Terms and Conditions of purchase for Europe
SOFTUBE AB TERMS AND CONDITIONS OF PURCHASE
FOR HARDWARE, 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 any of our Products (as defined below), such as our hardware products, 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 Products 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 Products, please read these Terms and any other document we refer to herein.
These Terms apply to the purchase of Products provided by Softube AB (“Softube”, “we”, “us” or “our”) and that are available at softube.com. We offer hardware products (“Hardware”) and 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”). Hardware and Plug-ins are collectively referred to in these Terms as the “Products”. By purchasing our Products, such as Hardware 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 any other referenced document.
2. Our Plug-ins
When you purchase our Plug-ins, you purchase a right to download and use our 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. On Generally, our license models are set up as follows:
- 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 (“Demo License”);
- Licenses not for resale, (“NFR”) and/or
- Combinations of the above license models (“Combined License”).
All our available license models 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 themselves 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. Our Hardware
When you purchase our Hardware, you purchase a physical product, but as the Hardware contains software and certain software is provided with the Hardware you also purchase a right to download and use our software 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 in the Hardware and the software. We have information and descriptions of all our Hardware available on the hardware pages on our website. There you can read more about the Hardware, specific requirements, the price, the license and other necessary information for you in order to fully enjoy our Hardware and the software provided with the Hardware. For our Plug-ins which you later may purchase for use on the Hardware specific license terms apply in accordance with the above.
However, we make reservations for potential errors, misspellings or similar in information, in the description of the Hardware on our website, in advertisements or other marketing material. Pictures are for illustrative purposes only, and are not a Hardware specification. We have the right to correct, amend or update the available information in this regard as well as improve the website generally.
We also have third-party partners that may offer our Hardware themselves or on our behalf. If so, your purchase may be subject to separate terms and conditions, which in such case may apply to your purchase as well (in addition to the EULA).
3.2 License for software in Hardware
We provide you and other users our software included with or in the Hardware via a license model. The current license model is the right to use the software included with or in the Hardware on a perpetual basis (“Perpetual License”) according to these Terms and the EULA.
Our offers are not binding until we have explicitly confirmed your offer to purchase one of our Hardware. We may also have limited offers with other options on our website or via our partners than those explicitly mentioned in these Terms.
3.3 Hardware system Requirements
All our Hardware (including the software included with or in the Hardware) have minimum system, software and Plug-in requirements, which are set out on our Hardware’s pages. Before you make a purchase, please check the Hardware’s and the software’s compatibility with your system, software and Plug-ins, so you make sure you are able to enjoy our Hardware completely. Softube takes no liability for the Hardware’s (or the software included with or in the Hardware’s) functions and/or compatibility with other systems, software, hardware and plug-ins than those expressly recommended on our Hardware page for each Hardware.
4. Orders, Delivery and Installation
If you are under the age of eighteen (18), or the applicable age of majority in your country or jurisdiction, you must (i) obtain the permission of your parent or guardian prior to purchase of Products, and (ii) obtain any necessary authorization from your parent, guardian or applicable third party to charge the credit card or other payment method you use.
To create orders, purchase or download any of our Products, 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 reserve the right to refuse an order, for example, if you have entered incorrect information in connection with the order or if the order cannot be met due to end sales.
Delivery of Plug-ins and software included with Hardware - We deliver all our Plug-ins and software included with Hardware to you via electronic means, and you need to enable us to deposit your license somewhere. Therefore, you need a Softube account as well as a license management partner such as 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 software for Hardware 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 partner is necessary.
Delivery of Hardware – The Hardware is physical goods and all packaging, delivery and shipment methods will be available on the website in connection with ordering.
If you are not a consumer and unless otherwise stated in our order confirmation, all sales to businesses are Ex Works (Incoterms 2020), Linköping, Sweden, which means that the risk for Hardware shall pass upon delivery to you or the relevant carrier.
We will use reasonable efforts to meet requested delivery dates but will not be liable for its failure to do so.
