End User License Agreement (EULA)
IMPORTANT – READ CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE.
This End User License Agreement ("Agreement") is a binding legal contract between you, whether an individual acting as a consumer or on behalf of a single legal entity ("You", "Your" or "Licensee"), and HT-Beats ("Licensor", "we", "us" or "our"), the developer and provider of the SuperSet Studio software application. It governs Your download, installation, activation and use of the SuperSet Studio desktop application, its bundled processing engine, associated online licensing services, updates, and accompanying documentation (collectively, the "Software").
BY SELECTING "I ACCEPT", OR BY INSTALLING, COPYING, ACTIVATING, ACCESSING OR OTHERWISE USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS, AND YOU REPRESENT THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE, AND SELECT "I DO NOT ACCEPT" TO CANCEL THE INSTALLATION.
If You are entering into this Agreement on behalf of a company or other legal entity, You represent that You have authority to bind that entity, in which case "You" refers to that entity.
PLAIN-LANGUAGE SUMMARY (not a substitute for the full terms below)
- The Software is licensed, not sold. You get a personal licence to use it on one computer.
- A free 7-day trial lets You try every feature, including 3 test exports of up to 4 sounds each; each trial set starts from scratch. Buying the full licence (one-time purchase) unlocks unlimited export and lets You continue building existing sets.
- The Software must connect to the internet to activate and to keep running, and it binds Your licence to one computer's security chip (TPM).
- You keep all rights to the sound libraries and projects You create or import. We never receive them – only licensing information is sent.
- If You are a consumer, this Agreement does NOT take away Your mandatory legal rights (including statutory guarantees and, where applicable, a right to cancel). Those rights always prevail over anything in this Agreement.
- Please read Sections 5-7 (payment, cancellation, activation) and Sections 17-19 (your legal guarantee, warranty and liability) carefully.
1DEFINITIONS
1.1"Software" has the meaning given above and includes the desktop application,
the bundled processing engine, the online licensing/activation service, and all updates and documentation We make available under this Agreement.
1.2"Consumer" means an individual acting for purposes wholly or mainly outside
that person's trade, business, craft or profession.
1.3"Licence Key" means the unique alphanumeric key issued to You that, together
with online activation, authorises use of the paid Software.
1.4"Licensed Device" means the single computer to which Your licence is bound
through activation.
1.5"Trial" means the free, time-limited evaluation mode described in Section 4.
1.6"Your Content" means the sound libraries, sets, programs, combinations,
samples, projects, files and other materials You create, import, open or process using the Software.
1.7"Documentation" means the user guide and other materials We provide
describing the Software's features and use.
2AGREEMENT TO TERMS; ELIGIBILITY
2.1Your acceptance is given by the affirmative act of selecting "I accept" and
installing or using the Software. Keep a copy of this Agreement for Your records; it is also available within the Software and from Licensor on request.
2.2You must be of the age of majority in Your country and legally capable of
forming a binding contract to use the Software.
2.3This Agreement applies both to Consumers and to business users. Where a term
applies only to one category, it says so. Nothing in this Agreement limits or excludes any right You have that cannot be limited or excluded by applicable law (see Sections 17 and 24).
3LICENCE GRANT
3.1Subject to Your continuous compliance with this Agreement and, for the paid
Software, payment of the applicable fee, Licensor grants You a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use one (1) copy of the Software on one (1) Licensed Device that You own or control, for Your own lawful use.
3.2The paid licence is a one-time purchase for the version You buy: it is
perpetual for that version for so long as You comply with this Agreement, and it includes updates within that version as described in Section 14. It does not automatically include paid upgrades to future major versions, which may be offered separately.
3.3Each Licence Key authorises activation on one Licensed Device at a time.
Activation cryptographically binds the licence to that device's security hardware (see Section 9). This is a licence of rights to use the Software; it is not a sale of the Software or of any intellectual property in it.
3.4You may make one backup copy of the Software solely for archival purposes,
provided the backup is not installed or used on any device other than as permitted above and retains all proprietary notices. To the extent applicable law grants You a non-excludable right to make a back-up copy necessary for use, this Agreement does not restrict that right.
4FREE TRIAL
4.1The Software offers a free trial for a period of seven (7) days from the
day You start the Trial. No Licence Key or payment is required to start the Trial.
4.2During the Trial all features are available, and export (producing a
finished, loadable set for a Korg workstation) is limited to an evaluation allowance of at most three (3) exports of up to four (4) sounds each, so You can verify the results on Your own instrument before purchasing. Unlimited export requires a paid licence. Each Trial set is built from scratch: the Trial does not open or import a set previously produced with the Software (continuing to build an existing set is a licensed feature), and combining evaluation exports to assemble a larger set falls outside the evaluation purpose of this Section.
