This end user license agreement ("EULA") is a legal contract between AudioRanger e.U. ("we", "us", and "our") and the user ("you") of the AudioRanger software application ("app"). It specifies in detail the rights and restrictions which apply to the use of the app. Please carefully read this license agreement before installing or using the app. By installing or using the app, you agree to be bound to the terms and conditions of this EULA. If you do not agree, then do not install or use the app.
The app is licensed, not sold. We grant you a revocable, non-transferable, non-exclusive and limited license to install and use the app on up to five (5) devices that you own or control, for both personal and commercial purposes, but strictly in accordance with the terms and conditions of this EULA. We reserve all rights in and to the app not expressly granted to you under this EULA.
Some features of the app are exclusive to the paid version ("Pro version") of the app. If you did not purchase the Pro version, this EULA does not apply to these exclusive features. If you did purchase the Pro version, this EULA applies to the entire app.
This EULA also governs all updates that replace or supplement earlier versions of the app as well as content or services which are accessible from within the app.
You may not sell, rent, lend, lease, relicense, sublicense, distribute, redistribute, host, transfer, misuse, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the app or any part thereof, except as and only to the extent that is permitted by applicable law or by the licensing terms of open-sourced and third-party components included within the app.
This EULA is effective until terminated by either you or us. You may, in your sole discretion, at any time and for any (or no) reason, terminate this EULA with or without prior notice. We may only terminate this EULA for important reasons, like you failing to comply with any of the terms or conditions of this EULA. If this EULA is terminated, you must uninstall, remove and stop using all copies of the app on all devices that you own or control.
You agree that the termination of this EULA does not justify any refunds for any of your payments. Instead, refunds are issued in accordance with our refund policy and applicable law.
We reserve the right to temporarily or permanently modify, suspend, discontinue or disable the entire app or any of its features, functionalities or associated services, with or without prior notice and without liability to you.
The app enables using third-party websites as download sources. Such usage is completely optional and can be disabled within the app settings. If you choose to use third-party websites within the app, you agree to not use any third-party websites in any manner that infringes the intellectual property rights of any third or other party, and that you use third-party websites in full compliance with all applicable laws.
Please note that it is your responsibility to understand and respect the applicable laws. We can not make legal determinations for you or provide legal advice, since we do not and can not know whether the applicable laws of your jurisdiction permit the use you have in mind. If you are unsure about the applicable intellectual property rights in your jurisdiction, then please obtain legal advice from a lawyer or simply do not use any third-party websites as download sources from within the app.
As a non-binding and general information, and according to our knowledge, the jurisdictions of several European countries essentially permit the downloading of copyrighted material for personal and non-commercial use from websites which are legally available. In the United States, copyrights are limited by the "Fair Use" doctrine, under which downloading of copyrighted material may be considered fair if it happens for the purpose of e.g. teaching, commentary, news reporting or research. If the original author has released the material under a permissive license, such as a Creative Commons license, then downloading of that material is permitted for most use cases anyway.
The following third-party website can be used as download source within the app. This website is legally available.
You acknowledge and agree that you use the app at your own sole risk. To the maximum extent permitted by applicable law, there is no warranty for the app. We provide the app and any services performed or provided as part thereof "as is" and "as available", without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and of noninfringement of third-party rights. The entire risk as to the quality and performance of the app is with you. Should the app prove defective, you assume the cost of all necessary restorations, corrections, repairs and servicing.
In no event unless required by applicable law will we be liable for any general, special, direct, indirect, incidental or consequential damages, including, without limitation, damages due to loss of profits, loss of data, business interruption, or any other commercial damages or losses arising out of or related to the use or inability to use the app, even if we have been advised of the possibility of such damages. In jurisdictions where liability can not be waived, our total liability to you for all damages shall in no event exceed the amount of one hundred euros (100.00 EUR).
If any of the terms or conditions of this EULA is held to be unenforceable or invalid, or infringes applicable law, then the rest of the terms and conditions of this EULA shall not be affected. An alternative term or condition applies in place of the unenforceable term or condition, which approximates the purpose of the latter and which would have been stipulated if the ineffectiveness of the concerned term or condition would have been known.
This EULA and the relationship between you and us shall be governed by the laws of Austria. You and we agree that the place of execution and court of jurisdiction for all disputes and claims arising directly or indirectly from this EULA or usage of the app will be the court of our business location. This also includes dispute about the place of execution and court of jurisdiction itself.