This End User License Agreement ("EULA") is a legal agreement between you ("Licensee") and Carbonated Audio ("Licensor") for the audio plugin software you are purchasing or installing, including Carbonator, De-Sipper, On Tap, Pour, Tonic, FIZZFUEL, Still, TALLBOY, and any other plugin published by Carbonated Audio (each, the "Software"). By downloading, installing, or using the Software, you agree to be bound by this EULA.
1. License grant
Carbonated Audio grants you a non-exclusive, non-transferable, worldwide license to install and use the Software for your personal or commercial audio production work, subject to the terms below.
2. Permitted use
- You may install and activate the Software on up to three (3) computers that you own or primarily control (for example, a studio desktop, a laptop, and a backup machine).
- You may use the Software to create commercial music, sound design, podcasts, video soundtracks, and any other audio work without owing royalties to Carbonated Audio.
- You may move the license between machines as your setup changes. Activations are managed by Carbonated Audio directly using your license key - no iLok account, dongle, or third-party license manager is required. To free an activation slot, email mixedbysoda@gmail.com.
3. Restrictions
You may NOT:
- Copy, distribute, resell, lease, sublicense, or give away the Software or any license key.
- Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Software, except to the extent this restriction is prohibited by applicable law.
- Remove or alter any copyright, trademark, or license notices in the Software.
- Circumvent, disable, or tamper with the license activation or any anti-piracy mechanism.
- Use the Software to build a competing product or plugin.
Violating these restrictions terminates your license immediately.
4. Ownership
The Software is licensed, not sold. Carbonated Audio retains all right, title, and interest in and to the Software, including all copyrights, trademarks, trade secrets, and other intellectual property rights. You own the media and settings you create with the Software.
5. License activation and PACE
The Software uses PACE Anti-Piracy for license activation. You may be required to activate online at least once and periodically thereafter. Usage data transmitted to PACE is governed by PACE's own privacy practices. If activation servers become unavailable long-term, Carbonated Audio will make a best-effort attempt to provide an alternate activation path.
6. Updates
Carbonated Audio may release updates, patches, or new versions of the Software. These updates are provided at our discretion and are covered by this EULA. We do not guarantee updates or continued compatibility with any specific DAW or operating system version.
7. Demo versions
Free demo versions of the Software may be available. Demos are provided for evaluation only, contain limitations (such as periodic audio muting), and may not be used in final commercial productions. All other terms of this EULA apply to demo versions.
8. Termination
This EULA is effective until terminated. It will terminate automatically if you fail to comply with any term. Upon termination, you must stop using the Software and uninstall it from all machines. Sections 4, 9, 10, and 11 survive termination.
9. No warranty
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CARBONATED AUDIO DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, UNINTERRUPTED, OR COMPATIBLE WITH YOUR SYSTEM.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARBONATED AUDIO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR AUDIO, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY UNDER THIS EULA SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE.
11. Governing law
This EULA is governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws rules. Any dispute will be resolved in the state or federal courts located in Florida.
12. Entire agreement
This EULA, together with our Terms of Service and Privacy Policy, is the entire agreement between you and Carbonated Audio regarding the Software and supersedes any prior agreements.
13. Contact
Questions about this EULA: mixedbysoda@gmail.com.