4.3The Trial is provided "as is" for evaluation only and may be modified,
limited or withdrawn at any time. When the Trial period ends, a paid licence is required to continue using the Software.
4.4The Trial period and the evaluation export allowance are tracked on Your
computer and on Our licensing service, and each evaluation export is confirmed online at the time of export (an internet connection is required for Trial exports; browsing and building need no connection). Attempting to circumvent, reset or extend the Trial by tampering with device data, local files, the system clock or otherwise is a breach of Section 10.
5FEES, PAYMENT AND TAXES
5.1The full (paid) licence is a one-time purchase at the price stated at the
point of sale (for example, EUR 129). Prices, editions and any applicable promotions are as displayed at the time of Your order and may change for future orders.
5.2Payments are processed by our third-party payment provider (for example,
PayPal). Your use of that provider is subject to its own terms and privacy policy. We do not receive or store Your full card or bank details.
5.3Prices shown to Consumers are stated inclusive of value added tax ("VAT")
where We are required to charge it: the price shown at checkout is the total price You pay. VAT is applied at the rate of Your country of residence, and We account for applicable VAT in accordance with the rules that apply to cross-border supplies of digital services.
5.4On successful payment You will receive Your Licence Key and download
instructions by email at the address You provide. You are responsible for providing a correct email address and for keeping Your Licence Key safe (see Section 8).
6RIGHT OF WITHDRAWAL (CONSUMERS) AND REFUNDS
6.1If You are a Consumer in the European Union, the European Economic Area, the
United Kingdom, or another jurisdiction granting an equivalent right, You normally have a period of fourteen (14) days to withdraw from a distance contract without giving any reason.
6.2IMPORTANT – LOSS OF THE WITHDRAWAL RIGHT FOR DIGITAL CONTENT. The Software is
digital content supplied online and not on a tangible medium. By purchasing and then downloading, installing or activating the paid Software (that is, by requesting that supply/performance begin) during the 14-day period, You:
- expressly request that We begin supply of the paid Software immediately; and
- acknowledge and agree that You thereby LOSE Your right of withdrawal once the download/activation of the paid features has begun. We recommend You use the free Trial (Section 4) to evaluate the Software before purchasing. If You do not want to lose Your withdrawal right, do not activate the paid features until the 14-day period has elapsed.
6.3Where the withdrawal right still applies (for example, You have not yet begun
the supply of the paid features), You may withdraw by a clear statement sent to the contact in Section 27 within the 14-day period, and We will reimburse payments received from You without undue delay and within 14 days of being informed.
6.4Nothing in this Section limits any statutory refund or remedy You may have as
a Consumer for Software that is faulty or not as described (see Section 17). Our published refund policy, where more generous than the above, also applies.
6.5Business (non-Consumer) purchases are final and non-refundable except as
required by law or expressly agreed by Us in writing.
7ONLINE ACTIVATION AND CONTINUOUS VALIDATION (MANDATORY)
7.1The Software REQUIRES an active internet connection to activate and to
operate. On first paid use You must enter a valid Licence Key, and the Software contacts Licensor's licensing servers to activate and bind the licence to the Licensed Device.
7.2Thereafter the Software periodically re-validates the licence online while
running (for example, at launch, at regular intervals during use, and before performing an export). If the Software cannot reach the licensing servers, or the licence is not valid, suspended, expired, revoked or transferred, protected functionality (including export) will stop working until a valid licence is confirmed again.
7.3YOU ACKNOWLEDGE THAT CONTINUOUS ONLINE VALIDATION IS A CORE, NON-OPTIONAL
FUNCTION OF THE SOFTWARE AND THAT THERE IS NO OFFLINE MODE. This is a described characteristic of the Software, not a defect. Temporary interruptions to the licensing service may occur; We aim to keep it available but do not guarantee uninterrupted availability (see Sections 18-19).
7.4The Software is designed to fail safely for Your data: a licence lock only
prevents new protected actions (such as export) and does not delete, corrupt or withhold Your existing files, and You can save work in progress.
8LICENCE KEYS
8.1Your Licence Key is confidential and personal to You. You must not publish,
share, resell, sublicense, lend, or disclose it to any third party.
8.2You are responsible for all use of the Software under Your Licence Key and
for keeping it and Your account credentials secure. Notify Us promptly if You believe Your Licence Key has been lost, stolen or misused.
