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End-User License Agreement (EULA)

IMPORTANT: THIS END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY)("User") AND SOFTWARE TEAM REPRESENTED BY PAVEL KOSTKA (“Author“). BY ACCEPTING, INSTALLING OR USING ANY PART OF THE APPLICATION (“Application”), YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS EULA, OR CANNOT COMPLY WITH THESE TERMS AND CONDITIONS, YOU WILL HAVE NO AUTHORITY TO USE THE APPLICATION. DISCONTINUE THE INSTALLATION PROCESS AND USE THE APPLICATION.
GRANT OF LICENSE
1. Free (Demo) Version You have the right to test the Application with the given demo-version limitations. You are allowed to copy the Application and give it to any other person, as long as it is not modified in any way.

2. Full (Paid) Version The full version may be installed on as many computers as desired within one Apple account and associated Family Sharing feature.
PRIVACY POLICY
There is a dedicated document covering privacy policy.
LIABILITY
We try to keep the Application as bug-free as possible. But it's a general rule that no software ever is error free, and the number of errors increases with the complexity of the program. The Application was tested on various Apple devices for macOS versions declared in the App Store app specification. We cannot guarantee that this Application will run in every environment without producing errors.

Any liability is hereby denied for damage of any sort, including any special, consequential, indirect or incidental damages, any lost profits or lost savings, lost data, loss of privacy, any damages resulting from business interruption, personal injury or failure to meet any duty of care, or claims by a third party arising out of the use or inability or inappropriate use of Application, even if the Company has been advised of the possibility of such loss, damages, claims or costs in advance.
LIMITATIONS
a. You may not reverse engineer, decompile, or disassemble or otherwise attempt to discover the source code, underlying ideas or algorithms of the Application or modify, adapt, translate, recast, alter, or create derivative works from the Application or any portion of it, or provide or disclose the Application or any portion of it to any third party, except and only to the extent that such activity is expressly permitted by applicable law, or by prior written approval of the Author (which approval may be conditioned, restricted, or denied in the sole discretion of Author), notwithstanding this limitation.

b. You may not distribute, rent, sell, assign, sublicense, lease, make available on a network, or otherwise, to multiple users (except as may be expressly permitted by your license to use and/or subscription to the Author), or otherwise transfer the Application or use the Application for timesharing or service bureau purposes or otherwise for the benefit of a third party. You may not transfer or assign this EULA or any of your rights hereunder to any other party.

c. You may not incorporate the Application or any portion of it into, or use the Application or any portion of it to develop other algorithms, programs, software, applications, or products unless expressly approved in writing in advance by the Author, which approval may be conditioned, restricted, or denied in the sole discretion of the Author.

d. The Application may be copied onto the hard disk drive of any authorized and compatible computing device owned or lawfully controlled by you for the sole purpose of installing and using the Application. All such copies shall include the same proprietary and copyright notices and legends as included in the authorized copy of the Application originally provided by the Author or an authorized third party and you shall not remove any such notices or legends from the Application or any copies or modifications of the Application, or otherwise modify the Application. You may not otherwise copy or modify the Application or provide copies of the Application, in whole or in part, to any other party except as may be expressly permitted by your License or Subscription to the Application or other written agreement with the Author.

e. By using the Application, you affirm that either you are at least 18 years of age or have been authorized to use the Application by your parent or legal guardian who is at least 18 years of age and entered into this EULA on your behalf. If you are using the Application on behalf of an entity or organization, then you represent and warrant that you have the authority to bind that entity or organization to this EULA and you agree to be bound by this EULA on behalf of that entity or organization.
SOFTWARE VERSIONS OR UPDATES
The author may, from time to time, release updates to or new versions of the Application. The Author shall make available to you, provided that you are not in default under the terms of this EULA, any new version of the Application, but solely to the extent that the functionality of the new version represents the then-current version of the functionality comprising the Application under your existing License. The Author has no obligation to provide to you new functionality or components as part of regular Application updates or version releases. The Author reserves the right to charge an additional fee for any new functionality or components if you elect to upgrade in order to acquire new functionality or components under a new version of the Application. All versions of the Application, including any new functionality or components, shall be subject to this EULA in its entirety, including, but not limited to the support terms detailed in it.
VOLUME LEVELS
The Application amplifies the system audio output volume level by software means. It can't and does not interact with the hardware amplifier. As such, it can't damage sound hardware under normal circumstances. Since the input signals, entering the software amplifier of the Application, can be of greatly varying levels, the Application also checks on the fly the output audio level and if the amplified output signal level produces a distorted audio output due to too high volume gain, it automatically decreases the set volume value so that the distortion does not occur. The User is advised to cautiously use the amplifier in such a way as not to damage User's or hearing. The User understands that too high volume levels can distract, scare or otherwise affect people or animals in his/her surroundings and is solely responsible for proper volume gain settings. The User is solely responsible for all the actions and practices followed by him/her in using this Application. The Author does not own any responsibility for the consequences of the actions arising out of the use of this Application.
MISCELLANEOUS
All mentioned Trademarks and Copyrights belong to their respective owners. For any queries with respect to the above terms and conditions, use email address tech@nimblesnail.com. Legal domicile is Czechia, the European Union.

SUPPORT
You may request support by sending an email to tech@nimblesnail.com. The Author has no obligation to provide support for any version of the Application other than the then- current version of the Application.


©2020 Pavel Kostka et al.


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