End User License Agreement
1. Acceptance
This End User License Agreement ("Agreement") is a legally binding contract between you ("you", "your", or "Licensee") and Mixing Pro AI, LLC, a Georgia limited liability company ("Mixing Pro AI", "we", "us", or "our"), governing your use of the Thrive audio plugin software, including any demo versions, updates, documentation, presets, and related materials (collectively, the "Software").
By installing, copying, activating, or using the Software, you agree to be bound by this Agreement. If you do not agree to these terms, do not install or use the Software.
2. Definitions
- "License" means the non-exclusive, non-transferable (except as expressly permitted in Section 7) right to use the Software granted in Section 3.
- "License Key" means the credential issued by Mixing Pro AI that activates the Software on your computer(s).
- "Authorized Machine" means a computer on which the Software has been activated using your License Key, up to the maximum permitted by Section 3.2.
- "Major Version" means a release whose first version number changes (e.g., 1.x to 2.0). "Minor Version" means any other release.
- "Demo Version" means a freely distributed, feature- or time-limited version of the Software used for evaluation prior to purchase.
3. License Grant
3.1 Grant
Subject to your compliance with this Agreement and payment of the applicable license fee, Mixing Pro AI grants you a perpetual, non-exclusive, non-transferable (except as permitted in Section 7) license to install and use the Software for your personal or internal business purposes.
3.2 Authorized Machines
This License is granted to you personally as an individual. A single License permits activation on up to two (2) Authorized Machines that you own or control (for example, a studio desktop and a laptop). The Software may not be used by other individuals on either Authorized Machine; the two-machine allowance exists so that a single user can move between workstations, not so that a License can be shared.
If you need to activate the Software on a replacement machine (e.g., a computer is sold, replaced, or fails), you may deactivate one Authorized Machine and activate a new one. Contact support@mixingproai.com if you are unable to deactivate a machine you no longer have access to.
3.3 Updates
This License entitles you to all Minor Version updates within the same Major Version at no additional cost. Major Version upgrades may require a paid upgrade fee, which Mixing Pro AI will disclose at the time of any new Major Version release.
3.4 Demo Version
The Demo Version is a fully functional version of the Software that operates without restriction for fourteen (14) days from first launch on a given computer. After the 14-day evaluation period expires, the Demo Version will cease to load; you may continue to use the Software by purchasing a License at mixingproai.com.
The Demo Version is provided free of charge, "AS IS", and is intended for personal evaluation of the Software. It is not eligible for support beyond installation assistance, and is not licensed for commercial production work.
4. Permitted Uses
You may:
- Install the Software on up to two (2) Authorized Machines as described in Section 3.2
- Use the Software in commercial or non-commercial audio production, including productions you sell or distribute commercially
- Make a reasonable number of backup copies of the Software's installer for your own archival use
- Create, save, share, and sell presets and processing chains created with the Software
5. Restrictions
You may not, and may not permit any third party to:
- Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Software, except to the limited extent that applicable law expressly prohibits this restriction
- Modify, adapt, translate, or create derivative works of the Software
- Distribute, sell, sublicense, rent, lease, lend, or commercially exploit the Software or any License Key, except through the transfer mechanism in Section 7
- Circumvent or attempt to circumvent any license-enforcement, activation, or anti-piracy mechanism in the Software
- Use the Software in any way that violates applicable law, including intellectual-property law, export-control law, or sanctions law
- Remove, alter, or obscure any copyright, trademark, or proprietary notice in or on the Software
6. Refunds and Demo Policy
Mixing Pro AI offers a fully functional Demo Version of the Software so that you may evaluate it before purchasing.
If you experience a technical defect that prevents the Software from running on a supported system configuration and Mixing Pro AI is unable to resolve the issue within a reasonable time, Mixing Pro AI may, at its sole discretion, offer a refund or store credit.
7. License Transfer
You may transfer your License to another individual or entity, subject to the following conditions:
- The transfer must be initiated through Mixing Pro AI's official transfer process by contacting support@mixingproai.com.
- A non-refundable license-transfer administration fee of USD $30 applies, payable to Mixing Pro AI before the transfer is processed.
- Both you (the transferor) and the recipient (the transferee) must agree in writing (email is sufficient) to the transfer.
- Upon transfer, you must uninstall the Software from all Authorized Machines and cease any further use of the License. The recipient becomes the new Licensee.
- Each License may be transferred no more than once per 12-month period, to discourage commercial resale.
8. Intellectual Property
The Software is the intellectual property of Mixing Pro AI and its licensors and is protected by copyright, trademark, and other intellectual-property laws of the United States and other countries. This Agreement grants you a license to use the Software; it does not transfer any ownership interest.
"Thrive™" and "Mixing Pro AI™" are trademarks of Mixing Pro AI, LLC, pending federal registration with the United States Patent and Trademark Office.
Audio you produce using the Software belongs entirely to you. Mixing Pro AI claims no ownership interest in your audio output, presets, or projects.
9. Warranty Disclaimer
Some jurisdictions do not allow the exclusion of certain implied warranties; in those jurisdictions, this disclaimer applies to the maximum extent permitted by law.
10. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Mixing Pro AI, its officers, members, employees, or licensors be liable to you for any indirect, incidental, special, consequential, or exemplary damages, even if Mixing Pro AI has been advised of the possibility of such damages.
Mixing Pro AI's total cumulative liability arising out of or relating to this Agreement or the Software, regardless of legal theory, shall not exceed the amount you actually paid to Mixing Pro AI for the License in the twelve (12) months preceding the event giving rise to the claim.
You are responsible for backing up your work. Mixing Pro AI is not responsible for any audio data, recordings, or session files that may be lost or corrupted in connection with use of the Software.
11. Termination
This Agreement is effective until terminated. It will terminate automatically without notice if you fail to comply with any provision of this Agreement. Upon termination, you must immediately cease all use of the Software, uninstall it from all Authorized Machines, and destroy any copies in your possession.
12. Governing Law and Disputes
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, United States of America, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Any dispute arising out of or in connection with this Agreement shall be brought exclusively in the state or federal courts located in the State of Georgia, and you consent to the personal jurisdiction of those courts.
Nothing in this Section limits your statutory consumer-protection rights in your country of residence to the extent such rights cannot be waived by contract.
13. General
13.1 Entire Agreement
This Agreement constitutes the entire agreement between you and Mixing Pro AI regarding the Software.
13.2 Modifications
Mixing Pro AI may modify this Agreement from time to time. The current version will be available at mixingproai.com/eula.
13.3 Severability
If any provision of this Agreement is held to be unenforceable, the remaining provisions shall remain in full force and effect.
13.4 Privacy
Your privacy is important to us. The Software's data practices and our website's privacy practices are described in our Privacy Policy.
14. Contact
Questions about this Agreement should be directed to:
Mixing Pro AI, LLC
Email: support@mixingproai.com
Website: mixingproai.com