End-User License Agreement
01Important Notice; Acceptance; Order of Precedence
IMPORTANT - READ CAREFULLY. THIS END-USER LICENSE AGREEMENT CONTAINS WARRANTY DISCLAIMERS, AUDIO AND HEALTH SAFETY WARNINGS, ASSUMPTION OF RISK, LIMITATIONS OF LIABILITY, LICENSE RESTRICTIONS, INDEMNITY OBLIGATIONS, CLASS-ACTION WAIVER, AND JURY-TRIAL WAIVER. This End-User License Agreement (this "EULA") is a legally binding agreement between Cipher Audio LLC, a Florida limited liability company ("Cipher," "Licensor," "we," "us," or "our"), and the individual or legal entity that downloads, installs, activates, accesses, or uses Obelisk or related software ("Licensee," "you," or "your"). By clicking acceptance, completing a purchase, downloading, installing, activating, copying, accessing, or using the Software, you accept this EULA. If you do not agree, do not purchase, download, install, activate, access, or use the Software. If you accept this EULA for a company or other legal entity, you represent and warrant that you have authority to bind that entity. If you do not have that authority, you are personally responsible for compliance and for all use associated with the License Key. If terms conflict, the following order controls: (1) a written agreement signed by Cipher; (2) this EULA as to the Software; (3) the Terms of Service as to website, checkout, payments, refunds, support, promotions, and services; (4) the Privacy Policy as to personal information; and (5) Documentation. Purchase orders, vendor terms, marketplace terms, invoices, or customer- supplied terms are rejected and have no effect unless signed by Cipher.
02Definitions
"Software" means Obelisk and related software components supplied by Cipher, including VST3 and AU plug-in builds, installers, activation components, license-management components, update-check components, factory presets, factory content, user-interface elements, documentation, updates, patches, modified versions, and related files, whether provided now or later. "Software" excludes Third-Party Components except to the extent bundled in executable form. "Output" means audio, MIDI, automation data, rendered files, recordings, stems, performances, mixes, and other content generated by you through ordinary authorized use of the Software. "License Key" means a code, token, credential, entitlement, account record, or authorization used to activate or verify a license. "Machine" means a physical or virtual computing device, host environment, or installation target identified by Cipher activation systems. "Documentation" means manuals, release notes, product pages, safety notices, support articles, and technical materials supplied by Cipher. "Third-Party Components" means software, SDKs, frameworks, libraries, APIs, open-source components, operating systems, DAWs, plug-in hosts, stores, payment processors, and platform technologies supplied by third parties.
03License Grant; Output Ownership
Subject to payment of all applicable fees and continuing compliance with this EULA, Cipher grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to install and use the Software on up to two (2) Machines owned or controlled by you, solely for lawful music, audio, and sound-design production in compatible host applications on Windows, subject to posted system requirements (macOS support is planned for a future release). Your permitted use includes personal, professional, educational, and commercial audio production. Cipher claims no ownership of Output created by you through ordinary authorized use of the Software. You may use, reproduce, distribute, perform, display, synchronize, license, monetize, and otherwise exploit Output royalty-free and without attribution to Cipher, provided that Output does not include separately extracted factory presets, samples, artwork, documentation, code, or other protected Software assets outside an ordinary audio production. All rights not expressly granted are reserved. No implied licenses are granted by estoppel, exhaustion, waiver, course of dealing, industry custom, or otherwise.
04Perpetual License Does Not Mean Lifetime Updates
Unless the purchase page expressly states otherwise, a perpetual license means the right to use the licensed version of the Software under this EULA. It does not include any right to free future upgrades, new major versions, new products, expansion packs, support, cloud services, compatibility updates, feature updates, or continued availability of online services.
Cipher may provide free or paid updates, maintenance releases, compatibility releases, upgrade paths, expansion packs, preset packs, or new versions at its discretion. Cipher currently expects expansion packs may be sold separately. Older installers and prior versions are not guaranteed to remain available.
