This agreement is a contract between you and Now Advertising Media LLC for the use of Circuit Bender and its plugins. Read it before installing; installing, activating or using the Software means you accept this agreement.

1. Who this agreement is between

Licensor: Now Advertising Media LLC (“we”, “us”), 106 NW F St, #424, Grants Pass, OR 97526, USA. Email: support@nowadmedia.com.

Licensee: the person or organization that buys, activates or uses the Software (“you”). If you accept on behalf of an organization, you confirm you have the authority to bind it.

Acceptance: by clicking “I agree”, installing, activating, starting a trial of or using the Software, you accept this agreement. If you do not accept it, do not install or use the Software, and ask for a refund under section 11 if you have paid.

The Software is licensed, not sold. We and our licensors keep all ownership of it.

2. Definitions

3. Your license

Once you have paid, we grant you a perpetual, non-exclusive, non-transferable license to install and use the Software you bought on up to 2 Computers at a time, for any personal or commercial purpose, under this agreement.

• Computers: the 2 Computers can be, for example, a studio computer and a laptop. To move the Software to another Computer, deactivate it on one of them first (in the Software, or on the Licenses page of your account on the Shop).
• What a Circuit Bender license covers: the Circuit Bender program, Circuit Bender.vst3 and every device inside them, in the Major Version you bought, and the Device Plugins that are part of that Major Version: on a Computer where your Circuit Bender license is activated, they work in other hosts with no License Key of their own.
• What it does not cover: Fried, and Device Plugins released after your Major Version (devices not in your copy of Circuit Bender), are separate products, each with its own License Key.
• One license, one licensee: a license is for you (or your organization) only. Each person who uses the Software on their own Computer needs their own license.
• No transfer or resale: you may not sell, give away, lend, rent or transfer a license or a License Key without our written consent.

4. Trials

You may try each product free for 30 days on a Computer, once per Computer, before buying it. A Trial is for evaluation only.

• Circuit Bender Trial: everything works except saving, Save As, exporting (including stems) and saving recordings. The Software warns you when 7, 3 and 1 days are left. When the Trial ends, Circuit Bender stops working until you activate a license; if it is playing at that moment, it stops when playback stops.
• Device Plugin and Fried Trials: everything works for 30 days. After that the plugin is silent and offers to unlock or buy it.
• A Circuit Bender Trial does not unlock the Device Plugins; each has its own Trial instead.
• Starting a Trial: the Trial is started on our server the first time you use the product, so the Computer needs to be connected to the internet once. Reinstalling or resetting the Software does not start a new Trial.
• You may not try to extend or restart a Trial, for example by changing the Computer’s clock or identity.
• A Trial comes with no warranty and no support obligation.

5. Activation and license checks

The Software must be activated with a License Key, and checks its license with our server about every 90 days (a Trial stays limited to its 30 days). A check never runs while the Software is playing, and the Software never stops a performance because of a check.

1. Activation: enter your License Key in the Software. It registers the Computer with our server and stores a signed license on the Computer.
2. Without internet: the Software shows a request code. Paste it on the Licenses page of your account on the Shop, then paste the answer back into the Software.
3. The 90-day check: runs in the background. If it cannot reach our server, you have a 10-day grace period, during which you can put the check off.
4. After the grace period: the Software keeps working, but saving and exporting are blocked until a check succeeds. It never locks completely.
5. When a license ends on a Computer: if a Computer is deactivated, freed on the Shop, or the license is refunded or revoked, the license on that Computer ends at its next check.
6. What the Software stores: its license files are kept in a shared folder on the Computer (C:\ProgramData\Now Advertising Media\Licenses). Do not copy, edit or move them; a license copied to another Computer does not work there.

What is sent to our server is described in section 10.

6. Updates, new versions and plugins

Updates within the Major Version you bought are free; a new Major Version is a separate product at its own price.

• Updates: we may release Updates (fixes and improvements) for your Major Version at no charge. The Software can tell you when one is out; it never downloads or installs anything by itself.
• New Major Versions: for example Circuit Bender 2. Your license keeps working with the Major Version you bought; the new one must be bought separately.
• Device Plugins and Circuit Bender owners: the Device Plugins that are part of the Major Version you own come with your Circuit Bender license (section 3). Device Plugins released after that Major Version (devices not in your copy of Circuit Bender) are sold separately at their own price.
• Bundles: we may sell several Device Plugins together; each comes with its own License Key.
• We are not obliged to provide Updates, new features or support for any period, and may change prices and offers at any time; a change never affects a license you have already bought.

7. Your music and your content

Your Output is yours: we claim no ownership of it and no royalties on it.

