Terms and Conditions
SOFTUBE TERMS AND CONDITIONS OF PURCHASE
FOR PLUG-INS AND OTHER SOFTWARE PRODUCTS
Applicability of the Terms
These are the Softube Terms and Conditions of Purchase (“Terms”), which apply when you purchase a license to one of our Products, such as our Plug-ins and/or other software products. We are happy to say hello to you and hope we can be a part of your creativity in the future. We believe you are purchasing our Plug-ins for your own use or on behalf of an entity that you represent. In the latter case, “you” refers to the entity you represent. Before you purchase or download any of our software plug-ins, applications or products, please read these Terms and any other document we refer to herein.
These Terms apply to the purchase of licenses of the software plug-ins, applications or products provided by Softube AB (“Softube”, “we”, “us” or “our”) and that are available at softube.com. We offer software plug-ins, applications or products for the audio industry via licenses, including but not limited to high-end computer recording plug-ins under our own brand and for other reputable companies in the audio industry (collectively “Plug-ins”). By purchasing our relevant software products or Plug-ins, you are deemed to have accepted these Terms, together with the applicable End User License Agreement (the “EULA”) for your product and/or Plug-in and any other referenced document.
2. Our Plug-ins
When you purchase our Plug-ins, you purchase a right to download and use our software Plug-ins for the intended purpose, i.e. a license, subject to the provisions in our EULA. We or our third-party licensors, still own the software and the intellectual property rights behind the Plug-in. We have information and descriptions of all our Plug-ins available on the Plug-ins’ pages on our website. There you can read more about the Plug-ins, specific hardware requirements, the price, license options and other necessary information for you in order to fully enjoy our Plug-ins.
However, we make reservations for potential errors, misspellings or similar in information, in the description of the Plug-ins’ on our website, in advertisements or other marketing material. Pictures are for illustrative purposes only, and are not a Plug-in specification. We have the right to correct, amend or update the available information in this regard as well as improve the website generally.
2.2 Available license options
We provide you and other users our Plug-ins via different license models, and for different terms depending on the choice of option and our EULA. The current license models are always displayed and explained on our website.
- A right to use the Product on a perpetual basis (“Perpetual License”);
- A right to use the Product for a time restricted period (“Time restricted License);
- A right to use the Product which requires regular payment of license fees from you to Softube (“Subscription License”);
- A right to use the Product, where your total license fee is divided into monthly instalments due to a payment plan (“Rent-to-Own License”);
- A temporary usage right for your test, trial and evaluation of the relevant Product (“Evaluation License”);
- Licenses not for resale, as described below (“NFR”); and/or
- Combinations of the above license models (“Combined License”).
All our available license options are subject to change and may be amended from time to time. Our offers are not binding until we have explicitly confirmed your offer to purchase one of our Plug-ins. We may also have limited offers with other options on our website or via our partners than those explicitly mentioned in these Terms.
We also have third-party partners that may offer our Plug-ins via other options or provide or sell the Plug-ins by or on our behalf, e.g. by giving you access to our Plug-ins via codes or gift cards that you may trade for access to our Plug-ins. If so, your purchase may be subject to separate terms and conditions, which in such case may apply to your purchase as well (i.e. in addition to the Terms and the EULA).
2.3 System Requirements
All our Plug-ins have minimum system and hardware requirements, which appear on our Plug-ins’ pages. Before you make a purchase, please check the Plug-in’s compatibility with your system and hardware, so you make sure you are able to enjoy our Plug-ins completely. Softube takes no liability for the Plug-ins’ functions and/or compatibility with other systems and hardware than those explicitly recommended on our Plug-in page for each Plug-in.
3. Orders, Delivery and Installation
To create orders, purchase or download our Plug-ins, you need to register a Softube account at our website, www.softube.com. We give you detailed information in our FAQ pages on the website and in the section “Softube Account” below. If you create an order, we will notify you and confirm your order. At this point, we have entered into a binding contract with you.
