Spacial Audio Solutions, LLC
Spacial Audio Solution, L.L.C., hereinafter referred to as "Spacial", is a
limited liability company organized under the laws of the State of Texas.
Most of Spacial’s software products are marketed as “shareware”. Spacial offers a fully-functional evaluation/download version of it software for potential users to “try before you buy” on a fourteen-day (14-day) free trial basis. Spacial encourages and appreciates users trying our products before placing an order.
If you have not tested Spacial’s free evaluation versions from our download sites, please do so before you place an order to make sure that the product you are ordering is what you want and works correctly with your system. When a user purchases the registered version of software from Spacial, we assume that the purchaser is satisfied with the software’s features and functionalities and therefore no refunds will be given on software purchases.
Software Payment Plans/Subscriptions
Some products offered by Spacial are offered with a payment plan for those individuals who wish to make payments on the software. By purchasing the software using the payment plan/subscription method you agree to make all payments on time as per the payment schedule. Cancellation of the payments is strictly forbidden, if you are unable to make your payment on time please contact support at least 24 hours before payment is due to make arrangements.
Licensee agrees that if Licensee does not use the trial time to test the Software, then, in the event of a defect in the Software media, Licensee’s sole and exclusive remedy will be, in Spacial’s sole option, for Spacial to replace the defective Software and thereby to terminate this License.
Limitation of Liability
Spacial shall not be liable for any direct damages to Licensee or to any other third party, whether out of contract or from tort, including loss of data, profits, business interruption, or the use or inability to use the software. Spacial shall not be liable for any other special, consequential or exemplary damages suffered by Licensee relating to the software. Spacial’s cumulative liability to Licensee shall not exceed the License fee paid by Licensee to Spacial in connection with use of the Software. This Section shall survive termination of this License Agreement.
Termination of License
The License issued in favor of Licensee will terminate automatically if the Licensee fails to comply with any provision of this License or the Licensee attempts to assign any of its rights or authorities under the License. In the event of the termination of this License, Licensee agrees to immediately erase and destroy all copies of the Software and all documentation relating to use of this Software. Following the termination of the License, any further use of the software will be an infringement of Spacial’s copyrights, as well as its other intellectual property rights.
All disputes arising under or relating to this License or the subject matter of this License shall be resolved by a court of competent jurisdiction located in Dallas County, Dallas, Texas. Exclusive venue for any resulting litigation shall be in Dallas County, Dallas, Texas