Software License Agreement

Please read this software license agreement carefully, before using Audectra Software. By installing or using Audectra Software, you are agreeing to be bound by the terms of this Agreement. If you do not agree to this Agreement, you are not allowed to install or use any Audectra Software.

1) Definitions

Agreement shall mean this document including its appendices.

Audectra shall mean Audectra e.U., proprietor Dipl.-Ing. Phillip Djurdjevic

Audectra Forum shall mean the forums at forum.audectra.com.

Licensee shall mean the contracting party to the Agreement.

License shall mean the license granted to Licensee by Audectra through this Agreement.

Software shall mean the software, to which the Licensee is granted usage rights through this Agreement.

Delivery Date shall mean the date that Licensee is invoiced by Audectra for the applicable Software.

Activation Date shall mean the date that Licensee activates the applicable Software.

Expiration Date shall mean the date 1 year after the Activation Date.

Party shall mean Licensee and Audectra individually.

Parties shall mean Licensee and Audectra jointly.

Third Party shall mean any other party than the Party.

Non-Commercial Use shall mean personal/private or non-profit use.

Commercial Use, opposing Non-Commercial Use, shall mean any use for business or for-profit purposes, including, but not limited to, any use in combination with business or for-profit purposes.

2) Copyright

The Software is the property of Audectra, and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

3) Grant of License

When entering into this License Agreement, the Licensee must choose between three different license models. Each model grants Licensee a specific set of usage-rights to the Software, as described in the following sections 3.1 – 3.3. Depending on the type of license purchased or obtained, section 3.1, 3.2 or 3.3 below shall apply. Section 3.4 is applicable for all license models and shall hence apply regardless of the chosen license type.

3.1) Basic License

  1. Subject to the terms and conditions specified in this Agreement, a Basic License grants Licensee a non-exclusive and non-transferable right to install and utilize the Software on Licensee’s own computer, for Non-Commercial Use only.
  2. This Basic License can be upgraded to a Professional or Business License any time, by purchasing a product key for a License Fee from Audectra.
  3. Licensee may update the Software in accordance to section 6.

3.2) Professional License

  1. Subject to the terms and conditions specified in this Agreement, a Professional License grants Licensee a non-exclusive and non-transferable right to install and utilize the Software on Licensee’s own computer, for Non-Commercial Use only.
  2. The Professional License shall be valid from Delivery Date until Expiration Date, and will revert back to a Basic License thereafter.
  3. Licensee may update the Software in accordance to section 6 and transfer this license to the updated version, as long as this License is valid.
  4. Licensee may contact Audectra for support by email, as long as this License is valid.

3.3) Business License

  1. Subject to the terms and conditions specified in this Agreement, a Business License grants Licensee a non-exclusive and non-transferable right to install and utilize the Software on Licensee’s own computer, for Commercial Use.
  2. The Business License shall be valid from Delivery Date until Expiration Date, and will revert back to a Basic License thereafter.
  3. Licensee may update the Software in accordance to section 6 and transfer this license to the updated version, as long as this License is valid.
  4. Licensee may contact Audectra for support by email, as long as this License is valid.

3.4) General Grants and Limitations

  1. Audectra reserves all rights not expressly granted to Licensee in this Agreement. Without limiting the generality of the foregoing, Licensee acknowledges and agrees that: (i) except as specifically set forth in this Agreement, Audectra retains all right, title, interest in and to the Software, and Licensee does not acquire any right, title or interest to the Software except as set forth herein, (ii) any configuration or deployment of the Software shall not affect or diminish Audectra’s rights, title and interest in and to the Software. Except as stated in the foregoing subsection, nothing in this Agreement shall limit in any way Audectra’s right to develop, use, license, create derivative works of, or otherwise exploit the Software, or to permit any Third Party to do so.
  2. Licensee may ask for support in Audectra Forum in according to section 6.
  3. Licensee and its Affiliates are under no circumstances allowed to transfer, rent, lease, lend, sell, copy, redistribute, sub-license the Software by itself, or with other software, or in any other way make the Software available, to any Third Party. Any attempt to do so is considered a breach of this Agreement.

4) License Fee

In consideration of the License(s) granted to Licensee under this Agreement, the Licensee shall pay a License Fee. Audectra shall invoice Licensee for all payments due, and Licensee shall pay all invoices by the agreed payment method.

