Blue Cat Audio Terms And Conditions

The following terms and conditions (“Terms and Conditions”) will apply to the usage of this website (”Website”) or any of its contents, freeware, demo software, commercial software, free skins etc.

Legal Information

Provider: Blue Cat Audio SARL
Paris Trade Register No. 535 112 262
Headquarters: 231, rue Saint Honoré, 75001 Paris, FRANCE.
Phone: +33 6 83 01 96 80

Eligibility

The Website, any of its contents and software are intended solely for persons who are 18 or older. Any access to or use of the Website by anyone under 18 is expressly prohibited.

Access and Use of the Website

You agree that when using the Website, you will not:

  • distribute via any media any part of the Website;
  • publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, pornographic, harmful, confidential, libelous, hateful, racist, threatening or otherwise illegal or offensive material or information or anything which might constitute a criminal or civil offense;
  • upload files that contain software or other material which are the intellectual property rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents;
  • upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Website or any other computer;
  • create multiple logins;
  • impersonate others;
  • promote any activity that is illegal; or
  • use software to harvest information from the Website.

You agree to comply with all reasonable instructions that we may give you regarding the use of the Website. You are responsible for obtaining (at your own cost) all necessary equipment and telecommunication services required to access the Website and purchase the Products.

You are also responsible for ensuring that no person uses your equipment to access the Website without your permission. Blue Cat Audio will be entitled to assume that anyone who accesses the Website using your equipment and your personal information has your permission to do so and you will be responsible for any charges, costs or liabilities that may be incurred by any such persons.

Copyright Notice

The content of this Website and each and any of its elements, whether or not protected by author’s rights, copyrights or any other property rights, by French Law and any other applicable laws, remain the sole and exclusive property of Blue Cat Audio.

Any reproduction, extraction, display, modification, adaptation or use of the information contained on this Website (including freeware and demo software) without the explicit authorization of Blue Cat Audio is strictly prohibited and liable to prosecution.

The trademarks, trade names, logos and other distinctive signs of Blue Cat Audio are protected by French legislation. Any unauthorized use or reproduction is prohibited and liable to prosecution.

End User License on the Website

Blue Cat Audio grants you a limited, non-exclusive, non-transferable license, to access and view any Blue Cat Audio’s contents on the Website.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any contents of the Website, except as expressly permitted in these Terms and Conditions.

End User License on the Products

By downloading and using Blue Cat Audio’s software provided on this Website, you expressly agree to the terms of the following license granted by Blue Cat Audio to the software. The software and any of its supporting documentation and associated contents are herein after referred to as the “Product”.

If you do not agree with the terms and conditions of this license, please remove the Product from your computer and destroy any associated documentation. Any unauthorized use of the Product is strictly prohibited and subject to prosecution.

When purchasing a Product, you are granted a personal license to use the Product on one or several machines, as long as you remain the sole user of the Product. This license is non-exclusive and non-transferable and is granted for the duration of protection of the Product and worldwide.

You are not allowed to lend, loan, lease, rent, sell or distribute the Product (or copies) in any form. Blue Cat Audio will retain all rights, titles and interests (including, without limitation, all intellectual property rights) to the Product, software, components, static libraries, documentations and directory structures. Intellectual property rights (“Intellectual Property Rights”) mean any patent, software, copyright, trade or service mark, trade name, database right, goodwill, logo, trade secret right, know-how, or any other intellectual property rights or proprietary information rights, in each case whether registered or unregistered, and whether arising in any jurisdiction, including without limitation all rights of registrations, applications, and renewals thereof and causes of action for infringement or misappropriation related to any of the foregoing.

You are also expressly forbidden from making alterations or modifications to, merge, adapt, de-compile, disassemble, reverse engineer the Product without the expressed written permission from Blue Cat Audio. You are expressly forbidden from redistributing or re-selling any part of the Product without the expressed written permission from Blue Cat Audio.

Any reproduction, extraction, display, modification, adaptation or use of the information and components contained in the Product is strictly prohibited and liable to prosecution.

Blue Cat Audio warrants that the Product, including any updates or version is not a violation of Intellectual Property Rights or other rights belonging to third party.

Notwithstanding the foregoing, Blue Cat Audio shall not be liable for claims related to unauthorized or negligent use and/or alteration of the Product by you.

Evaluation License

As part of our service, Blue Cat Audio provides demo versions of the Product exclusively for evaluation purposes. You must not use those versions for any commercial purpose. By downloading and installing those demo versions, you agree to the provisions of those Terms and Conditions.

When downloading a demo version of the Product, you are granted a personal license to use it for evaluation purposes. This license is non-exclusive and non-transferable. You are not allowed to lend, loan, lease, rent, sell or distribute the demo version of the Product in any form.

Limited Warranties

Except as expressly provided in these Terms and Conditions and to the maximum extent permitted by applicable law, the Website and all contents, materials and information provided through it are provided on an "as is" basis without guarantee of any kind and any conditions, statements and warranties.

Without limiting the foregoing, Blue Cat Audio cannot guarantee and does not promise that the Website and all materials and information provided through it will meet your requirements.