We deliver all our Plug-ins to you via electronic means, and you need to enable us to deposit you license somewhere. Therefore, you need an account with us and a license management tool such as Gobbler or iLok to manage your licenses. Before you have any of these accounts (or if such accounts for some reason are not accessible), we cannot deliver your license to you, and meanwhile your license will thus be in a pending state until we can deposit the license to your license management account. As soon as this process is finished, you will be able to access your plug-in and may install it as set out below. The same applies if we and you need to make any other license management action, in which case access to such license management tool is necessary.
We recommend that you download the Softube Central App, login with your Softube account (Softube Central) and follow our instructions at www.softube.com/my-account in order to install your Plug-ins.
After you have downloaded and installed the Plug-ins via Softube Central, you will have to activate your license before you can go all in and rock’n roll and intuitively learn how to use your Softube Plug-in. You can find more detailed information in our manual.
4. Cancellations and right to withdrawal
You have the right to cancel or withdraw any order - without giving us any reasons - up to fourteen (14) days after we have delivered the license to your license management account, or otherwise concluded a contract with you. If so, you need to notify us within the cancellation period. You may cancel the order in writing e.g. by sending an e-mail or a letter, or by using our standard application form which can be sent to you upon request.
If you withdraw from your purchase, Softube shall reimburse all payments received from you, in exchange of deleting the license you have received. We may withhold reimbursement until you have enabled us to delete the license from your account, which we cannot do unless you follow the instructions we give you in this regard (which i.a. means that we need to see the license on your license management account to be able to revoke the same).
How we want you to pay us depends on which license option you make when you offer to buy one of our Plug-ins. You may purchase a Perpetual License to one of our Plug-ins directly from us or via a third party. If so, we require pre-payment, which once we have received your payment gives you full access to the Plug-in in accordance with these Terms and our EULA.
The prices of our Plug-ins are available at the Plug-ins’ pages on our website. Insofar nothing else was expressly agreed between you and Softube, payment shall be made US Dollars ($), Euros or SEK, depending on where you are cited. Local VAT is added, if not explicitly included in the price shown at our website.
The purchase price of the Plug-in is due as soon as you have placed the order and is thus payable in advance. Before you can download or install our Plug-ins, we require pre-payment via a third-party payment provider, i.e. PayPal, Inc. or via credit card. We accept Visa, Mastercard, American Express and Discover credit cards.
If you have purchased any of our Plug-ins from one of our third-party partners, you can use the coupon or license code you got from that dealer or distributor to download the Plug-in from our website.
6. Title and Rights
The title of, and all the intellectual property rights (“IPR”) to the software in our Plug-ins, our website and any documentation related or linked to us and our Plug-ins are our own or our licensors property, as more detailed in the EULA. This title remains even though you have downloaded the Plug-in to your license management account or plugged it into another programme or similar.
6.2 Intellectual Property Rights
When you purchase or download a Plug-in from us, we grant you a non-exclusive, transferable, time-restricted and revocable license to use the Plug-in as a software application or plug-in to your system or programme, in accordance with and subject to the applicable EULA.
All trademarks, logos, domains and other features of Softube or our third-party partners, applications and devices appearing on our website are ours or our licensors. These Terms do not grant you any rights to use any features or other content on our website whether for commercial or non-commercial use.
You are not allowed to use the Plug-in for other purposes than those explicitly stated in these Terms and the applicable EULA and in no case for any non-legal activities.
6.3 Third Party Rights
Our Plug-ins are adapted for or specially made to fit with third-party applications, software or hardware. Consequently, some content and IPR in our Plug-ins and on our website, belong to our licensors or to third parties. We will inform you about the third-party contents (i.e. code, sub-licenses, trademarks and other IPR) when you purchase a Plug-in from us and/or in information contained in the Plug-in. If you want to know more and have information of relevant third-party licensors and the applicable terms and conditions for such third-party licenses, please check our additional information on the website.
7. Your Softube Account
7.1 Creating an Account
We require you to create a Softube account in order to purchase or download our Plug-ins. Go to “My account” at our website and follow the instructions set out on our download page www.softube.com/my-account.