5) Term and Termination

The License granted under this Agreement gives Licensee a right to use the Software in accordance to section 3. Either Party may terminate this Agreement in the event of a material breach of this Agreement by the other Party. On termination of this agreement section 2, 8, 9 and 10 shall survive.

On termination of this Agreement each Party must remove, delete or otherwise destroy any of the other Party’s material that it has received, copied or otherwise obtained.

6) Maintenance and Support

Like stated in section 3.4, Licensee may use Audectra Forum for support and requests, assuming that Licensee agrees to the Forum Rules and Guidelines, which can be found in Audectra Forum.

In accordance to section 3, Licensee may update the Software to an updated version, assuming that Licensee agrees to the Software License Agreement at the time of update.

7) Warranties and Representation

Audectra’s warranties and representations in this section are limited to the Software provided to the Licensee under this Agreement. However, warranties and representations shall under no circumstances be deemed to cover any third party libraries, which are provided alongside the applicable Software.

Audectra warrants and represents that:

  1. For a period of ninety (90) days following Delivery Date of the Software (the “Warranty Period”), Audectra warrants that the Software will perform substantially in accordance with Audectra’s written specifications, provided that it has been used in accordance with all documentation and specifications made available on Audectra’s Website.
  2. Audectra will perform its obligations under this Agreement in accordance with all applicable laws and regulations.
  3. Audectra has the full and unconditional ownership of the Software.
  4. This Agreement does not infringe intellectual property rights of any Third Party.
  5. Audectra has not intentionally placed, and will use its best efforts to avoid the placement of any Harmful Code into the Software provided under this Agreement. For the purpose of this section, “Harmful Code” is defined as any program that infects, damages and/or impairs another program or data, disables hardware or software, or permits or assists in the breach of data.

In the event of breach, or alleged breach of any of the warranties in this section, Licensee shall promptly notify and return the Software to Audectra at Licensee’s own expense. Licensee’s sole remedy in such an event shall be that Audectra shall correct the Software so that it operates according to the warranties set out in this section. The warranties shall not apply, if Licensee has modified, or used the Software improperly, or on an operating environment not approved by Audectra. Licensee is not entitled to any damages, including, but not limited to, consequential damages, if the Software does not meet the limited warranties.

8) Limitation and Liability

All Software, maintenance and support services supplied by Audectra are provided ‘as is’ and may have errors and omissions. Thus remedies are only available to the Licensee according to section 7.

Under no circumstances, and even if informed thereof by Licensee or any other party, shall Audectra be liable for (i) loss of, or damage to, data, (ii) special, incidental, consequential or indirect damages, (iii) lost profits, business, revenue, goodwill, or anticipated savings.

In all events, either Party’s liability for damages to the other Party for any cause whatsoever related to this Agreement, shall be limited to the License Fees paid or due by Licensee for a twelve (12) month period under this Agreement.

9) Applicable Law and Legal Venue

This Agreement shall be governed by and construed in accordance with the laws of Austria.

Any dispute, controversy or claim arising out of, or relating this Agreement, or the breach, termination, or invalidity thereof, the Parties shall seek to solve amicably through negotiations. If the Parties do not reach an amicable solution within two weeks, any dispute, controversy or claim shall be finally settled by the regular courts of Austria. Both Parties agree to and accept any district court of Vienna as legal venue.

10) Third Party Libraries

NAudio

Microsoft Public License (Ms-PL)

This license governs use of the accompanying software. If you use the software, you accept this license. If you do not accept the license, do not use the software.

1. Definitions

The terms “reproduce,” “reproduction,” “derivative works,” and “distribution” have the same meaning here as under U.S. copyright law.

A “contribution” is the original software, or any additions or changes to the software.

A “contributor” is any person that distributes its contribution under this license.

“Licensed patents” are a contributor’s patent claims that read directly on its contribution.

2. Grant of Rights

(A) Copyright Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free copyright license to reproduce its contribution, prepare derivative works of its contribution, and distribute its contribution or any derivative works that you create.

(B) Patent Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free license under its licensed patents to make, have made, use, sell, offer for sale, import, and/or otherwise dispose of its contribution in the software or derivative works of the contribution in the software.

