End User License Agreement
1. Agreement
This End User License Agreement (“Agreement”) is between you (“Licensee”) and Kevin Gossett, doing business as Gossett Media (“Licensor,” “we”). It governs your use of SpinTrack, a radio automation and scheduling application for macOS, including any updates we provide (the “Software”). By installing or using the Software, or by purchasing a license, you agree to this Agreement. If you do not agree, do not install or use it.
2. License grant
Subject to this Agreement and payment of the applicable fee, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software on up to two (2) computers that you own or control, for your own broadcasting, streaming, or audio-programming operations. Each license key is for one licensee. Stations or organizations that need more installations must obtain additional licenses.
3. Demo edition
The free demo edition is provided for evaluation only. It may be limited in features and content, and it may include sample audio provided only for demonstration. Sample audio in the demo may not be copied, extracted, or redistributed, and it is not licensed for broadcast outside the demo.
4. Restrictions
You may not: (a) copy, sell, rent, lease, lend, or sublicense the Software or your license key; (b) reverse engineer, decompile, or disassemble the Software, except where applicable law permits it despite this restriction; (c) remove proprietary notices; (d) circumvent license checks or the limits of the demo edition; or (e) use the Software in violation of any law.
5. Your content and music licensing
You keep all rights in the audio, images, and other content you load into the Software (“Your Content”). We claim no ownership of it. You are solely responsible for holding every license, permission, and clearance needed to store, schedule, play, and stream Your Content, including music performance and sound-recording licenses (for example, ASCAP, BMI, SESAC, GMR, SoundExchange, and equivalent bodies in your country), and for royalty reporting. The Software does not provide music licenses and does not make any content legal to broadcast. We are not responsible for any claim arising from Your Content or your broadcasts.
6. Streaming and third-party services
The Software can send audio to streaming servers (such as Icecast) that you configure. Those servers and any other third-party services are not ours, and your use of them is governed by their own terms. You are responsible for your stream, your server, your bandwidth, and your compliance with broadcast and streaming regulations that apply to you.
7. Updates and support
We may release updates, but we are not obliged to. Support is provided by email on a reasonable-efforts basis. We may change or discontinue features at any time.
8. Ownership
The Software is licensed, not sold. We and our licensors keep all right, title, and interest in the Software, including all intellectual property rights. No rights are granted other than those stated here.
9. Termination
This Agreement lasts until terminated. We may terminate your license if you materially breach it, including by sharing your license key beyond the permitted installations. On termination you must stop using the Software and delete all copies. Sections 5, 8, 10, 11, and 12 survive termination.
10. Disclaimer of warranties
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT IT WILL BE SUITABLE FOR UNATTENDED OR MISSION-CRITICAL BROADCASTING. YOU ARE RESPONSIBLE FOR BACKING UP YOUR DATA AND FOR MONITORING YOUR OWN BROADCASTS. Some jurisdictions do not allow certain disclaimers, so some of this may not apply to you.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, DEAD AIR, MISSED OR MISPLACED ADVERTISING, OR LOST DATA, EVEN IF ADVISED OF THEIR POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SOFTWARE IS LIMITED TO THE AMOUNT YOU PAID FOR YOUR LICENSE.
12. General
This Agreement is governed by the laws of the State of Arizona, USA, without regard to conflict-of-law rules, and disputes will be brought in the state or federal courts located in Maricopa County, Arizona. If any provision is unenforceable, the rest remains in effect. This Agreement is the entire agreement about the Software and replaces earlier understandings. We may update this Agreement for future versions of the Software; the version that came with your copy applies to it unless you accept a newer one.