05Restrictions
You must not, and must not authorize, assist, or enable any third party to:
- copy the Software except as expressly permitted for installation and backup;
- sell, resell, rent, lease, lend, sublicense, distribute, host, publish, disclose, share, transfer, or make available the Software, License Key, activation token, installer, factory assets, or proprietary content;
- share one license among multiple users or operate the Software as a service bureau, hosted service, SaaS, cloud- rendering service, automated generation service, dataset-generation service, public kiosk, or timesharing platform without Cipher written consent;
- circumvent, disable, spoof, tamper with, overload, or interfere with activation, licensing, update, security, telemetry, anti- piracy, anti-fraud, or entitlement mechanisms;
- reverse engineer, decompile, disassemble, decrypt, modify, translate, adapt, extract, or create derivative works of the Software, except only to the extent a restriction is prohibited by applicable law and only after legally required notice and an opportunity for Cipher to supply lawful interoperability information;
- use the Software, factory presets, internal behavior, screenshots, DSP, or output patterns to train, evaluate, fine-tune, clone, or develop a competing audio plug-in, synthesizer, effects processor, preset library, sample library, model, or audio product;
- use the Software to generate, test, deliver, or control medical, therapeutic, psychiatric, neurological, subliminal, biometric, brainwave, hypnosis, sleep, pain, sensory-deprivation, hearing-test, emergency, safety-critical, life-critical, aviation, nuclear, weapons, navigation, military, or high-risk systems;
- use the Software in any manner likely to cause hearing damage, bodily injury, death, property damage, legal violation, harassment, public nuisance, or infringement;
- remove, obscure, or alter proprietary notices; or make misleading benchmark, compatibility, safety, medical, therapeutic, endorsement, affiliation, or performance claims.
06Audio Safety; Hearing, Health, and High-Risk Use Warning; Assumption of Risk
THE SOFTWARE CAN GENERATE, PROCESS, MODULATE, AMPLIFY, ROUTE, OR TRIGGER AUDIO, INCLUDING LOUD, SUDDEN, DISTORTED, CLIPPED, HIGH-GAIN, LOW-FREQUENCY, HIGH-FREQUENCY, ULTRASONIC, INFRASONIC, REPETITIVE, RESONANT, FEEDBACK-LIKE, STARTLING, UNPREDICTABLE, OR OTHERWISE INTENSE AUDIO OUTPUT. USE LOW MONITORING LEVELS, LIMITERS WHERE APPROPRIATE, SAFE GAIN-STAGING, AND CAUTION WITH HEADPHONES, SPEAKERS, LIVE SYSTEMS, AND PUBLIC PLAYBACK. You are solely responsible for safe monitoring levels, gain staging, limiters, volume calibration, speaker/headphone selection, DAW routing, MIDI/automation control, backup muting, supervision of listeners, and testing of presets, settings, automation, randomization, and host behavior before live performance, broadcast, client delivery, commercial release, public playback, or high-volume use. To the maximum extent permitted by law, you knowingly and voluntarily assume all risks arising from audio exposure, including temporary or permanent hearing loss, tinnitus, acoustic shock, ear pain, dizziness, nausea, headache, disorientation, panic, anxiety, psychological distress, psychiatric symptoms, neurological symptoms, seizure-like events, photosensitivity or motion sensitivity triggered by visual elements if any, startle responses, bodily injury, death, speaker damage, equipment damage, property damage, project loss, or other harm arising from use, misuse, unsafe settings, host routing, third-party equipment, or failure to follow safety precautions. The Software is not a medical, therapeutic, psychiatric, neurological, diagnostic, hearing-test, safety, emergency, or life-support product. Cipher makes no claim that any sound, preset, frequency, modulation, rhythm, or output has medical, therapeutic, cognitive, neurological, psychological, subliminal, wellness, or safety effects.