8.3Licensor may suspend or revoke any Licence Key that is shared, leaked, used
fraudulently, obtained without payment, subject to chargeback, or used in breach of this Agreement, in accordance with Section 22.
9DEVICE BINDING AND TRANSFERS
9.1Activation binds Your licence to one Licensed Device using a non-exportable
key held in that device's security hardware (Trusted Platform Module, "TPM"). A public, non-secret device identifier derived from that hardware is used to identify the Licensed Device. If Your device has no usable TPM, activation may not be possible on that device.
9.2Copying installation files, application data or activation files to another
computer does NOT transfer the licence and will not activate the Software on that computer.
9.3Moving the Software to a different computer requires an authorised transfer
through Licensor's approved support process (Section 26). Licensor may, acting reasonably, limit the number and frequency of transfers to prevent abuse. Reasonable transfer requests (for example, a new or replaced computer) will not be unreasonably refused.
10PERMITTED USE AND RESTRICTIONS
You SHALL NOT, and shall not permit or enable any third party to:
- copy, reproduce or distribute the Software except as expressly permitted in Section 3;
- sell, rent, lease, lend, host, provide as a service or commercial bureau, or otherwise commercially exploit the Software or access to it;
- modify, adapt, translate or create derivative works of the Software;
- remove, alter or obscure any proprietary notices, labels or marks;
- circumvent, disable, tamper with or defeat any licensing, activation, validation, trial-limitation, security or technical protection mechanism, or attempt to run protected functionality (including export) without a valid, active licence;
- intercept, replay, forge or tamper with communications between the Software and the licensing servers, or use automated means to obtain, generate or validate Licence Keys;
- use the Software to develop a competing product, or to build or train any dataset or model from the Software's protected components; or
- use the Software unlawfully or in violation of any third party's rights.
MANDATORY-LAW EXCEPTION. The restrictions in (c) and any restriction on reverse engineering, decompilation or disassembly apply only to the extent permitted by applicable law. Where the law grants You non-excludable rights – for example, to observe, study and test the functioning of the Software, to correct errors, to make a necessary back-up copy, or to decompile to the limited extent indispensable to achieve interoperability of an independently created program (as under Directive 2009/24/EC in the EU/EEA and equivalent laws) – this Agreement does not restrict those rights, and You may exercise them subject to the conditions the law imposes.
11OWNERSHIP AND INTELLECTUAL PROPERTY
11.1The Software is protected by copyright and other intellectual property laws
and treaties. Licensor and its licensors retain all right, title and interest in and to the Software, including all copies, modifications and derivatives, and all associated intellectual property rights, including the file-format handling, dependency-resolution, validation and packaging methods embodied in the Software.
11.2No rights are granted to You except as expressly set out in this Agreement.
All rights not expressly granted are reserved by Licensor.
11.3If You provide feedback or suggestions, You grant Licensor a perpetual,
irrevocable, royalty-free licence to use them without obligation to You.
12YOUR CONTENT
12.1Your Content remains Yours. The Software processes Your Content locally on
Your device. The licensing servers do NOT receive Your sound libraries, project contents, file names or imported folder contents.
12.2The Software only ever reads Your source libraries; the sets, programs and
packages You build are assembled into separate output that You export. You are responsible for having the rights to use any content You process and for complying with the terms of any third-party sound libraries.
12.3You are solely responsible for Your Content and for maintaining backups.
Licensor is not responsible for any loss of or damage to Your Content, save as provided in Sections 17-19.
13THIRD-PARTY MATERIALS; TRADEMARKS
13.1The Software may include or rely on third-party and open-source components,
which are licensed under their own terms; those terms govern Your use of those components and, where required, are made available with the Software or on request. To the extent an open-source licence grants You rights that conflict with this Agreement, the open-source licence controls for that component.
13.2Korg, Nautilus and Kronos are trademarks of Korg Inc., referenced solely to
describe compatibility. Licensor and the Software are independent and are NOT affiliated with, sponsored by or endorsed by Korg Inc. All other trademarks are the property of their respective owners.
14UPDATES, UPGRADES AND VERSION SUPPORT
14.1Licensor may, but is not obliged to, provide updates, patches, bug fixes or
new versions. Updates within the version You purchased are included with Your licence. Such updates may be required for continued operation, and Licensor may cease to license or support older versions.
14.2Where an update is necessary to keep the Software in conformity (see Section
17), Licensor will provide it to Consumers as required by applicable law. You are responsible for installing updates We make available; if You choose not to install an update within a reasonable time, We are not responsible for a lack of conformity resulting solely from that omission, provided We informed You of the update and the consequences of not installing it.
