Sygyt Software License Terms

This is a legal agreement between you (either an individual or an entity) and Sygyt Software UG (haftungsbeschränkt), Am Langen Seil 113, 44799 Bochum, Germany ("Sygyt Software", "we"), concerning the software application "VoceVista" in all its editions, currently VoceVista Basic, VoceVista Video and VoceVista Pro, including earlier versions distributed under the names "Overtone Analyzer" and "VoceVista Video Pro", together with its documentation and any updates we provide (henceforth "the Software"). By installing, activating or using the Software, you agree to be bound by the terms of this agreement. If you do not agree, do not install or use the Software.

Licenses are sold through our reseller FastSpring. The purchase itself, including payment, invoicing, taxes and any statutory right of withdrawal, is governed by FastSpring's terms of sale. This agreement governs your use of the Software.

1. Trial Use

You may use the Software free of charge for 30 days from the day it is first started on a computer, to evaluate it before buying a license. The trial is licensed for evaluation only. It may not be used for commercial, business, professional or academic work, and its output, such as recordings, analyses, exported images and videos, may not be used for anything other than evaluating the Software. After the trial period an activation code is required to continue using the Software.

2. Grant of License

When you have acquired a license, we grant you the non-exclusive right to install and use the Software in the licensed edition under the terms of this agreement. The license is not limited in time. Which versions of the Software it covers is set out in section 4. Licenses are available as single-user and as multi-user licenses.

A single-user license allows one person to activate and use the Software on up to two of their own computers, for example a desktop computer and a laptop, also one with Windows and one with macOS. A computer that several people use one at a time needs one single-user license for that computer.

A multi-user license covers the number of seats stated in your order. A seat is one computer on which the Software is activated, and that computer may be used by several people one at a time. People who use the Software at the same time each need their own seat. You may not use more seats than your license allows. Seats can be moved to other computers as described in section 3.

Virtual machines, remote desktops and terminal-server sessions count as computers. Where the Software is deployed through virtualization, remote desktop or application streaming, the seat rules apply in the same way, regardless of how many activations such a deployment technically uses.

3. Activation and License Verification

The Software is activated with the activation code that we send you by email after your purchase. Activation and the periodic license verification that follows normally require an internet connection. During activation and verification the Software transmits your activation code, technical identifiers of the computer, the software version and the date and time to our license server. Our privacy policy describes this processing.

The number of activations is limited to the number of computers your license allows. To move the Software to another computer, revoke the activation on the computer you no longer use, with the license management functions in the Software or on your license page.

You may not share your activation code with anyone who is not covered by your license, and you may not circumvent, disable or tamper with the activation or license verification.

4. Updates and Renewals

Your license covers all updates and new versions of the licensed edition that we release within 12 months of your purchase (the update period). You may install and use the versions covered by your license for as long as you like. The license does not expire when the update period ends.

Versions released after the end of your update period require a license renewal. A license renewal adds 12 months of updates, to the end of your current update period if it is still running, otherwise from the date of the renewal. Renewal prices are shown on our order page.

5. Copyright and Third-Party Components

The Software is owned by Sygyt Software and is protected by copyright laws and international treaties. It is licensed, not sold. All rights not expressly granted in this agreement remain with us. You may not remove or alter copyright notices or license information in the Software.

The Software contains third-party components, some of them under open-source licenses such as the GNU Lesser General Public License (LGPL). They are listed in the About dialog of the Software together with their license terms, which take precedence over this agreement for the components they cover. For the LGPL libraries those terms include the right to obtain their source code and to replace them.

6. Your Output and Screenshots

The recordings, analyses, exports and other files you create with the Software are yours. We claim no rights in them. For the trial, section 1 limits their use. You may also publish screenshots and screen recordings of the Software, for example in publications, teaching materials, videos and posts, as long as you do not misrepresent the Software, suggest an endorsement or association with us that does not exist, or present the Software as your own.

7. Restrictions

You may not distribute, sell, rent, loan, sublicense or lease the Software or your activation code, and you may not make the Software available to anyone who is not covered by your license. You may pass on the unmodified installer for trial use.

You may not modify, decompile, disassemble or reverse engineer the Software, except to the extent that mandatory law allows this, in particular Sections 69d and 69e of the German Copyright Act (backup copy, observing the program, decompilation for interoperability).

8. Transfer of License

You may transfer your license permanently to another person or entity, as a whole, provided that you transfer the activation code and all accompanying materials, revoke your own activations and retain no copies, the recipient agrees to this agreement, and you inform us by email so that we can record the new licensee.

9. Warranty

We warrant that the Software performs substantially in accordance with its documentation. If it does not, we will, at our choice, correct the defect, provide a corrected version or show you a reasonable workaround.

Minor deviations that do not impair the use of the Software are not defects, nor are failures that result from hardware, drivers or operating system versions outside the published system requirements, from modifications you have made, or from use contrary to the documentation.

Your statutory rights in the event of defects remain unaffected.

10. Liability

We are liable without limitation for damage caused intentionally or by gross negligence, for injury to life, body or health, under the German Product Liability Act, for defects we have fraudulently concealed, and under any guarantee we have expressly given.

In all other cases we are liable for ordinary negligence only if we breach an essential contractual obligation, that is, an obligation whose fulfilment is a precondition for the proper performance of this agreement and on which you may regularly rely. In that case our liability is limited to the damage that is foreseeable and typical for this type of agreement. Any further liability is excluded.

You are responsible for backing up your data regularly, in particular your recordings and projects.

Where we provide the Software free of charge, for example as a trial, we are liable only for intent, gross negligence and injury to life, body or health.

These limitations also apply in favour of our employees, representatives and agents.

11. Termination

We may terminate this agreement with immediate effect if you breach it in a material way, for example by sharing your activation code or circumventing the license verification, and do not remedy the breach within 14 days of our notice, or if the breach cannot be remedied. Statutory termination rights remain unaffected.

On termination you must stop using the Software and delete all copies and activation codes. You may end this agreement at any time by deleting all copies of the Software.

12. Governing Law and Venue

This agreement is governed by the law of the Federal Republic of Germany, excluding the United Nations 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 in which you habitually reside.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the courts of Bochum, Germany, have exclusive jurisdiction over all disputes arising from this agreement.

13. Final Provisions

Should a provision of this agreement be or become invalid, the remaining provisions remain in force.

The version of these terms in force when you acquire a license or a renewal applies to that license. Earlier licenses remain subject to the terms that applied when they were acquired. The current version is always published at www.vocevista.com/en/license/.

This agreement exists in an English and a German version. Both are authoritative, and the version in which you accepted the agreement applies to you. Versions in other languages are translations provided for your convenience only. If a translation differs from the English version, the English version prevails.

Questions about licensing: info@sygyt.com.