End User License Agreement (EULA)


END USER LICENSE AGREEMENT

READ CAREFULLY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“AGREEMENT”) BEFORE YOU CLICK ON THE “ACCEPT” BUTTON OR OTHERWISE DOWNLOAD, INSTALL OR USE THE STEFANO DAINO-BRANDED PRODUCT. DOING SO AND/OR USING THE LICENSED SOFTWARE OR ANY TECHNOLOGY, IDEA, DATA AND DATABASES, ALGORITHMS, PRESETS, INFORMATION OR DOCUMENTATION CONTAINED THEREIN OR PROVIDED THEREWITH (COLLECTIVELY, THE “SOFTWARE”) ESTABLISHES A BINDING AGREEMENT BETWEEN YOU AS THE PERSON LICENSING THE SOFTWARE, EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR OF ANY THIRD-PARTY ENTITY (“YOU” OR “LICENSEE”) AND STEFANO DAINO. YOU (WHETHER AN INDIVIDUAL OR DULY AUTHORIZED REPRESENTATIVE OF A LEGAL ENTITY) WARRANT AND AGREE THAT YOU HAVE THE LEGAL CAPACITY AND AUTHORITY TO ENTER INTO A BINDING AGREEMENT, THAT YOU SHALL ADHERE TOTHE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, AND THAT YOU SHALL USE THE SOFTWARE ONLY IN ACCORDANCE WITH THIS AGREEMENT AND WITH ALL APPLICABLE LAWS. 

1.  License Grant. Subject to the terms and conditions of this Agreement, Stefano Daino hereby grants to You, the Licensee, a non-exclusive license to use the Software accompanying this Agreement whether in printed, “online” or electronic form, either on a stand-alone computer or on a network, on any one computer at any one time. If more than one user will be using the Software at any one time, You must obtain from Stefano Daino an additional license (or licenses, as applicable) for each additional concurrent user of the Software. The Software is “in use” on a computer when loaded into memory (RAM). You may make one copy of the Software solely for backup or archival purposes if all copyright and other notices are reproduced on that copy, or You may copy the Software to a single hard disk provided that You keep the original solely for backup or archival purposes. If You receive the Software in more than one media, that does not affect the number of licenses You are receiving or any other term of this Agreement.

2. Restrictions on Use. You may not modify, adapt, decompile, disassemble or otherwise reverse engineer the Software, except to the extent this restriction is expressly prohibited by applicable law, nor may You create derivative works based upon the Software, or permit third parties to do so. You may not loan, rent, lease or license the Software, or use the Software as a service bureau, as an application service provider, to perform consulting or training services for a third party or in any commercial time share arrangement.

3. Intellectual Property Ownership. The copyrights, patents, trade secrets, trademarks, and all other intellectual property rights in the Software (including any images, photographs, animations, video, audio, music and text incorporated therein or provided therewith) are owned by Stefano Daino or its affiliates or licensors and are protected by the copyright, trademark, patent and other intellectual property laws of Italy and other countries, as well as by international treaty provisions. Stefano Daino retains all rights not expressly granted in this Agreement. You shall not remove any product identification, trademark, copyright or other notices contained in or provided with the Software.

4. Feedback. Stefano Daino shall have a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into the Software any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You relating to the features, functionality or operation of the Software (“Feedback”); provided, however, that Stefano Daino shall have no obligation to use or incorporate into the Software any Feedback, and You shall have no obligation to provide Feedback.

5. Registration Information. When You activate the Software, Stefano Daino may collect your name and email address and other contact information that You choose to provide (“Registration Information”). You agree that Stefano Daino may use this Registration Information to contact You regarding your purchase and to deliver notifications relative to your use of the Software. Stefano Daino does not collect or retain any financial information from or about You (such as payment card information).

6. Privacy. Stefano Daino's collection and use of Registration and Usage Information is as provided in our Privacy Policy, which forms a part of this Agreement and to which you agree by means of your download, installation and use of the Software.