14.3This Agreement governs all updates unless a separate agreement accompanies
them.
15SUPPORT
Support for the paid Software (including licence transfers) is provided through the channels stated in Section 26, subject to any support terms published by Licensor. The Trial is provided without support obligations.
16PRIVACY AND DATA PROTECTION
16.1To activate and validate the licence, the Software transmits to Licensor
only information necessary for licensing, fraud prevention, version enforcement and support – including the Licence Key (during activation), a public device identifier derived from Your device's security hardware, a pseudonymous installation identifier, the application version, and minimal security telemetry.
16.2The Software does NOT transmit Your sound libraries, project data, file
names or imported folder contents.
16.3Where this information relates to an identified or identifiable individual,
Licensor processes it as a controller in accordance with applicable data protection law (including, where applicable, the EU/UK General Data Protection Regulation) for the purposes of performing this Agreement, operating and securing the licensing service, and complying with legal obligations. Your use of the Software is also subject to Licensor's Privacy Notice, which describes the data processed, legal bases, retention and Your rights, and is available at the contact/URL in Section 27.
17LEGAL GUARANTEE / CONFORMITY (CONSUMERS)
17.1If You are a Consumer, You benefit from a statutory guarantee that the
Software conforms with the contract, and from the remedies provided by applicable consumer law (including, in the EU/EEA, Directive (EU) 2019/770 on the supply of digital content and digital services, as implemented nationally). These rights are provided free of charge and are in addition to, and not limited by, the warranty disclaimer in Section 19.
17.2Where the Software is not in conformity, You are entitled to have it brought
into conformity, to a proportionate price reduction, or to terminate the contract for a refund, in the cases and subject to the conditions set out in applicable law. Statutory conformity periods apply (for example, not less than two years from supply in parts of the EU/EEA, or the period set by Your national law).
17.3To exercise these rights, contact Us using Section 27. Nothing in this
Agreement affects Your non-excludable statutory rights as a Consumer, which prevail over any conflicting term.
18KNOWN TECHNICAL LIMITATIONS
18.1The Software works with proprietary, undocumented Korg data formats. The
following limitations are inherent to those formats, are part of the agreed characteristics of the Software, and do not constitute a defect or lack of conformity:
- Sounds using Korg EXi engine types (for example CX-3, AL-1, MOD-7 and similar synthesis engines): their internal sample links cannot be extracted, so such sounds may not transfer or may not sound correct on the target instrument.
- Sounds that depend on purchased or third-party EXs expansion libraries: these transfer only if the SAME libraries are installed and authorised on the target instrument. The Software cannot copy, include or license third-party expansion content.
- Song (sequencer) data referenced by Set List slots does not transfer with a sound set.
- Exact sonic identity across different instrument models, hardware revisions and operating-system versions is not guaranteed. The Software identifies affected sounds where technically possible and warns You before export.
18.2An up-to-date version of this list is published on the product website.
Purchasing with knowledge of these documented limitations, they define the agreed scope of the Software's functionality.
18.3For licensed customers, We provide reasonable assistance with issues
OUTSIDE the limitations listed in Section 18.1 via the in-product diagnostics feature and the support contact in Section 27. Assistance is a support service, not a warranty or a guarantee of resolution.
19DISCLAIMER OF WARRANTIES
19.1SUBJECT TO SECTION 17 AND TO ANY RIGHTS THAT CANNOT BE EXCLUDED BY LAW, AND
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
19.2LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED,
ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE LICENSING SERVERS WILL BE AVAILABLE AT ALL TIMES. YOU ARE RESPONSIBLE FOR VERIFYING EXPORTED RESULTS BEFORE RELYING ON THEM, INCLUDING IN LIVE PERFORMANCE.
19.3The disclaimers in this Section do not apply to a Consumer to the extent
they conflict with the statutory guarantee in Section 17 or other non-excludable rights.
20LIMITATION OF LIABILITY
20.1NOTHING in this Agreement excludes or limits Licensor's liability for:
- death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or wilful misconduct; or (d) any other liability that cannot be excluded or limited under applicable law (including a Consumer's statutory rights).
20.2SUBJECT TO SECTION 20.1, TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR
SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SOFTWARE OR THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
20.3SUBJECT TO SECTION 20.1, LICENSOR'S TOTAL CUMULATIVE LIABILITY FOR ALL
CLAIMS ARISING OUT OF OR RELATED TO THE SOFTWARE OR THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (a) THE AMOUNT YOU ACTUALLY PAID LICENSOR FOR THE LICENCE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT, OR (b) EUR 50.
