Terms of Sale for Musink Pro.

1. Definitions

  1. 'Account' refers to your connection with Musink Limited, including but not limited to any documentation, log-in details, subscriptions, licenses, database-entries and so on.
  2. 'Devices' here refers to physical MIDI devices, virtual MIDI devices, and any software associated with processing and/or using and/or supporting MIDI data.
  3. 'Musink Ltd' and 'Musink Limited' refers to the New Zealand company "Musink Limited"
  4. 'Blacklisted' refer to the deactivation of your account and/or software by Musink Limited for alleged breaches of this agreement or sub-agreements.
  5. 'Cancelled' refers to the deactivation of your subscription(s) and/or account and/or software by Musink Limited, by our Payment Provider, or by yourself.
  6. 'License' refers to the a right to use Musink on a single computer as defined by the EULA for that product.
  7. 'Subscription' refers to an arrangement whereby repeated payments are required to keep a license or multiple licenses valid.
  8. 'Eternal License' refers an arrangement whereby a single payment needs to be made to keep a license valid for eternity, unless it is cancelled for other reasons.
  9. 'Product key' refers to a string of characters and numbers used to unlock and/or register this software
  10. 'Musink' and 'Musink Pro' refer to the software (and of its components) that you are downloading or intend to download.
  11. 'Payment Source' and 'Payment Method' both refer to the means by which we bill or charge you for payment. For example, if you pay with your credit card, this is your payment source.
  12. 'Payment Provider' refers the company that charges and/or bills customers on behalf of Musink Limited.
  13. Additional definitions used in this document can be found in the End User License Agreement (EULA), which can be downloaded from the Musink website (https://musink.net).

2. What you are purchasing

2a. General Rights

You are purchasing an Eternal License or a Subscription. You are not purchasing Musink.

A purchase of an Eternal License and/or Subscription does not grant you rights to the source code, intellectual property, or the any part or copy of program 'in itself'. To use this software you must agree to be bound by its EULA.

Eternal Licenses

Each purchase of an Eternal License grants you a single license to install and use Musink Pro on a single personal computer.

You understand that allowing this software to be installed on multiple computers, or otherwise installed multiple times, may result in blacklisting, without refund. If you wish to transfer this software between computers, you must first contact Musink Limited. We will be happy to help.

Subscription

Each subscription you pay for grants you two licenses, which share a product key. Each license can be installed using on only one personal computer.

As one subscription grants you two licenses, you will be able to install Musink Pro on two computers. You can use either computer but Musink Pro must not be running on both computers simultaneously. This applies even if two different people are using the two computers: Musink Pro must only run on one computer at a time.

You understand that allowing this software to be installed on additional computers, or otherwise installed multiple times, may result in blacklisting or cancellation of your subscription, without refund. If you wish to transfer this software between computers, you must first contact Musink Limited. We will be happy to help.

2b. Updates

Musink Limited alone decides when and whether to provide updates, and the associated version numbers associated with those updates.

Eternal Licenses

Purchase of an Eternal License gives you the rights to update Musink, through its update facility, within the same 'Major' version of Musink. Whether an update changes the 'Major' version is defined by the first number in the full-stop-delimited version string. For example, if you purchased Musink Pro version 1.0.1.0, you would be eligible for compatible updates up to and including 1.9.9.9, but not versions 2.0.0.0 and higher.

The right to update Musink is rendered void if your account has been blacklisted.

Subscriptions

A Musink installation whose license is linked to a subscription can be updated to the most recently available version of Musink Pro.

The right to update Musink is rendered void if your subscription, account, or license have been cancelled or blacklisted.

2c. Installation Restrictions

Musink Pro may not be installed on a virtual machine, server, or other computer that is accessed via networking. Attempts to do so are in breach of these Terms of Sale. For example, installing Musink Pro on a computer that is accessed via SSH, Remote Desktop, or a web interface in all circumstances is considered a breach of these Terms of Sale.

3. Payment, Activation & User ID

Payment must be made in full by you, then confirmed and received by Musink Ltd before we will release, to you, a link to download Musink Pro, as well as any other information (such as a User ID) you require to access that download. Musink Ltd and the Musink software may store and use this information, as well as transaction information and any other information supplied by you (for example, to let you log into the site or update Musink). This information will never be sold or shown to any third party by Musink Ltd except in accordance with our Privacy Policy. In addition, you agree to never share your password or UserID with any third parties, and take reasonable steps to keep it private.

Accidental partial or over payments must be fixed by first contacting Musink Ltd directly within 30 days of the payment date.

