Please read this End User License Agreement ("Agreement") before you download, install or use the EYETURATE audio plug-in ("Software"). The Software is developed and licensed by Giorgi Ergemlidze, individual entrepreneur, Tbilisi, Georgia ("Licensor", "we", "us").
By buying, downloading, installing, activating or using the Software, you agree to this Agreement. If you do not agree to it, do not buy, download, install or use the Software.
1. Purchase
You buy your license through Moonbase, which acts as our authorized reseller and is the seller named on your order. Your order, payment, taxes, invoice and any refund or right of withdrawal are governed by the Moonbase General Terms and Conditions for Buyers. This Agreement governs your use of the Software. If something goes wrong with a purchase, write to us and we will help.
2. Grant of license
Subject to this Agreement, we grant you a personal, non-exclusive, non-transferable license to install and use the Software. A purchased license is perpetual: it does not expire unless it ends under section 8.
- One person. Each license is for one person. A studio, company or other organization needs one license for every person who uses the Software.
- Three computers. You may have the Software activated on up to three (3) computers at the same time, as long as you are the person using it on each of them. Deactivating a computer frees its place for another one.
- Passing it on. You may not sell, give or hand over the license to someone else yourself. If you want to pass it on to another person for good, write to us: we will move it to their account, and your own right to use the Software ends when we do.
- Your music is yours. You may use the audio you create or process with the Software in commercial and non-commercial work, including music releases, sound design, game audio, film and television scores, podcasts and broadcasts, without paying royalties and without crediting us.
3. Trial
You may try the Software free of charge for 14 days before buying. The trial has every feature and needs a free account. When the trial ends, the Software stops working as an effect until you activate a purchased license. This Agreement applies during the trial, and the license in section 2 then lasts only for the trial period.
4. Activation and personal data
The Software has to be activated on each computer. Activation ties the Software on that computer to your license through an account with our licensing provider, Moonbase. It normally needs an internet connection, and the Software checks the license online from time to time; it keeps working for a period without a connection. A computer that is never online can be activated offline.
If the licensing service is ever shut down for good, we will give you a way to keep using the version of the Software you bought without it.
Buying and activating the Software involves personal data such as your name, email address, order details and an identifier of each computer you activate. Our privacy policy explains what is collected, why, and what your rights are. Moonbase processes this data for us.
5. Restrictions
You agree not to:
- decompile, reverse engineer, disassemble or otherwise try to derive the source code, signal processing algorithms, saturation models or internal structure of the Software, except where the law of your country expressly allows it and does not let that right be given up;
- sell, resell, rent, lease, sublicense, lend, distribute or host the Software, license keys or activation credentials, or share them with anyone else;
- process, sample or record audio through the Software solely to create competing commercial sample libraries, impulse responses, virtual instruments, cloned algorithms, or datasets for training machine learning or AI models, without our prior written permission;
- bypass, disable, modify or tamper with the license check or any other protection in the Software.
6. Ownership and third-party components
The Software, including its audio processing, code, graphical interface, artwork, shaders and animations, name, logo and documentation, is the property of Giorgi Ergemlidze and is protected by copyright and other laws. It is licensed, not sold. All rights not expressly granted in this Agreement are reserved.
The Software includes components made by others, which remain under their own licenses, for example the VST 3 SDK and VSTGUI by Steinberg Media Technologies GmbH. Their license notices are included with the Software, and nothing in this Agreement limits your rights under those licenses. VST is a registered trademark of Steinberg Media Technologies GmbH.
7. Updates and compatibility
We may, at our discretion, release updates, fixes and compatibility patches. This Agreement covers them.
The Software is a 64-bit VST3 plug-in for Windows 10 and Windows 11. We make reasonable efforts to keep it working in current hosts (DAWs) and on current versions of Windows, but we do not promise that it will run on every system, or that we will update it for old, modified or unsupported hosts and operating systems. Versions for other systems, if we release them, are covered by this Agreement as well.
8. Termination
This Agreement stays in effect until it ends. Your license ends automatically and without notice if you break this Agreement, and it ends if your purchase is refunded or charged back. When your license ends, you must stop using the Software and delete all copies of it, its installers and its license files.
9. Disclaimer of warranty
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM COMPATIBILITY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT IT WILL RUN WITHOUT INTERRUPTION OR ERROR, OR THAT DEFECTS WILL BE CORRECTED.
If you are a consumer, this section does not take away rights that the law of your country gives you and that cannot be excluded by agreement.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF AUDIO OR SESSION DATA, HARDWARE MALFUNCTION, SYSTEM CRASHES, DOWNTIME OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SOFTWARE, WHATEVER THE LEGAL THEORY. OUR TOTAL LIABILITY IS LIMITED TO THE AMOUNT YOU PAID FOR YOUR EYETURATE LICENSE.
Nothing in this Agreement limits liability that cannot be limited by law.
11. Governing law
This Agreement is governed by the laws of Georgia, the country in the South Caucasus (not the U.S. state), without regard to its conflict-of-law rules. The courts of Tbilisi, Georgia, have jurisdiction over disputes arising from it. If you are a consumer, you keep the protection of the mandatory laws of the country where you live, and you may bring proceedings there where those laws give you that right.
12. General
If a part of this Agreement is found to be invalid, the rest stays in force. We may change this Agreement; the current version is always on this page, and a change does not reduce the rights you have under a license you have already bought. This Agreement, together with the Moonbase terms that apply to your purchase, is the whole agreement between you and us about the Software.
13. Contact
Giorgi Ergemlidze, individual entrepreneur
Tbilisi, Georgia
Support: support@georgeergemlidze.com
Website: georgeergemlidze.com