20.4If You are a Consumer, Licensor is liable for foreseeable loss and damage
caused by Licensor's breach of this Agreement or failure to use reasonable care and skill, but is not liable for loss or damage that is not foreseeable, and Sections 19.2-19.3 apply only to the extent permitted by the mandatory consumer law applicable to You. Some jurisdictions do not allow certain limitations, so some of the above may not apply to You.
21INDEMNIFICATION (BUSINESS USERS)
If You are not a Consumer, You agree to indemnify, defend and hold harmless Licensor and its affiliates from and against any claims, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of Your use of the Software, Your Content, or Your breach of this Agreement. This Section does not apply to Consumers.
22SUSPENSION, TERMINATION AND EFFECT
22.1This Agreement is effective until terminated. It terminates automatically if
You materially breach it and, where the breach is capable of remedy and the law requires, fail to remedy it within a reasonable period after notice.
22.2Licensor may suspend or terminate a licence for non-payment, chargeback,
fraud, Licence Key sharing, or serious or repeated abuse, using suspension in preference to termination where proportionate.
22.3On termination, Your licence ends and You must cease using the Software and
delete all copies (other than a permitted archival back-up You are entitled to keep by law). Termination does not entitle You to a refund except as required by law or by Sections 6 or 17. Your access to Your own exported files and Your Content is not affected by termination.
22.4Sections 8, 10, 11, 12, 18, 19, 20, 21, 23, 25 and 26 survive termination.
23EXPORT CONTROL AND SANCTIONS
You represent that You are not located in, and will not use or export the Software in violation of, any applicable export-control or sanctions laws, and that You are not a person with whom dealing is prohibited under such laws.
24CHANGES TO THIS AGREEMENT
24.1Licensor may update this Agreement for future versions, releases or new
purchases. The version of the Agreement You accepted governs the licence You hold, unless a change is required by law or is necessary for security or the continued operation of the licensing service.
24.2Where We propose material changes to the terms governing Your existing
licence, We will give You reasonable notice, and where the law requires Your consent or gives You a right to reject changes or to terminate, those rights apply.
25GOVERNING LAW AND JURISDICTION
25.1This Agreement is governed by the laws of the jurisdiction in which Licensor
(HT-Beats) is established, without regard to conflict-of-laws principles, and excluding the U.N. Convention on Contracts for the International Sale of Goods.
25.2CONSUMER PROTECTION. If You are a Consumer, this choice of law does not
deprive You of the protection of the mandatory provisions of the law of the country in which You habitually reside, and You may bring proceedings in the courts of that country. Nothing in this Section overrides mandatory consumer protections that apply to You.
25.3For non-Consumers, the courts of the jurisdiction in Section 25.1 have
exclusive jurisdiction over disputes arising out of or relating to this Agreement.
25.4Consumers may also have access to out-of-court dispute resolution or
consumer mediation bodies in their country; these do not affect Your right to go to court.
26GENERAL
26.1Entire agreement. This Agreement, together with any order details, published
refund/support policies and the Privacy Notice, is the entire agreement between You and Licensor regarding the Software and supersedes all prior understandings on its subject matter. This does not exclude liability for fraudulent misrepresentation.
26.2Severability. If any provision is held unenforceable, it will be modified to
the minimum extent necessary or severed, and the remaining provisions remain in effect.
26.3No waiver. Licensor's failure to enforce any right is not a waiver of it.
26.4Assignment. You may not assign or transfer this Agreement or Your licence
except as expressly permitted (see Section 9). Licensor may assign this Agreement to a successor in connection with a merger, acquisition or sale of assets, without reducing Your rights.
26.5Force majeure. Licensor is not liable for delay or failure caused by events
beyond its reasonable control, including internet or hosting outages.
26.6Notices. Notices to Licensor must be sent using Section 27. Licensor may
give notices to You in the Software, by email, or via its website.
26.7Language. This Agreement is provided in English. Where We provide a
translation, the English version prevails to the extent permitted by law.
27CONTACT
HT-Beats – SuperSet Studio Support, licence transfers, withdrawal/refund requests and privacy enquiries: Website: https://htbeats.com Email: support@htbeats.com
Related policies (available at https://htbeats.com):
- Privacy Notice (see Section 16)
- Refund Policy (see Section 6)
By selecting "I accept", You confirm that You have read and agree to this Agreement.