1. Who this is between

“We” and “us” means the developer of Multipad Editor, a sole trader resident in Switzerland: “You” means the person or organization that installed or bought the software. “The software” means Multipad Editor, in any version, together with anything we supply with it.

Payment is taken by our payment partner, who acts as merchant of record and is therefore the seller of the software to you for tax and payment purposes. This agreement still governs what you may do with the software.

2. What you are buying

A license, not the software itself. We keep the copyright; you get the right to use it under the terms below. The license is perpetual: once granted it does not run out and we cannot withdraw it except as section 8 describes.

The license is non-exclusive, and personal to you or to your organization. You may not sell it, rent it, sublicense it or pass it on; it may move with a business if the whole business moves, and if that ever comes up, write to us and we will confirm it in writing.

3. Your own machines

You may install and use the software on up to three computers at a time that are yours, or your organization’s, and that you use yourself, each of them activated. Installing the license file on a machine adds that machine to the license, either by the activation request the software offers or by adding the machine’s code on your account page; the account page lists a license’s machines and lets you remove one, which frees its place. A license may be activated up to twelve times in any period of twelve months; if you genuinely need more, write to us.

The software checks once a day whether the machine it is on is still on the license, sending the license and the machine’s code and nothing else. On a computer with a connection, a machine removed on your account page stops saving within a day, and so does every computer a refunded license was activated on. Beyond that check, the activation, and what the privacy page describes with its switches — a version check against our own site when the software starts, a crash report if it crashes, and anonymous usage counts only if you said yes — nothing in the software phones home or asks permission. This section is the whole of what is asked in return: do not publish the license file, do not post it in a forum or a group, and do not hand it to people outside your household or organization. The file has your name and email address inside it.

4. What you may not do

• Distribute the software, or a modified version of it, as your own.
• Publish or share your license file, or the key material inside it.
• Remove or alter the copyright, license or trademark notices.
• Use the software to break the law.

Nothing here restricts anything the law gives you regardless of contract — including the right to study and adapt software for interoperability, which Swiss and European law grant and which cannot be signed away.

5. Versions

A license covers the major version of the software it was bought for — version 1 — and every release of that version, whenever it is published, for ever. The entitlement is to the versions, not to a period of use: it does not matter when you install them or how many times, and there is nothing to renew. A later release never takes back a version you already have: what can take a license away from a copy is section 3 and section 8, and nothing else.

We do not promise that any particular update will exist, or that any particular feature will be added.

6. Using it without a license

The software may be installed and used without a license, free of charge and without a time limit, for everything except saving a modified file. That free use is subject to this agreement too, other than the parts about payment.

7. Price, payment and refunds

The price you pay is the total shown at the checkout, in your currency, with any tax included. Prices on this site may change; the price you paid is the price of your license.

You may ask for a refund within fourteen days of purchase, for any reason or none, and you will get one. Ask us or ask the payment partner; as merchant of record, they settle refunds and disputes.

If you are a consumer in the European Union you have a statutory right of withdrawal within fourteen days. For a download, that right is waived when you agree at the checkout to immediate delivery and acknowledge the waiver — which the checkout asks you to do. Our own fourteen-day policy in the paragraph above applies whether or not you waived it, so it costs you nothing to agree.

8. When a license is withdrawn

If a purchase is refunded or charged back, the license issued for it ends, and its identifier is added to a list included in later releases — so a release published after that will not accept it. The daily check described in section 3 carries it further: on a computer with a connection, the software learns within a day that the license was refunded and goes back to being the unlicensed version there, on every computer the license was activated on. Nothing is removed from your computer and nothing you have saved is touched: the software goes on opening, reading and editing your files, as it does for somebody who has never bought a license, and only saving stops. Using the software as a licensed copy after a refund is a breach of this agreement.

9. No warranty

The software is supplied “as is”. To the fullest extent the law allows, we give no warranties of any kind — not that it is free of defects, not that it fits any particular purpose, not that it is compatible with any particular instrument, firmware version or file, and not that it will run without interruption or error.

We have tested it hard. That is a description of the work, not a promise about your file or your instrument.

10. Your instrument, and your data

This is the section that matters, so it is written out rather than buried.

You are responsible for your own backups. Keep the original file. The software will not do it for you, and no support answer can recover a file that no longer exists.

You are responsible for what you load onto your instrument. The software runs on your computer and is not connected to the instrument. Copying a file to a USB stick and loading it is your action, done at your own risk, and only you can judge whether it is the right file. Loading a backup replaces the user content already on the instrument — the instrument then holds exactly what the file holds, not a merger with what was there before — so always work from the newest backup you have.

The software never overwrites an existing file. Saving always writes a new file, and it refuses to write over a file that already exists. Your input file is left exactly as it was.

To the fullest extent the law allows, we are not liable for the state of your instrument or its data — including lost, damaged or corrupted kits, samples, backups or settings, an instrument that will not start, storage that fails, or the cost of restoring, re-recording or re-buying any of it.

11. Limits of liability

To the fullest extent Swiss law allows, we are not liable for indirect or consequential loss, lost profit, lost work, lost data, or the cost of substitute software or services. Where we are liable, our total liability for everything arising out of this agreement is limited to the amount you actually paid for the license.

Nothing in this agreement excludes or limits liability for unlawful intent or gross negligence, for death or personal injury, or anything else that cannot lawfully be excluded — including your rights as a consumer under the law of the country you live in, and any liability under product liability legislation that cannot be excluded by agreement.

12. Independence and trademarks

Multipad Editor is independent software. It is not affiliated with, endorsed, sponsored or approved by inMusic Brands, Inc. or Alesis. “Alesis” is a trademark of inMusic Brands, Inc. “Strike MultiPad” is the name of the Alesis instrument this software works with, and is used only to identify that instrument. All other trademarks are the property of their respective owners.

The software contains no code, sounds, presets or other content belonging to the instrument’s manufacturer, and none is supplied with it.

13. Personal data

What is collected, and what is done with it, is on the privacy page. In summary: when you activate a machine, and once a day after that, the app sends your license and a machine id — a short hash that identifies the computer and not you — and that id is kept with the license, with the time it was last seen; when it starts it asks our site for a newer version, unless you turn that off; if it crashes it sends a report with nothing about you or your files in it to our own server, unless you turn that off; and it sends anonymous usage counts only if you said yes. An account holds your email address, to which the identity service sends a code each time you sign in; and buying gives us your name, email, order reference and license identifier so that a license can be filed under your account and, if refunded, withdrawn.

14. Ending the agreement

You may stop using the software at any time; delete it and the license file. We may end this agreement if you seriously breach it, in which case you must stop using the software and delete it — a refund is not owed for that. Sections 9 to 12 survive the end of the agreement.

15. Law and courts

This agreement is governed by Swiss law, without its conflict-of-law rules and without the United Nations Convention on Contracts for the International Sale of Goods. The courts at the seller’s domicile in Switzerland have jurisdiction.

If you are a consumer, this does not deprive you of the protection of the mandatory law of the country where you live, or of the right to bring a claim in the courts there where that law gives it to you.

16. The rest

If any part of this agreement turns out to be unenforceable, the rest still applies, and the unenforceable part is read down to what is enforceable. Our not enforcing something is not our giving it up. This agreement, with the pages it links to, is the whole of what has been agreed about the software.

We may change these terms for future purchases. The version that applies to you is the one published when you bought your license; a change does not reach back into a license already sold.