7. Support. Subject to the limited warranty stated herein, and further subject to your not being in violation of any term or condition of this Agreement, Stefano Daino shall provide technical support and bug fixes, exclusive of any upgrades or new features, for the Software to the original purchaser for a period of twelve (12) months from the original purchase date and from the release date, respectively. Where your use of the Software is on a subscription basis, support shall be as provided for in the Subscription Terms.  

8. Limited Warranty. Stefano Daino warrants that, for a period of fourteen (14) days from the date the Software is made available to You for download, the Software shall substantially conform to the applicable user documentation provided with the Software. Any implied warranties that may exist despite the disclaimer herein shall be limited to fourteen (14) days (“Warranty Period”). This limited warranty is void if You buy from an unauthorized reseller, You violate any term or condition of this Agreement, or if the failure of the Software is due to accident, abuse or misapplication. 

9. Refunds policy. 

Requesting a refund is the only purchase related issue not directly processed by our online shop partner Fast Spring. 

If you want to request a refund for a product you bought in our online shop, please contact our support team and provide the following details: 

Email address as on invoice

Invoice date

Order ID / invoice number

Product name

Payment method

Please note that refunds are only possible within 14 days after the purchase.

If you would like to return a product after that period, the reason for your refund request is also required. 

10. Your Remedies. Stefano Daino's sole obligation and your exclusive remedy for any breach of warranty shall be, at Stefano Daino's sole option, either the return of the purchase price that You paid for the Software or the repair or replacement of the Software, media and documentation; provided, however, that, in all instances, You return the Software, together with all media and documentation and a copy of your receipt, to the location where You obtained it during the Warranty Period. 

11. Disclaimer. THE SOFTWARE IS PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE EXPRESS WARRANTY SET FORTH HEREIN, STEFANO DAINO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STEFANO DAINO DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR ERROR FREE. THE WARRANTY AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. No dealer, distributor, agent or employee of Stefano Daino is authorized to change or add to the warranty and/or remedies set forth herein. Any third-party software furnished with or accompanying the Software is not warranted by Stefano Daino.

12. Limitation Of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STEFANO DAINO BE LIABLE FOR ANY AMOUNTS EXCEEDING THE AMOUNTS RECEIVED FROM YOU FOR YOUR LICENSE OF THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION, AND WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS FOR LOSS OF PROFITS, BUSINESS, GOODWILL, DATA OR OTHER ASSETS, OR COMPUTER PROGRAMS), EVEN IF STEFANO DAINO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow exclusion or limitation of liability for consequential or incidental damages, so this limitation may not apply to You.

13. License Termination. This Agreement, together with the license rights granted to You herein, shall terminate automatically if You fail to comply with any of its terms. Upon termination, You must immediately cease using and destroy all copies of the Software.

14. Licenses to United States Government. This paragraph applies to all acquisitions of the Software by or for the federal government of the United States ("U.S."), or by any prime contractor or subcontractor (at any tier) under any contract, grant, cooperative agreement or other activity with the U.S. federal government (collectively, the “U.S. Government”). By clicking “I ACCEPT”, You are agreeing on behalf of the U.S. Government that the Software and any documentation related thereto are “commercial computer software” and “commercial computer software documentation”, respectively, within the meaning of the acquisition regulation(s) applicable to this procurement. This Agreement alone shall govern the U.S. Government’s use of the Software and shall supersede any conflicting contractual terms or conditions, except as may be set forth in the Subscription Terms, where the U.S. Government’s use of the Software is on a subscription basis. If the license granted by this Agreement fails to meet the U.S. Government’s needs or is inconsistent in any respect with federal law, the U.S. Government shall return the Software unused to Stefano Daino. Contractor/Manufacturer is Stefano Daino, via Romeo Rodriguez Pereira 129/c, 00136 ROMA, ITALY.

Should You have any questions about this Agreement or Stefano Daino's software use policies, please contact support@dsp-quattro.com. 

Please indicate that You understand and accept these terms by clicking the “Accept” option. If You do not accept these terms, installation will terminate.

Stefano Daino,

September 1, 2024

DSP-Quattro, DSP-AudioEditor, DSP-AudioCDBuilder are copyrights © by Stefano Daino. All rights reserved. 

All others copyrights and trademarks are held by their respective Companies.

VAT ID IT06630211008 

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