Musink Limited believes that pirated software drives up software prices. To help keep Musink's prices low, Musink contains anti-piracy checks. You understand that Musink must be activated (registered) in order to function, and you agree to activate Musink once it is installed. Musink may periodically use your internet connection to check its activation is legitimate. Your copy of Musink may deactivate (temporarily or irreversably) if Musink Limited believes that it is a pirated copy; has an invalid, cancelled, or blacklisted product key; or has a product key that has been used multiple times. If you have any difficulties with activation, contact Musink directly, and we will be happy to help.

You understand that Musink Pro may deactivate temporarily or irreversably if it is unable to communicate with Musink Limited's servers regularly. The period that Musink Pro may remain offline is advertised on the Musink Limited website. This period may change at Musink Limited's discretion. If it is shortened, you will be notified by email with at least one calendar month's notice.

3a. Subscriptions

Subscriptions require recurring payments to your payment source (for example, credit card) either once per calendar month, or once per year. You select whether this is monthly or annually when you complete the purchase. When you sign up for a subscription, you grant our payment provider the right to charge your credit card on a recurring basis until the subscription is cancelled.

Subscriptions may be cancelled by you, Musink Limited, or our Payment Provider, for any reason whatsoever. Reason does not need to be provided by any party for a cancellation.

Once a subscription is cancelled, no further attempts for payment will be made and all rights granted to you by these Terms of Sale and the EULA are voided. However, you understand that you cancelling a subscription less than 24 hours before your next scheduled charge may mean that the next charge may still be conducted.

You can cancel your subscription at any time by logging into the Musink website and selecting the link to our payment provider.

If you cancel your subscription while it is still active, this does not void your right to continue to use Musink Pro until the next payment would otherwise have been due. For example, if you paid for a Musink Pro subscription on January 1st, and opted to pay annually, cancelling your subscription in March would not void your right to use Musink Pro until the end of that calendar year.

Cancelling a subscription does not grant you the right to a refund of any kind.

If a subscription is not successfully charged to your payment source, for any reason other than you cancelling your subscription formally, our payment provider may re-attempt to charge you until either the charge is successful or more than a month passes. If we do not successfully charge your credit card, you subscription will be automatically cancelled.

3b. Contact

Musink Limited and its payment provider may contact you for information about your payments, including but not limited to requesting you update your payment information, sending receipts, and so on.

Musink Limited may also send you limited volumes of informational material related to your purchase. For example, Musink Limited might email you to notify you that a new update is available that you are eligible for. You may request to opt-out of these messages at any time.

4. System Requirements, Devices, and Refunds

4a. System Requirements

Musink has minimum system requirements that must be met for it to run smoothly. These must be checked before purchasing Musink. You acknowledge that these system requirements may not be sufficient to run Musink in some situations, such as when other programs are using large amounts of memory or have high CPU use. Most modern PCs meet these requirements. If you are uncertain with regards to these, you should contact Musink Ltd before making a purchase.

4b. MIDI Devices

Musink can only work with functional MIDI devices, in a suitable Windows environment. If you are intending to use Musink with MIDI devices, you should, prior to purchase, first check that those devices, leads, and your audio drivers are functional, compatible, and have acceptable performance. When making such checks, ensure that MIDI In-to-Out delays are acceptable. One method to do so is to send data to and from your devices using a 3rd party diagnostic tool, such as MIDI-Ox. Musink is expected by Musink Ltd to work with MIDI devices in most situations, but due to the number of variables and complexity of some setups, cannot be guaranteed to work in all situations. If you have any doubts as to the compatibility or performance of your devices, you should contact Musink Ltd before making a purchase.

4c. Refunds

As electronic goods cannot be returned, and there are difficulties in proving whether a download was ever initiated or completed, Musink Ltd will NOT PROVIDE REFUNDS once a transaction has taken place. Please ensure that you understand what Musink is, does, requires, and is capable of, before making a purchase. If you wish to query a purchase or the program does not function as expected, you must first contact Musink Ltd for resolution. We will be happy to help.

Cancellations and blacklisting enacted by Musink Limited may be effected immediately or with a delay, at Musink Limited's election. Cancellations and Blacklisting do not grant you the right to a refund of any kind.

5. Additional agreements

You agree to be bound by the Musink Pro EULA appropriate to the version of Musink you are downloading, and its sublicenses. These agreements can be downloaded from the Musink website (https://musink.net).

You understand that alleged breaches of this agreement or its sub-agreements may result blacklisting at Musink Ltd's discretion.