DrumThrash 2.0.5.3

EULA - End User License Agreement

End User License Agreement for DrumThrash 2.0.4
IMPORTANT READ CAREFULLY:
This is a legal agreement between you, the end user, and the copyright holder, the developer of the program ("Aaron Wampler"), regarding your use of DrumThrash products ("Software"). By installing and using the Software, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this License Agreement, do not install, access or use the SOFTWARE.
Restrictions:
* You may not, and you may not permit others to reverse engineer, decompile, decode, decrypt, disassemble, or in any way derive source code from the Software.
* You may not, and you may not permit others to modify, distribute, or create derivative works of the Software.
* You may not, and you may not permit others to copy (other than one back-up copy), distribute, publicly display, transmit, sell, rent, lease or otherwise exploit the Software.
* You may not sell, license or distribute copies of the SOFTWARE on a stand-alone basis or as part of any collection, product or service where the primary value of the product or service are the SOFTWARE.
* The Software is owned by Aaron Wampler and protected by copyright law and international copyright treaties. You may not use or distribute any of the SOFTWARE that include representations of identifiable individuals, governments, logos, initials, emblems, trademarks, or entities for any commercial purposes or to express or imply any endorsement or association with any product, service, entity, or activity.
You cannot copy CDs or DVDs in order to sell or give away copies, or for any commercial purpose.
If DrumThrash detects suspicious activity related to keys or activations. DrumThrash reserves the right to determine in its sole discretion whether an activity constitutes suspicious activity and may deactivate or otherwise limit your keys. Deactivated keys will not be able to activate software.
GRANT OF LICENSE
The copyright holder grants you the following rights:
* You may install and use this SOFTWARE on up to three COMPUTERS, including a workstation, terminal or other digital electronic device ("COMPUTER"). If you a want to move the license to another computer, you must first uninstall the license from the current licensed computer before moving it to another computer.
TERM: This License is effective until terminated. You may terminate
it at any time by destroying the Software, together with all copies
thereof. This License will also terminate if you fail to comply with any
term or condition of this Agreement. Upon such termination, you
agree to destroy the Software, together with all copies thereof.
NO FURTHER GRARANTEE.
DrumThrash DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. DrumThrash DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL I Aaron Wampler BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF I Aaron Wampler HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL I Aaron Wampler BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
REFUND POLICY: DrumThrash is downloadable,
and try-before-you-buy. We provide a free 10 day
trial version of our software for your convenience to evaluate
in your computing environment. If you purchase one of our products,
after your payment is approved, an email will be sent to
you with the activation key to unlock the software.
Once this information is emailed to you, there will be no refunds given.
We must enforce this policy since it would be impossible for you to
return your registered version of our software. We strongly recommend
that all users download, install, and test the fully functional trial
versions prior to making a purchase. Once you have activated the software
you will no longer qualify for a refund. Because there is no way to
guarantee that our software was actually removed from a system after it is
installed, this allows us to help fight fraudulent activity.

Liability
I am not liable for any damage done to equipment including blown speakers or other equipmant failure whatsoever.

ACKNOWLEDGMENT BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FORE GOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSED OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE LICENSE DESCRIBED HEREIN.
BASS.NET
3rd Party
--------------------
DrumThrash uses Bass.net library. Thanks to Bernd Niederges and Ian Luck.
http://www.bass.radio42.com/
http://www.un4seen.com/
3rd Party
BASS_VST
--------------------
DrumThrash uses BASS_VST for Vst 2.4 support - Thanks Bjoern!!!
by Bjoern Petersen for Silverjuke.net
VST PlugIn Technology by Steinberg Media Technologies GmbH"
3rd Party
SharpDX
--------------------
DrumThrash uses SharpDX library, which is released under the MIT License
Visit
http://sharpdx.org/ for more information.
MIT License
Copyright (c) 2010-2014 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.
3rd Party
DotNetZip
--------------------
DrumThrash uses DotNetZip library, which is released under the Microsoft Public License (Ms-PL)
Visit
https://dotnetzip.codeplex.com/ for more information.
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.
3rd Party
C# MIDI Toolkit
--------------------
DrumThrash uses C# MIDI Toolkit library, which is released under the MIT License
Visit
https://www.codeproject.com/Articles/6228/C-MIDI-Toolkit for more information.
MIT License
Copyright (c) 18 Apr 2007 C# MIDI Toolkit- Leslie Sanford
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.

3rd Party
MrsWatson
--------------------
MrsWatson, Copyright (c) 2012, Teragon Audio. 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.

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 HOLDER 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.

Third-party libraries
---------------------
VST is a trademark of Steinberg Media Technologies GmbH. The VST SDK is
licensed unde a separate agreement which can be found here:

http://www.steinberg.net/en/company/developer.html
Audiofile is licensed under the Library GNU Public Licence:

This library is free software; you can redistribute it and/or
modify it under the terms of the GNU Library General Public
License as published by the Free Software Foundation; either
version 2 of the License, or (at your option) any later version.

This library is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU
Library General Public License for more details.

You should have received a copy of the GNU Library General Public
License along with this library; if not, write to the
Free Software Foundation, Inc., 59 Temple Place - Suite 330,
Boston, MA 02111-1307 USA.
3rd Party
globalmousekeyhook
--------------------
DrumThrash uses globalmousekey hook, which is released under the BSD 3-clause
License.
Visit https://github.com/gmamaladze/globalmousekeyhook
Copyright (c) 2004-2015, George Mamaladze
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 asssdwd 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 HOLDER 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.
You can use the included audio samples in your music in any way you like as long as do not sell or re-distribute them.