3. Conditions and Limitations

(A) No Trademark License- This license does not grant you rights to use any contributors’ name, logo, or trademarks.

(B) If you bring a patent claim against any contributor over patents that you claim are infringed by the software, your patent license from such contributor to the software ends automatically.

(C) If you distribute any portion of the software, you must retain all copyright, patent, trademark, and attribution notices that are present in the software.

(D) If you distribute any portion of the software in source code form, you may do so only under this license by including a complete copy of this license with your distribution. If you distribute any portion of the software in compiled or object code form, you may only do so under a license that complies with this license.

(E) The software is licensed “as-is.” You bear the risk of using it. The contributors give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this license cannot change. To the extent permitted under your local laws, the contributors exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Math.NET Numerics

Copyright (c) 2002-2015 Math.NET

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

SharpDX

Copyright (c) 2010-2015 SharpDX – Alexandre Mutel

Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the “Software”), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
THE SOFTWARE.

NLog

Copyright (c) 2004-2018 Jaroslaw Kowalski <>, Kim Christensen, Julian Verdurmen

All rights reserved.

Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:

* Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.

* Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.

* Neither the name of Jaroslaw Kowalski nor the names of its
contributors may be used to endorse or promote products derived from this
software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS”
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE.

StructureMap

Copyright 2004-2009 Jeremy D. Miller

Licensed under the Apache License, Version 2.0 (the “License”);
you may not use this file except in compliance with the License.
You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software
distributed under the License is distributed on an “AS IS” BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and
limitations under the License.

Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

1. Definitions.

“License” shall mean the terms and conditions for use, reproduction,
and distribution as defined by Sections 1 through 9 of this document.

“Licensor” shall mean the copyright owner or entity authorized by
the copyright owner that is granting the License.

“Legal Entity” shall mean the union of the acting entity and all
other entities that control, are controlled by, or are under common
control with that entity. For the purposes of this definition,
“control” means (i) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.

“You” (or “Your”) shall mean an individual or Legal Entity
exercising permissions granted by this License.

“Source” form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation
source, and configuration files.

“Object” form shall mean any form resulting from mechanical
transformation or translation of a Source form, including but
not limited to compiled object code, generated documentation,
and conversions to other media types.

“Work” shall mean the work of authorship, whether in Source or
Object form, made available under the License, as indicated by a
copyright notice that is included in or attached to the work
(an example is provided in the Appendix below).

“Derivative Works” shall mean any work, whether in Source or Object
form, that is based on (or derived from) the Work and for which the
editorial revisions, annotations, elaborations, or other modifications
represent, as a whole, an original work of authorship. For the purposes
of this License, Derivative Works shall not include works that remain
separable from, or merely link (or bind by name) to the interfaces of,
the Work and Derivative Works thereof.

“Contribution” shall mean any work of authorship, including
the original version of the Work and any modifications or additions
to that Work or Derivative Works thereof, that is intentionally
submitted to Licensor for inclusion in the Work by the copyright owner
or by an individual or Legal Entity authorized to submit on behalf of
the copyright owner. For the purposes of this definition, “submitted”
means any form of electronic, verbal, or written communication sent
to the Licensor or its representatives, including but not limited to
communication on electronic mailing lists, source code control systems,
and issue tracking systems that are managed by, or on behalf of, the
Licensor for the purpose of discussing and improving the Work, but
excluding communication that is conspicuously marked or otherwise
designated in writing by the copyright owner as “Not a Contribution.”

“Contributor” shall mean Licensor and any individual or Legal Entity
on behalf of whom a Contribution has been received by Licensor and
subsequently incorporated within the Work.

2. Grant of Copyright License. Subject to the terms and conditions of
this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
copyright license to reproduce, prepare Derivative Works of,
publicly display, publicly perform, sublicense, and distribute the
Work and such Derivative Works in Source or Object form.

3. Grant of Patent License. Subject to the terms and conditions of
this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
(except as stated in this section) patent license to make, have made,
use, offer to sell, sell, import, and otherwise transfer the Work,
where such license applies only to those patent claims licensable
by such Contributor that are necessarily infringed by their
Contribution(s) alone or by combination of their Contribution(s)
with the Work to which such Contribution(s) was submitted. If You
institute patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Work
or a Contribution incorporated within the Work constitutes direct
or contributory patent infringement, then any patent licenses
granted to You under this License for that Work shall terminate
as of the date such litigation is filed.

