Effective Date: October 11, 2024
Mt. Mograph End User License Agreement
§ 1 Introduction
This End User License Agreement ("Agreement") is a legal contract between you ("User" or "you") and Mt. Mograph, LLC., PO Box 745, Littleton CO 80160-0745, United States ("Mt. Mograph," "we," or "us") for the use of our software products (plugins, extensions, add-ons, and/or standalone applications) including Ultimate Bundle, Motion (plugin), Boombox (plugin), Boombox Studio, Wander (plugin), SFX Packs and related services (collectively, the "Products"). By installing, accessing, or using any of the Products, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not install, access, or use the Products.
§ 2 License Grant
Subject to the terms of this Agreement, Mt. Mograph grants you a limited, non-exclusive, non-transferable license to install and use the Products for your personal or internal business purposes.
2.1Scope of Use a) Install and use the Products on the number of valid, activated, concurrent seats you purchased. b) Create and distribute derivative works ("Projects") using the Products. c) Use the Products to create Projects for yourself or for your clients.
2.2Restrictions You may not: a) Unless with written permission, sell, sublicense, or redistribute the Products themselves. b) Use the Products to create content that competes directly with Mt. Mograph's offerings. c) Reverse engineer, decompile, or disassemble the Products. d) Remove or alter any proprietary notices or marks on the Products.
§ 3 Intellectual Property Rights
Mt. Mograph retains all rights, title, and interest in and to the Products, including all intellectual property rights. This Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the Products.
§ 4 User Projects
4.1Ownership of Projects You retain all rights to any Projects you create using the Products, subject to Mt. Mograph's underlying rights in the Products.
4.2Distribution of Projects You may distribute your Projects through any media and to an unlimited audience, provided that the Products themselves are not distributed.
4.3Client Use If you create a Project for a client, you may grant that client the right to use the Project. However, you are responsible for ensuring that your client complies with the terms of this Agreement.
§ 5 Proprietary Media Restrictions
5.1SFX Packs Usage The SFX Packs provided as part of the Products contain high-quality, professionally made sounds ("Proprietary Media"). Your use of this Proprietary Media is subject to the following restrictions: a) You may use the Proprietary Media in Projects created while you have an active subscription. b) You may continue to use, edit, and distribute Projects containing Proprietary Media after your subscription ends, provided those Projects were created during your active subscription period. c) You may not use Proprietary Media in new Projects created after your subscription has ended. d) You may not extract, isolate, or use the Proprietary Media independently of the Products or your Projects.
The full details of the “SFX Packs Usage” are defined under “Royalty-Free SFX Library” located here: https://mtmograph.com/pages/legal
5.2Content Extraction You are prohibited from extracting any content from the Products, including but not limited to the Proprietary Media, that is not intended to be used as standalone content. Any attempt to extract such content through reverse engineering or other means is strictly forbidden.
§ 6 Subscription and Updates
6.1Subscription Terms If you have purchased a subscription-based license, your right to use the Products is limited to the subscription period. You may continue to use and distribute Projects created during your subscription after it expires, but you may not use the Products to create new Projects.
6.2Updates Mt. Mograph may provide updates or upgrades to the Products. These updates may be automatic and mandatory to ensure proper functioning and security of the Products.
§ 7 Support and Maintenance
Mt. Mograph will use commercially reasonable efforts to provide support for the Products. However, we are not obligated to provide support, including upgrades or future versions of the Products, unless separately agreed in writing.
§ 8 Confidentiality
8.1Confidential Information You acknowledge that the Products, their underlying technology, and any related documentation provided to you constitute confidential and proprietary information of Mt. Mograph ("Confidential Information").
8.2Non-Disclosure You agree not to disclose such Confidential Information to any third party without Mt. Mograph's prior written consent. This obligation shall survive the termination of this Agreement.
8.3Exceptions The confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of yours; (b) was rightfully known to you before receipt from Mt. Mograph; (c) is rightfully received by you from a third party without a duty of confidentiality; or (d) is independently developed by you without breach of this Agreement.
§ 9 Audit Rights
9.1Usage Data Collection Mt. Mograph reserves the right to collect and analyze data relating to your use of the Products, including but not limited to feature usage, performance metrics, and error logs. This data will be used to improve the Products and user experience.
9.2Audit Mt. Mograph may, upon reasonable notice and at its expense, audit your use of the Products to ensure compliance with this Agreement. Such audits will be conducted during regular business hours and in a manner that does not unreasonably interfere with your normal business operations.
§ 10 Download Feedback
When downloaded and installed onto your computer, the Products may automatically send information to Mt. Mograph relating to the download and install process. This information helps us improve our products and services and does not contain any personal data.
§ 11 Privacy and Data Collection
We respect your privacy and are committed to protecting your personal data. Our collection and use of personal data in connection with your use of the Products are governed by our Privacy Policy, available at https://mtmograph.com/policies/privacy-policy.
§ 12 Disclaimer of Warranties
THE PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MT. MOGRAPH DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
§ 13 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MT. MOGRAPH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM (A) YOUR USE OR INABILITY TO USE THE PRODUCTS; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN.
§ 14 Indemnification
You agree to indemnify, defend, and hold harmless Mt. Mograph from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Products or your violation of this Agreement.
§ 15 Term and Termination
This Agreement is effective until terminated. Mt. Mograph may terminate this Agreement at any time if you fail to comply with any term hereof. Upon termination, you must cease all use of the Products and uninstall all copies, full or partial, of the Products.
§ 16 Export Compliance
You must comply with all domestic and international export laws and regulations that apply to the Products.
§ 17 Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the United States of America and the State of Colorado, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Products shall be instituted exclusively in the federal courts of the Eighteenth Judicial District of Colorado and the state courts located in Arapahoe County, Colorado.
§ 18 Changes to this Agreement
We reserve the right to modify this Agreement at any time. We will notify you of any changes by posting the new Agreement on our website and updating the "Effective Date" at the top of this Agreement. Your continued use of the Products after any such changes constitutes your acceptance of the new Agreement.
§ 19 Miscellaneous
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
By using the Products, you acknowledge that you have read this Agreement, understood it, and agree to be bound by its terms and conditions.
For any questions about this Agreement, please contact us at support@mtmograph.com.