Our Softube accounts are primarily managed through the functionality of Softube Central. During the creation process of the Softube account, you will be requested to link your account to an existing license management account. If you do not have an existing license management account, we will create and enable such an account for you.
Without an account, we cannot fulfil our obligations towards you and deliver our Plug-ins to you. Via your Softube account you can see available updates or upgrades, and special discounts you are eligible for.
8. Problem with your Plug-in?
We offer support if your purchased Plug-in does not function properly. You may find a quick solution at our FAQ page www.softube.com/support, so we suggest that you check the FAQ first. You can also submit a ticket to our online support using our contact form on www.softube.com/support . We will use our reasonable efforts to respond to your request within reasonable time. If you need to talk to any of the members in our support team, we may schedule a time for such an appointment.
8.2 Bugs and Defects
If you want to make a complaint of our Plug-ins, you should contact us as soon as possible and within reasonable time from when you discovered the defect, using our contact form www.softube.com/support . We continuously update and upgrade our Plug-ins, and you can keep track of the latest news regarding your Plug-in via your Softube account, Softube Central app or if applicable, your license management app.
Please note that we cannot keep track on sub-transferred licenses to our Plug-ins, i.e. licenses sold between end users. If you buy a Plug-in from another end user, we can neither ensure the Plug-ins’ condition nor otherwise take any responsibility for such Plug-ins.
8.3 Warranty and Liability
We offer our Plug-ins “as is” or “as available”, without any express or implied warranty or condition of any kind. With regard to any warranty, the provisions of the EULA shall apply.
IN ANY EVENT, NEITHER WE NOR ANY OF OUR SUPPLIERS AND/OR LICENSORS SHALL BE LIABLE FOR ANY DAMAGES ARISING FROM THE USE OR INABILITY TO USE OUR PLUG-INS. IN NO EVENT WILL WE BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND AND (2) ANY LOSS OF DATA, USE, BUSINESS OR PROFITS OF ANY KIND, ARISING FROM THE USE OR INABILITY TO USE YOUR PLUG-IN AND HOWEVER CAUSED (INCLUDING BREACH OF WARRANTY). OUR ENTIRE LIABILITY SHALL IN ANY CASE AND ANY THEORY OF LIABILITY BE LIMITED TO THE PRICE YOU PAID WHEN YOU PURCHASED YOUR PLUG-IN. THIS LIMITATION OF LIABILITY SHALL, HOWEVER, NOT APPLY IN CASE OF OUR GROSS NEGLIGENCE AND/OR INTENTIONAL MISCONDUCT.
If you are using our Plug-ins non-commercially, the possibly applicable statutory rights for you as a consumer in your country of residence shall apply, irrespective of the limitations set out herein.
9. Your Privacy
If our performance of any obligation under the Terms, EULA or any other agreement or any obligations related thereto is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, war, terrorism, general and unforeseeable loss, interruptions or shortage of data or telecommunication facilities, unexpected virus or similar attacks on IT/IT-systems (including our website) or a similar occurrence or condition beyond the reasonable control of us (collectively “Excusable event”), we shall, upon giving prompt notice to you, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach under the Terms, EULA, any other agreement or any obligations related thereto. The same shall apply of one or more of our partners, licensors and/or suppliers is prevented, affected or restricted in a corresponding manner by an Excusable event.
In relation to your obligations under the Terms, EULA, any other agreement or any obligations related thereto the aforesaid shall correspond accordingly in case of an Excusable event on your side.
Governing Law and dispute resolution
These Terms are governed by the substantive laws of Sweden without regard to its choice or conflicts of law principles and in addition, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Any dispute arising from or in connection with these Terms shall be settled by Swedish Courts, with Linköping District Court as first instance.
This section 11 of the Terms does however not exclude your applicable consumer statutory rights in your jurisdiction of residence and potential rights in this regard. If you are a resident of the European Union, you may also be entitled to alternative online dispute resolution procedure. Contact us and we can tell you more, or find out more on EU online dispute resolution procedure for consumers.