4. Redistribution. You may reproduce and distribute copies of the
Work or Derivative Works thereof in any medium, with or without
modifications, and in Source or Object form, provided that You
meet the following conditions:

(a) You must give any other recipients of the Work or
Derivative Works a copy of this License; and

(b) You must cause any modified files to carry prominent notices
stating that You changed the files; and

(c) You must retain, in the Source form of any Derivative Works
that You distribute, all copyright, patent, trademark, and
attribution notices from the Source form of the Work,
excluding those notices that do not pertain to any part of
the Derivative Works; and

(d) If the Work includes a “NOTICE” text file as part of its
distribution, then any Derivative Works that You distribute must
include a readable copy of the attribution notices contained
within such NOTICE file, excluding those notices that do not
pertain to any part of the Derivative Works, in at least one
of the following places: within a NOTICE text file distributed
as part of the Derivative Works; within the Source form or
documentation, if provided along with the Derivative Works; or,
within a display generated by the Derivative Works, if and
wherever such third-party notices normally appear. The contents
of the NOTICE file are for informational purposes only and
do not modify the License. You may add Your own attribution
notices within Derivative Works that You distribute, alongside
or as an addendum to the NOTICE text from the Work, provided
that such additional attribution notices cannot be construed
as modifying the License.

You may add Your own copyright statement to Your modifications and
may provide additional or different license terms and conditions
for use, reproduction, or distribution of Your modifications, or
for any such Derivative Works as a whole, provided Your use,
reproduction, and distribution of the Work otherwise complies with
the conditions stated in this License.

5. Submission of Contributions. Unless You explicitly state otherwise,
any Contribution intentionally submitted for inclusion in the Work
by You to the Licensor shall be under the terms and conditions of
this License, without any additional terms or conditions.
Notwithstanding the above, nothing herein shall supersede or modify
the terms of any separate license agreement you may have executed
with Licensor regarding such Contributions.

6. Trademarks. This License does not grant permission to use the trade
names, trademarks, service marks, or product names of the Licensor,
except as required for reasonable and customary use in describing the
origin of the Work and reproducing the content of the NOTICE file.

7. Disclaimer of Warranty. Unless required by applicable law or
agreed to in writing, Licensor provides the Work (and each
Contributor provides its Contributions) on an “AS IS” BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
implied, including, without limitation, any warranties or conditions
of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
PARTICULAR PURPOSE. You are solely responsible for determining the
appropriateness of using or redistributing the Work and assume any
risks associated with Your exercise of permissions under this License.

8. Limitation of Liability. In no event and under no legal theory,
whether in tort (including negligence), contract, or otherwise,
unless required by applicable law (such as deliberate and grossly
negligent acts) or agreed to in writing, shall any Contributor be
liable to You for damages, including any direct, indirect, special,
incidental, or consequential damages of any character arising as a
result of this License or out of the use or inability to use the
Work (including but not limited to damages for loss of goodwill,
work stoppage, computer failure or malfunction, or any and all
other commercial damages or losses), even if such Contributor
has been advised of the possibility of such damages.

9. Accepting Warranty or Additional Liability. While redistributing
the Work or Derivative Works thereof, You may choose to offer,
and charge a fee for, acceptance of support, warranty, indemnity,
or other liability obligations and/or rights consistent with this
License. However, in accepting such obligations, You may act only
on Your own behalf and on Your sole responsibility, not on behalf
of any other Contributor, and only if You agree to indemnify,
defend, and hold each Contributor harmless for any liability
incurred by, or claims asserted against, such Contributor by reason
of your accepting any such warranty or additional liability.

END OF TERMS AND CONDITIONS

Q42.HueApi

Copyright (C) 2013 Q42

Permission is hereby granted, free of charge, to any person obtaining a
copy of this software and associated documentation files (the
“Software”), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to
permit persons to whom the Software is furnished to do so, subject to
the following conditions:

The above copyright notice and this permission notice shall be included
in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE
LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION
OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION
WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

11) Additional Notes

Audectra reserves the right to modify and amend the Agreement to correct errors or to address new concerns. In such an event, Licensee will be notified about the changes and may terminate this Agreement within 14 days after notification in accordance to section 5.