware, or publication, or mirroring it for download;
(c) modify, adapt, translate, decompile, disassemble or reverse engineer the Software, or attempt to derive its source code, except
and only to the extent that applicable law expressly permits this notwithstanding this limitation;
(d) remove, obscure or alter any copyright, trademark or other proprietary notice in the Software or its documentation;
(e) use the names “Mosasaur” or “Mosasaur Labs”, or any Licensor logo, to endorse, promote or identify any product, service or
derivative work, without prior written permission.
3. Your Music and Your Presets
Licensor claims no right of any kind in audio You produce using the Software. Music, sound design, recordings and other audio
output created with the Software are Yours. You may use, perform, distribute, license and sell that output commercially, with no
royalty, fee, credit or notification owed to Licensor.
Presets You create are likewise Yours, and You may share or sell them. The factory preset collection supplied with the Software
may be used and modified freely within the Software, but may not be redistributed as a collection, in whole or in substantial part,
whether or not modified.
4. Ownership
Mosasaur™ is a trademark of Mosasaur Labs.
The Software is licensed, not sold. Licensor retains all right, title and interest in the Software, including all intellectual property rights
in it. This Agreement grants You no rights other than those expressly stated in Section 1.
5. Beta Software
You acknowledge that this release of the Software is beta software. It may contain defects, may behave unpredictably, and may
change in ways that are not backward compatible. Project files, presets and sessions created with a beta release may not open
correctly in later releases. Do not rely on the Software for work You cannot afford to lose, and keep independent backups of any
project that uses it.
6. No Warranty
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR
REQUIREMENTS, THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE
CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT
NOT LIMITED TO LOSS OF DATA, LOSS OF PROJECTS OR RECORDINGS, LOSS OF PROFITS, BUSINESS INTERRUPTION,
DAMAGE TO EQUIPMENT, OR HEARING DAMAGE, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE

THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE THE
SOFTWARE IS PROVIDED FREE OF CHARGE, LICENSOR'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT
SHALL NOT EXCEED ZERO UNITED STATES DOLLARS (USD 0.00).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In those jurisdictions, the above
exclusions apply to the fullest extent permitted by law, and nothing in this Agreement limits liability that cannot lawfully be limited.
8. Audio Safety
The Software is capable of producing audio at high volume, including sudden loud output resulting from feedback, self-oscillation,
extreme parameter settings, or defects. You are solely responsible for monitoring levels and protecting your hearing and your
equipment. Set output levels conservatively before playing, particularly when using headphones.
9. No Data Collection
The Software does not collect, transmit or store personal information, does not contact any server, and contains no analytics,
telemetry or advertising. It requires no account and no internet connection to operate.
10. Term and Termination
This Agreement takes effect when You first install or use the Software. The license for each released version is perpetual and irrevocable as stated in Section 1 and may not be terminated for convenience or because Licensor later changes its business model or license terms.
The license terminates automatically if You breach this Agreement. On termination You must cease use of the Software and remove it from computers under Your control. This breach provision is the only contractual exception to the irrevocable grant; it does not permit unilateral withdrawal from a complying licensee. Sections 3, 4, 6, 7, 8, 11 and 12 survive termination. Your rights in audio and presets You created under Section 3 are not affected by termination.
11. Governing Law
This Agreement is governed by the laws of the State of Kansas, United States of America, without regard to its conflict of law
provisions. The exclusive venue for any dispute arising under this Agreement shall be the state or federal courts located in the State
of Kansas, and You consent to the personal jurisdiction of those courts.
12. General
This Agreement is the entire agreement between You and Licensor regarding the Software and supersedes any prior or
contemporaneous understanding. If any provision is held unenforceable, the remaining provisions remain in full force and the
unenforceable provision shall be modified to the minimum extent necessary to make it enforceable. Licensor's failure to enforce any
provision is not a waiver of that provision. Licensor may revise this Agreement for future releases, but no later revision reduces the perpetual, irrevocable, royalty-free rights granted here for an already released version. Upon adoption, this Agreement also grants those rights for versions previously officially released free of charge; to the extent of a conflict, Sections 1 and 10 of this Agreement control that grant. Other terms distributed with a previous release remain unchanged unless expressly superseded here.
13. Contact
Mosasaur Labs — support@mosasaurlabs.com