Plugin-Magic

Plugin-Magic License Agreement

Plugin-Magic provides a tool to create audio effects, servers to build binaries and a platform/shop to offer those plugins to the public for sale or for free. This document sets out the terms between Plugin-Magic (the provider), the user creating and sharing plugins (the creator) and the users obtaining the plugin from the platform or directly from the creator (the user).

The Engine

  1. The Plugin-Magic engine is a private code base. It is contained in the creator app “PGM-Creator” and the created plugins.
  2. The engine is offered to the creators to be used only in plugins created with the providers app or build servers.
  3. The engine and the creator app remain property of the provider

Creators Content

  1. The creators content is
    1. the creator name they used when signing up to the service
    2. any artworks, text or media they upload or publish on the creator page of the platform
    3. the IP on the DSP pipeline created using the PGM-Creator app
    4. any media used in the plugin created using the PGM-Creator app like samples, impulse responses, tables, formulae and scripts
    5. any media used in the user interface (GUI) of the created plugin like graphics, designs, layouts and fonts
  2. The content uploaded by the creators remains property of the uploading creators.
  3. The creator is responsible to make sure, that the used or uploaded content is not protected by any third party.
  4. The creator must not use trademarks of other companies to name or market their creations.
  5. The provider is not responsible for uploaded content. The provider will remove content that violates the copyright of others or make it unavailable to the public on their discretion.
  6. The provider will make sure that the creators content cannot be extracted within technological reason. It is understood that no guarantee can be given against reverse engineering or accidental security issues.
  7. The creator grants the provider the right to showcase their products on the producers platform, the shop and their social media outlets as well as other press coverage.
  8. The creator grants the provider the right to distribute and sell their products.

Plugin users

  1. The use of the plugins from Plugin-Magic is managed by the providers license activation system.
  2. The user must not attempt to circumvent the license activation check.
  3. The user is allowed to use the plugin on up to three machines in parallel.
  4. The provider will update the engine and provide updated downloads independent from updates of the creator.
  5. If the creator opted out of the license system, the GUI will have a badge “Sponsered by Plugin-Magic” opening the website of the provider.

Personal Data

  1. The provider hereby confirms to apply the GDPR to their best knowledge.
  2. The provider will collect personal data that is required to offer their services.
  3. When users participate on the platform and provide texts, content or statements, the provider will keep information about the identity in order to support legal action.
  4. The provider will not share any personal data with any third party that is not involved in managing the data.

Termination

  1. The creator and the provider have the right to terminate the agreement at any time without reason.
  2. There will be no refunds for subscriptions that already started.
  3. The creator can decide, if they want their plugins removed or keep them online on the platform.
  4. If the creator decides to keep the plugin on the platform, the revenue share of the creator will be put in a fund and given to music related charity at the end of the year. The provider will keep a maintenance fee in that case. The producer is free to choose that charity but will publish the names of the beneficiaries.
  5. The producer will terminate the service for any user or creator who
    1. infringes trademarks or copyright
    2. posts inappropriate content on the platform or inside the product
    3. shows abusive behavior against users, other creators, members of the producer association or anybody else

Jurisdiction

  1. If any part, term or provision of this Agreement is held to be illegal, in conflict with any law or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected by such determination, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provisions held to be illegal or invalid.
  2. This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Germany.
  3. Each party irrevocably agrees that, subject as provided below, the courts of Germany shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) that arises out of or in connection with this agreement or its subject matter or formation.

Disclaimer

  1. To the maximum extent permitted by applicable law, Plugin-Magic shall not be liable for any indirect, incidental, special, or consequential damages, or for any loss of profits, revenue, or data arising out of or in connection with the use or inability to use this product. In no event shall our total liability exceed the purchase price paid for the product, or the replacement value of the product, whichever is less.

Responsible for Plugin Magic

Foleys Finest Audio UG (haftungsbeschränkt)
Owned by Daniel Walz
Hinterer Holzweg 37
73733 Esslingen
Germany