Therefore Blue Cat Audio advises you to check any materials or information provided to you through the Website as any reliance that you place on the accuracy, completeness, currency or reliability of that information is at your own risk.

With respect to the Products, Blue Cat Audio warrants that (i) the Product will conform in all material respects to the applicable description set forth on the Website; (ii) the Product does not contain any code or other device that would (a) permit access or use by third parties, or (b) have the effect of disabling, damaging, erasing, delaying or otherwise shutting down all or any portion of the Product; and (iii) Blue Cat Audio is the owner of the Product.

You expressly acknowledge that the use of the Product may not be uninterrupted or error-free. As the exclusive remedy of Blue Cat Audio under the limited warranties set forth in this article, for any error or other defect for which Blue Cat Audio is solely responsible, Blue Cat Audio shall, at its option, either (i) correct or repair the Product, or (ii) accept termination of this Terms and Conditions and refund the unused balance of any payment for the Product prorated for the period commencing on the date the error or defect was reported to Blue Cat Audio.

None of the above warranties or remedies will apply with respect to the Product that has been damaged or modified by you or any third party, or used in a manner for which the Product is not designed or intended.

To the maximum permitted by applicable law, the Licensor’s express warranties contained in this article are in lieu of all other warranties, express or implied, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose, or any warranty arising from usage of trade or course of performance.

Limitations of Liability

Nothing in these Terms and Conditions limits or excludes Blue Cat Audio’s liability for: (a) death or personal injury caused by its negligence; (b) any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by Blue Cat Audio to you; or (c) any other liability which may not by law be limited or excluded.

To the maximum extent permitted by applicable law, in no event shall Blue Cat Audio be liable for loss of profits or other incidental or consequential, lost revenue, lost business opportunities, loss of data, interruption of business, or any other direct, indirect, special, exemplary or punitive damages under any circumstances whatsoever, even if Blue Cat Audio had been advised of the possibility of such damages or if they were otherwise foreseeable.

Due to the inherent risks of using the Internet, Blue Cat Audio cannot be liable for any damage to, or viruses that may infect your computer equipment or any other property when you are using or browsing the Website. The downloading or other acquisition of any materials or information through the Website is done at your own discretion and risk and with your consent that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such materials, except in case of direct fault committed by Blue Cat Audio.

You remain also liable for the selection of the Product(s) necessary to achieve the intended results.

Payment

Prices for Products will be those specified on the Website, less any applicable discount at the time of acceptance of the purchase order by Blue Cat Audio. Blue Cat Audio may modify the price of the Product at any time. However, the price paid by you will be the price provided in your purchase order before acceptance by Blue Cat Audio.

The payment will be made through PayPal. In case of refusal of the payment, your access to the Product will be denied. Once the payment is validated by Blue Cat Audio, you will receive confirmation of the payment by email with a link to download the purchased Product and an activation code.

Links to Third Parties’ websites

The www.bluecataudio.com Website may contain links to external websites. The linked sites are not under the control of Blue Cat Audio, and Blue Cat Audio is not responsible for the content of these linked sites. These links are provided to you for convenience purposes and do not mean any endorsement by Blue Cat Audio of these websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources, products or services on or available from such websites or resources.

Uploaded contents

Blue Cat Audio provides contents on this Website that may have been uploaded by customers or third party companies. Blue Cat Audio is not responsible for this content which remains the sole responsibility of its creator.

By uploading or sending content to Blue Cat Audio, you fully agree to these terms and accept that this content may be made available on www.bluecataudio.com. You also agree that you are responsible for this content and the owner of any rights on this content.

No compensation will be paid with respect to the use of submitted contents. Blue Cat Audio is under no obligation to post or use any content you may provide, and Blue Cat Audio may remove any content at any time in its sole discretion, without notice.

Cancellation right

With respect to the purchase of the Products on the Website, when you are acting as a consumer as defined by French Consumer Law, you benefit from a right of cancellation of your order in a seven-days’ time period as from the validation of your order.

However, with respect to the purchase of the Products, this cancellation right will not apply to you as the purchase of the Product will generate the immediate possibility to download and activate the Product.

Termination

Blue Cat Audio may remove the Website or cease the provision of any of the services and the Products, at any time in its sole discretion for any reason whatsoever. However, you will be informed of such operations directly on the website or by email, in a reasonable time period.

Changes to the Terms and Conditions

Blue Cat Audio reserves the right to change these Terms and Conditions at any time and at its sole discretion. Blue Cat Audio will inform you of any intended change of these Terms and Conditions and provide you with the planned new version of these Terms and Conditions explaining the intended changes by (i) a warning on the website or ii) by email. If you do not express your disagreement with the respective changes within a time period of four weeks as from the notification, you are deemed to have approved the changes of these Terms and Conditions. If you disagree with the respective changes, these Terms and Conditions will be terminated and Blue Cat Audio will delete your access to the Website.

Applicable Law

Those Terms and Conditions are governed by French Law.

Privacy Policy

Please refer to the Privacy Policy available on the website.

If you have questions about the terms and conditions on www.bluecataudio.com, please contact us.