07Activation; License Keys; Anti-Piracy; Electronic Records
Activation is required on first activation and requires internet access. When you activate, and when the Software validates your license (limited to two (2) Machines), the Software transmits to Cipher and the service providers acting on its behalf, over an encrypted connection: (i) the email address used for your purchase; (ii) your License Key; (iii) a machine fingerprint, a non-reversible identifier derived from stable characteristics of your device, used only to bind your license to a Machine and enforce the two-Machine limit; and (iv) the Obelisk product identifier. In handling each request, Cipher's servers also record the originating IP address (from which only an approximate region may be inferred), the date and time of the request, and technical signals reasonably necessary to prevent fraud, license abuse, and security incidents. If the Software checks for updates, it may transmit your activation credential and the installed version number for that purpose. Obelisk contains no usage analytics, behavioral telemetry, or automatic crash reporting, and does not detect or transmit your DAW, host application, projects, presets, recordings, audio, or other files. Cipher may bind activations to Machines, limit activations to two (2) Machines, deny suspicious activations, revoke refunded or fraudulent licenses, and require reasonable proof of purchase.
Cipher does not offer offline activation unless expressly stated in writing. Deactivation, reset, or transfer requests are handled by support only, at Cipher discretion, and may require proof of purchase and identity verification. Activations are not guaranteed to survive major hardware replacement, operating-system reinstallation, virtualization changes, cloned drives, security-tool changes, or device identifier changes. You must keep License Keys, activation files, and credentials confidential. You are responsible for all activity through your License Key unless caused solely by Cipher breach of this EULA. Cipher may investigate leaked, abused, resold, refunded, chargebacked, published, or suspicious License Keys and may suspend or revoke associated activations to the maximum extent permitted by law. You consent to electronic contracting and electronic records. Cipher may maintain acceptance records including document version, timestamp, customer email, order ID, IP address or region, user agent, machine or activation identifier, accepted URLs, checkout language, download timestamps, and activation timestamps.
08Updates; Compatibility; Audio Output Variability
Cipher may, but is not obligated to, provide updates, patches, bug fixes, compatibility updates, maintenance releases, feature changes, new versions, content, or support. Updates may add, modify, or remove features, presets, UI elements, algorithms, compatibility, system requirements, activation methods, security controls, Third-Party Components, or platform support. Cipher does not warrant backward compatibility, forward compatibility, identical sound, identical preset behavior, identical rendering, identical automation behavior, identical latency, identical timing, identical modulation, or continued availability of any feature, workflow, version, installer, or compatibility profile, except where prohibited by law. Audio output may vary based on host, operating system, processor architecture, sample rate, buffer size, oversampling, driver, preset version, automation, MIDI timing, CPU load, plug-in order, randomization, third-party updates, and future Software changes.
09Software Defects; Host and System Compatibility; Backups
Complex audio software may contain bugs, errors, defects, latency issues, crashes, clipping, denormal behavior, feedback, host-specific behavior, preset inconsistencies, rendering differences, automation issues, MIDI issues, copy-protection conflicts, installer issues, or incompatibilities with certain DAWs, operating systems, processors, audio drivers, plug-in hosts, hardware configurations, sample rates, buffer sizes, third-party software, and future system updates. Cipher currently identifies Windows as the supported operating-system family, VST3 (and any Standalone build Cipher provides) as the supported plug-in format, and Ableton Live and FL Studio as tested DAW environments, subject to posted system requirements; macOS and Audio Unit (AU) support are planned for a future release. Compatibility statements identify tested environments and are not guarantees that the Software will work with every configuration. You are solely responsible for testing the Software before relying on it for live performance, broadcast, commercial production, archival work, client delivery, installations, public playback, or any material use. You are solely responsible for maintaining backups of DAW sessions, presets, project files, rendered files, audio files, system configuration, license information, and related data.