• Sounds the Software makes: you may use the sounds the Software generates, and the factory sounds, presets, kits and loops that come with it, in your Output, commercially and royalty-free, including releases, performances, broadcasts and sync.
• Not allowed: you may not sell, give away or redistribute the factory sounds, presets, kits, loops, impulse responses or art themselves (on their own or as a sample pack, preset bank or competing product), except as part of your Output.
• Your own material: you are responsible for having the rights to the tracks, samples and recordings you load into the Software, and to the third-party plugins you use in it. We do not check or own any of them.
• Tags you edit: the metadata editor writes changes into your own files and keeps a backup of each original; you are responsible for the files you change.

8. What you may not do

Except where the law gives you a right that cannot be waived, you may not:

• share, publish or sell a License Key, or use one on more Computers than your license allows;
• copy the Software except for installing it under this agreement and keeping a backup copy of the installer;
• reverse engineer, decompile or disassemble the Software, or try to find its source code;
• remove, disable, bypass or tamper with its activation, license checks or Trial limits, or use any tool made to do so;
• modify, translate or make derivative works of the Software, or of its sounds, presets and art (other than your Output);
• rent, lease, lend, sublicense or offer the Software as a service to others;
• remove or change any copyright, trademark or license notice in the Software;
• use the Software in breach of any law, or to infringe anyone’s rights.

9. Third-party components

The Software includes parts made by others, each under its own license; nothing in this agreement limits your rights under those licenses.

• VST3 SDK notice: Copyright (c) Steinberg Media Technologies GmbH. Permission is granted under the MIT license; the software is provided “as is”, without warranty of any kind. VST is a trademark of Steinberg Media Technologies GmbH.
• Windows components: MP3, AAC and video handling use parts of Microsoft Windows on your Computer; they are licensed to you by Microsoft, not by us.
• Plugins you add: third-party plugins you load into Circuit Bender are licensed to you by their makers. We are not responsible for them, though Circuit Bender runs them separately so that a failing plugin does not stop the program.

10. Privacy: what the Software sends

The Software sends only what licensing and update checks need, and nothing about your music, files or use.

• Our server also sees your internet address with each request, used only to limit repeated wrong License Keys.
• The Software collects no usage statistics, crash reports or other data, and contains no advertising.
• What we keep and how long: license records (License Key, order, Computers and their names, check dates) for as long as the license exists. How we handle data from the Shop itself is in the Shop’s privacy policy.

11. Refunds, revocation and ending this agreement

This agreement lasts until it ends under this section; a refunded or revoked license stops working on every Computer at its next check.

• Refunds: we do not offer refunds on this product without significant cause. Buyer’s remorse is not significant cause. If you feel you have significant cause please communicate with us by writing to support@nowadmedia.com. Refunds are at our discretion.
• When we may end your license: if you break this agreement (for example by sharing a License Key or bypassing the license checks), we may revoke your license after notice to the email on your order, without refund.
• When you may end it: at any time, by deactivating and uninstalling the Software.
• When it ends: stop using the Software and delete it from your Computers. Your Output stays yours. Sections 7 (your content, as to Your Output), 8, 12 and 13 continue after it ends.

12. Warranty, safety and liability

The Software is provided “as is”; our total liability is limited to what you paid for it.

• No warranty: to the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not promise the Software is free of errors or will work without interruption, with every computer, audio interface, controller or plugin.
• Live use: you are responsible for testing your setup before a performance and for keeping backups of your projects and files. Some devices can be set to behave unpredictably (Condition and Chaos); they start reliable, and turning them up is your choice.
• Hearing and equipment safety: the Software can produce very loud sounds, feedback and sudden changes in level, for example from high resonance, feedback or distortion settings. Keep your volume at a safe level and protect your hearing, your audience’s hearing and your speakers. The software may produce sounds that are undesirable. You understand and accept this material fact.
• Limitation of liability: to the fullest extent the law allows, we are not liable for indirect, incidental, special or consequential damages, including lost data, lost profits, lost bookings or damage to equipment, even if told they were possible. Our total liability for any claim is limited to the amount you paid for the Software concerned.
• Some places do not allow these limits; there, they apply only as far as the law permits.

13. General terms

This agreement is governed by the laws of the State of Oregon, USA, and is the whole agreement between us about the Software.

• Governing law and venue: the laws of the State of Oregon, without regard to its conflict-of-law rules; the United Nations Convention on Contracts for the International Sale of Goods does not apply. Disputes go to the state or federal courts for Josephine County, Oregon, unless the law where you live gives you the right to sue at home.
• Export: you may not use or export the Software in breach of United States or other applicable export and sanctions laws.
• Severability: if any part of this agreement is found unenforceable, that part is limited as little as needed and the rest stays in force.
• No waiver: not enforcing a right at once does not give it up.
• Assignment: you may not assign this agreement without our written consent; we may assign it with the Software’s business.
• Changes: we may update this agreement for new Major Versions or Updates; the version shown when you install or update applies to that release. A change never takes away a license you have already paid for.
• Contact: Now Advertising Media LLC, 106 NW F St, #424, Grants Pass, OR 97526, USA · 541-787-7529 · support@nowadmedia.com