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 and software for Hardware.
After you have downloaded and installed the Plug-ins and/or software for Hardware via Softube Central, you can go all in and rock’n’roll and intuitively learn how to use your Softube Plug-in or Hardware. You can find more detailed information in our manual.
5. Cancellations and right to withdrawal
When purchasing Plug-ins, you have the right to cancel or – if you are a consumer - withdraw any order - without giving us any reasons - up to fourteen (14) days after we have concluded a contract with you regarding your purchase of the Plug-in. If so, you need to notify us within this period of fourteen (14) days. In order to exercise your right of withdrawal you may log in to your Softube account on the website and follow the instructions there about returns. You may also fill in the standard form for withdrawal, which you can find here and send it to us.
When purchasing Hardware, you have the right to cancel or – if you are a consumer - withdraw any order - without giving us any reasons - up to thirty (30) days after the date when you (or a third party appointed by you other than the carrier) received the Hardware. If so, you need to notify us within this period of thirty (30) days. In order to exercise your right of withdrawal you may log in to your Softube account on the website and follow the instructions there about returns. You may also fill in the standard form for withdrawal, which you can find here and send it to us. When we have received your notification about your withdrawal, we will approve the return and notify you about the procedure to return the product.
If you withdraw from your purchase, Softube shall reimburse all payments received from you, in exchange of deleting the license of the Plug-in you have received and/or re-sending us the Hardware at your expense. We may withhold reimbursement for your Plug-in 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.e. means that we need to see the license on your license management account to be able to revoke the same) and/or we have received the Hardware. We may depreciate the amount to be reimbursed if the Hardware is not packed properly, if the Hardware has been used when returned and there are signs of wear and tear of the Hardware because of improper use by the customer.
How we want you to pay us depends on what Product you buy and which license option you make when you offer to buy one of our Plug-ins or our Hardware, respectively. The purchase price of the Plug-in and/or Hardware is due as soon as you have placed the order and is thus payable in advance, unless otherwise expressly stated in connection with your order. Before you can download or install our Plug-ins, and before we send you the ordered Hardware, we require pre-payment via a third-party payment provider, i.e. PayPal Inc. or via credit card. We currently accept Visa, Mastercard, American Express and Discover credit cards, subject, however, to later changes from us.
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.
More information on the currently available payment options for our Products can be found on the website.
The prices of our Plug-ins and Hardware are quoted on our website. Insofar nothing else was expressly agreed between you and Softube, payment shall be made in US Dollars ($), Euros or SEK, depending on where you are resident. Local VAT and other applicable taxes are added, if not explicitly included in the price shown at our website. Prices do not include shipping charges, if any, but are listed separately. The total price of the order will be displayed before you complete the order and in the order confirmation.
We strive for the website to contain the correct information as far as possible. However, we reserve that the website may contain typographical errors and incorrect prices and we are not bound by prices that you realized or should have realized were incorrect. If an incorrect price has been specified for an ordered Product, we will notify you and wait for any approval of the corrected price before the order is considered approved.
7. Title and Rights
The title of, and all the intellectual property rights (“IPR”) to the Products, including the software in our Products, our website and any documentation related or linked to us and our Products are our own or our licensors property, as more detailed in the EULA. This title remains even though you have downloaded the Plug-in (including Plug-ins accompanying Hardware) to your license management account or plugged it into another program or similar. Title to Hardware shall remain with us until full payment of all sums (including VAT and other applicable taxes) due under this or any other agreement from you to us have been made.
7.2 Intellectual Property Rights
When you purchase or download a Plug-in or software in or included with Hardware from us, we grant you a non-exclusive license to use the Plug-in or software in or included with Hardware as a software application or plug-in to your system, program or Hardware, as applicable, in accordance with the applicable license model (see more information regarding available license models for Plug-ins in section 2.2 above) and subject to the applicable EULA. These Terms do not grant you any rights to the Plug-Ins, software for Hardware or Hardware other than those explicitly set out herein and in the applicable EULA.
