Using EEQ-8
Terms of Sale and Licence
EEQ-8 is sold through Lemon Squeezy, which acts as the merchant of record. Lemon Squeezy is the seller for your purchase — the order, payment, invoice and any refund are handled under their terms. This page governs only what you may do with the software: the licence between you and NEVER FOUND.
Sections 1 to 10 are about the paid product. NEVER FOUND’s free plug-ins are covered by section 11, which says which of these terms apply to them.
A German version of these terms exists and, for consumers resident in the EU, is the version that applies. This English text is provided so buyers elsewhere can read the same terms in plain English.
1. Who you are dealing with
EEQ-8 is developed and licensed by Maksym Wieslaw, trading as NEVER FOUND, Brookstraße 2a, 49685 Höltinghausen, Germany. Contact: [email protected].
Your contract of sale is with Lemon Squeezy, not with NEVER FOUND. Your licence to use the software is with NEVER FOUND, on the terms below.
2. The licence you get
NEVER FOUND grants you a perpetual, non-exclusive licence to use EEQ-8 for its intended purpose. One licence activates the software on one machine at a time. You may move the active machine as often as you need — contact support and it will be switched over.
You may use EEQ-8 on commercial work, including music you sell, without paying anything further. There are no royalties and no per-project fees.
3. What you may not do
You may not rent or lend the software, share your licence key so that more than one person can use it at the same time, or attempt to defeat the licence check. You may not reverse engineer, decompile or disassemble the software except to the extent applicable law expressly permits despite this restriction.
You may transfer your licence permanently to someone else where the law allows it. If you do, delete every copy you hold and tell us, so the licence can be reassigned.
4. Licence check
EEQ-8 verifies its licence over the internet roughly every 45 days. Between those checks it runs fully offline. What is transmitted is described in the Privacy Policy.
5. Updates
Updates are included in the purchase price and are provided at no extra charge. That covers all versions of EEQ-8, including major version changes. There is no upgrade fee and no paid “Pro” edition.
6. System requirements, and no trial
EEQ-8 is currently offered only as a 64-bit VST3 plug-in for Windows 10 or newer. There is no macOS version, and there is currently no trial version. Please check before buying that your system meets these requirements and that your host application loads 64-bit VST3 plug-ins.
7. Disclaimer of warranties
The software is developed carefully and to the current state of the art, but it is provided “as is”. To the fullest extent permitted by applicable law, NEVER FOUND disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No warranty is given that the software will run without fault in every possible combination of hardware, operating system and host application.
Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you. Nothing here limits a right you hold that cannot be waived under the law of your place of residence.
8. Limitation of liability
To the fullest extent permitted by applicable law, NEVER FOUND is not liable for indirect, incidental, special or consequential damages, or for lost profits, lost recordings or lost data, arising from your use of or inability to use the software. Where liability cannot be excluded, it is limited to the amount you paid for the licence.
Nothing in this section limits liability for intent, gross negligence, injury to life, body or health, or any other liability that cannot lawfully be limited. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation may not apply to you.
Keeping backups of your own projects and data remains your responsibility.
9. Refunds
Refunds are handled by Lemon Squeezy as the seller. What applies to you depends on where you live, and is set out in the Refund Policy.
10. Governing law
These licence terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
If you are a consumer, this choice of law does not deprive you of the protection of mandatory provisions of the law of the country where you habitually reside. For buyers in the United States, your state’s non-waivable consumer protections continue to apply regardless of this clause.
11. Free plug-ins
NEVER FOUND also gives away plug-ins at no charge — currently VT-Mini. Nothing is bought, so there is no order, no invoice and nothing to refund, and Lemon Squeezy is not involved. They are obtained by confirming an email address on the newsletter, and the download link is emailed to you. A working address is required: signups from disposable-mail providers are refused, because the plug-in is given in exchange for joining the list, and a throwaway address is not that exchange.
You get a perpetual, non-exclusive licence to use them for their intended purpose, on as many of your own machines as you like, including on commercial work you sell. There are no royalties and no per-project fees. There is no licence key and no licence check.
What you may not do: redistribute them, host the installer anywhere else, or include them in anything you sell or give away. Send people to neverfoundaudio.com instead — that is where the current version always is, and where the published checksums are. The restrictions on reverse engineering in section 3 apply.
Sections 7 and 8 apply in full. A free plug-in is provided “as is” with no warranty, and the liability limits in section 8 apply to it as they do to the paid product. Sections 10 and 12 also apply.
A free plug-in may be withdrawn or discontinued at any time. That does not affect a copy you already hold, which stays yours to use.
12. If part of this is unenforceable
If any provision of these terms is or becomes invalid, the remaining provisions stay in force.