10Demo, Trial, Beta, and Pre-Release Builds
If Cipher offers demo, trial, beta, alpha, preview, evaluation, free, promotional, or pre-release builds, they are provided solely for evaluation, testing, and feedback unless Cipher states otherwise in writing. They may be time-limited, feature-limited, watermarked, muted, noisy, non-saveable, revocable, unstable, incompatible, unsupported, or incomplete. Cipher currently has not finalized demo/trial status for publication. Beta and pre-release builds may corrupt projects or settings, produce unintended audio output, create loud or unsafe sounds, become incompatible, change without notice, or be discontinued. They are not intended for live performance, broadcast, commercial release, archival work, or production use unless Cipher expressly states otherwise in writing.
11Third-Party Technology; VST/AU/Platform Disclaimers
Obelisk may be distributed in formats such as VST3 and AU. "VST" and "VST3" are marks of Steinberg Media Technologies GmbH. Cipher is not affiliated with, endorsed by, sponsored by, certified by, or approved by Steinberg Media Technologies GmbH unless Cipher expressly states otherwise in writing. AU and macOS platform technologies are supplied by Apple or related third parties, and Cipher is not endorsed by Apple unless expressly stated in writing.
Third-Party Components are governed by their own licenses, notices, and terms. Cipher is not responsible for third-party DAWs, plug-in hosts, operating-system changes, sandboxing, notarization, security tools, driver behavior, API changes, SDK changes, discontinued SDKs, marketplace policies, payment processors, hosting providers, CDN providers, or compatibility failures outside Cipher control. You are responsible for maintaining lawful licenses to your DAW, operating system, and host environment.
12Intellectual Property; Feedback; User Submissions
The Software is licensed, not sold. Cipher and its licensors retain all worldwide right, title, and interest in and to the Software, Documentation, names, marks, trade dress, source code, object code, algorithms, architecture, DSP, presets, factory content, UI, artwork, text, trade secrets, and all intellectual-property rights. If you provide suggestions, ideas, bug reports, presets, comments, improvements, screenshots, audio examples, or other feedback, you grant Cipher a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, modify, distribute, commercialize, and otherwise exploit that feedback without restriction or compensation, unless otherwise agreed in writing.
13Refunds; Chargebacks; Effect of Revocation
Refunds are governed by the Terms and the 30-Day Limited Refund Policy presented at purchase. Refund requests may be denied after download, activation, or use, except where required by law. If you receive a refund, reversal, chargeback, or payment failure, Cipher may revoke or disable the associated License Key, activations, downloads, updates, support, and related entitlements within a commercially reasonable time, including within 48 hours where technically feasible. You must uninstall and cease using the Software after any refund, revocation, or termination unless Cipher states otherwise in writing. Fraudulent or abusive refund, chargeback, license, or influencer-code activity may result in refusal of future transactions and enforcement action to the maximum extent permitted by law.
14Export Controls and Sanctions
You may not use, export, re-export, transfer, or provide access to the Software except as authorized by U.S. law and applicable local law. You represent that you are not located in, organized under the laws of, ordinarily resident in, or acting on behalf of a comprehensively sanctioned jurisdiction or restricted person, and are not listed on any applicable sanctions or restricted-party list. You must not use the Software for prohibited end uses.
15Warranty Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE, DOCUMENTATION, SUPPORT, OUTPUT, DEMO BUILDS, BETA BUILDS, PRESETS, INSTALLERS, ACTIVATION SERVICES, UPDATES, AND RELATED SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." CIPHER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AVAILABILITY, SECURITY, INTEROPERABILITY, ERROR-FREE OPERATION, UNINTERRUPTED OPERATION, SAFE AUDIO OUTPUT, MEDICAL OR THERAPEUTIC BENEFIT, AND FITNESS FOR LIVE, PUBLIC, COMMERCIAL, OR SAFETY- CRITICAL USE. No oral or written information, advice, marketing statement, support response, roadmap, documentation, preset description, or communication creates any warranty unless contained in a written agreement signed by Cipher. Some jurisdictions do not allow exclusion of certain warranties, so some exclusions may not apply to you.
16Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CIPHER AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, AFFILIATES, AND PAYMENT, HOSTING, CDN, EMAIL, TAX, SUPPORT, AND INFRASTRUCTURE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES; LOST PROFITS; LOST REVENUE; LOST BUSINESS; LOST GOODWILL; LOST OPPORTUNITY; LOST DATA; LOST PROJECTS; LOST PRESETS; LOST AUDIO; LOST USE; BUSINESS INTERRUPTION; DEVICE, DAW, HOST, OR SYSTEM FAILURE; SUBSTITUTE GOODS OR SERVICES; OR PRODUCTION, PERFORMANCE, BROADCAST, TOUR, SESSION, DEADLINE, RELEASE, CLIENT, OR REFUND LOSSES, EVEN IF ADVISED OF THE POSSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CIPHER TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SOFTWARE, THIS EULA, OR ANY RELATED SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO CIPHER FOR THE SOFTWARE GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR USD $100 IF YOU PAID NOTHING. Nothing in this EULA limits liability to the extent such limitation is prohibited by law, including liability that cannot be limited for fraud, fraudulent misrepresentation, intentional misconduct, gross negligence where not waivable, death or personal injury where not waivable, or non-waivable statutory consumer rights.
17Indemnification
To the maximum extent permitted by law, you will defend, indemnify, and hold harmless Cipher and its owners, officers, employees, contractors, licensors, suppliers, service providers, and affiliates from and against claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys fees, arising from or related to: (a) your breach of this EULA; (b) misuse of the Software; (c) unlawful, infringing, unsafe, medical, therapeutic, high-risk, or prohibited use; (d) License Key sharing, leakage, resale, fraud, chargeback activity, or influencer-code abuse caused by you; (e) your Output or materials submitted to Cipher; or (f) your violation of law or third-party rights.
18Term; Termination
This EULA begins when you first accept, purchase, download, install, activate, access, or use the Software and continues until terminated. Cipher may terminate or suspend this EULA and your license immediately if you breach this EULA, fail to pay, receive a refund or chargeback, misuse licenses, engage in fraud or piracy, create security/legal/operational risk, or violate applicable law. Upon termination, you must cease all use of the Software, uninstall it, delete all copies within your control, and stop using any License Key or activation token. Termination does not limit Cipher remedies or relieve obligations accrued before termination. Sections concerning restrictions, ownership, feedback, privacy records, beta disclaimers, safety, warranty disclaimers, liability limits, indemnity, export controls, termination effects, disputes, and general provisions survive termination.
19No Transfer or Assignment by Licensee
You may not assign or transfer this EULA, the Software, License Key, or activations without Cipher prior written consent. Cipher may withhold consent for any reason and may condition any approved transfer on proof of purchase, identity verification, payment of an administrative fee, transfer of all copies, and confirmation that the transferor no longer uses the Software. Cipher may assign this EULA in connection with merger, acquisition, restructuring, sale of assets, operation of law, or to an affiliate.
20Governing Law; Venue; Class and Jury Waiver
This EULA is governed by the laws of the State of Florida, without regard to conflict-of-laws rules. The U.N. Convention on Contracts for the International Sale of Goods does not apply. Subject to mandatory consumer rights, exclusive venue for any litigation arising out of or relating to this EULA, the Software, or related services will be the state or federal courts located in or serving Hernando County, Florida, and the parties consent to personal jurisdiction there. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. This waiver does not limit rights that cannot be waived under applicable consumer law.
21General; Notices
If any provision is unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remainder will remain in effect. Failure to enforce a provision is not a waiver. Headings are for convenience only. "Including" means "including without limitation." Notices may be provided by email, in-product notice, website posting, checkout notice, or other reasonable means. This EULA is the entire agreement between you and Cipher regarding the Software, except for any signed written agreement. Legal notices to Cipher may be sent to: Cipher Audio LLC, c/o ZenBusiness Inc., Registered Agent, 336 E. College Ave., Suite 301, Tallahassee, FL 32301, with a copy by email to support@cipheraudio.io. Privacy requests must be sent to privacy@cipheraudio.io.