The content on the website is protected by copyright. All trademarks, logos, domains, product names 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 or copy 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.
7.3 Third Party Rights
Our Plug-ins and Hardware are adapted for or specially made to fit with third-party applications, software or hardware. Consequently, some content and IPR in our Plug-ins, software, Hardware 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 or Hardware from us and/or in information contained in the Plug-in or Hardware. 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.
8. Your Softube Account
8.1 Creating an Account
We require you to create a Softube account in order to purchase or download our Plug-ins and Hardware. 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 or software to you. Via your Softube account you can see available updates or upgrades, and special discounts you are eligible for.
9. Problem with your Plug-in or Hardware?
We offer support if your purchased Plug-in or Hardware do 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.
9.2 Bugs and Defects
If you want to make a complaint of our Plug-ins or Hardware, 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) or pre-owned Hardware, sold between end users. If you buy a Plug-in or a Hardware from another end user, we can neither ensure the Plug-ins’ or the Hardware’s condition nor otherwise take any responsibility for such Plug-ins or Hardware.
9.3 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 of Plug-ins, 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, OUR SUPPLIERS AND/OR LICENSORS 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.
Three-year limited warranty for Hardware
If you are a consumer, we give you, subject to the limitations set forth below, a limited warranty of three (3) years from the date of the day after you received the Hardware. The fact that you are buying on the internet in no way restricts warranty claims or the possibility of having Hardware repaired or serviced. The three-year limited warranty is subject to the following conditions:
We provide the limited warranty for any defects arising during a period of three (3) years from the date of the day after you received the Hardware and from the transfer of the risk. Only customers who are consumers can assert claims under the warranty and these claims are non-transferable.
The following are excluded from the warranty:
- Used (pre-owned) Hardware.
- Hardware defects subject to wear through use or other wear and tear.
- Hardware defects caused as a result of failure to follow the instructions for use or of inappropriate use, exceptional environmental conditions, extraneous operating conditions, excessive strain, a lack of maintenance or care or other misuse caused by gross negligence or intent.
- Hardware defects caused by the use of accessories or supplementary or replacement parts which are (i) not expressly recommended by us or (ii) not original components.
- Hardware, which has been modified or supplemented with other than Softube components.
Hardware defects which are recognized by us as being subject to the warranty obligation shall be remedied. Please contact us at www.softube.com/support so we can advise the next best possible step. The faulty Hardware shall be sent to us at our discretion together with a proof of purchase unambiguously showing the date of purchase and the defective Hardware shall either be repaired free of charge or replaced with a fully functional Hardware product. Hardware which has been replaced shall become the property of Softube AB. The warranty period for the Hardware shall neither be extended nor renewed as a result of the provision of services under the limited warranty.
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 HARDWARE. IN NO EVENT WILL WE, OUR SUPPLIERS AND/OR LICENSORS 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 HARDWARE 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 HARDWARE. THIS LIMITATION OF LIABILITY SHALL, HOWEVER, NOT APPLY IN CASE OF OUR GROSS NEGLIGENCE AND/OR INTENTIONAL MISCONDUCT.
If you are a consumer and using our Hardware 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.
10. Your Privacy
11. Force majeure
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 if 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.
If any provision of these Terms is to be held invalid or unenforceable by any competent court, authority, arbitral tribunal or alternative dispute resolution board, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law.
Softube has the right to assign any part of its rights and obligations under the agreement between us and you without your prior consent.
13. 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 13 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 procedures. Contact us and we can tell you more, or find out more on EU online dispute resolution procedure for consumers.
14. Other information
Corporate identity number: 556648-7269
VAT no: SE556648726901
Address: Sankt Larsgatan 9D
SE-582 24 Linköping
E-mail address: email@example.com
Phone number: +46 13 21 16 23 (9 a.m. - 5 p.m. CET)
Fax: +46 13 10 00 23