# OinkScape — End User License Agreement and Terms of Use **Template only — not legal advice.** OinkWave should have qualified counsel review, localize, and adopt this document before presenting it to users (installer screen, website, or click-through). Fill in all bracketed or blank fields. This document is separate from the **Beta Non-Disclosure Agreement** (`BETA_NONDISCLOSURE_AGREEMENT.md`). The NDA governs confidentiality of pre-release information; **this document** governs permission to **use the software** and allocates risk for **your use**, including **broadcasting and published content**. **Beta testers:** You do **not** need a second “beta license” file for basic liability allocation if this agreement (including **§1.1**, **§9**, and **§10**) is presented and accepted—unless counsel prefers a short standalone **beta rider** for signing separately. One combined EULA is common. --- **Effective date:** _______________ **Parties** - **OinkWave** (“**OinkWave**,” “**we**,” “**us**,” “**our**”), with principal place of business at: _________________________________________________________________ - **You** — the individual or entity that installs or uses **OinkScape** (“**Software**,” “**Licensed Software**”). If you use the Software on behalf of an organization, you represent that you have authority to bind that organization. By installing, copying, or using the Software, **you agree** to these terms. If you do not agree, do not install or use the Software. --- ## 1. License grant Subject to these terms, OinkWave grants you a **personal, non-exclusive, non-transferable, non-sublicensable, revocable** license to install and run the object code of the Software on devices you control, **solely** for your own internal or personal use (including operating a station or production workflow you control), in accordance with any beta or commercial license tier we specify. You may **not** (except where applicable law forbids this restriction): - Copy, modify, adapt, translate, or create derivative works of the Software, except as allowed by law for interoperability; - Reverse engineer, decompile, or disassemble the Software, except to the minimum extent expressly permitted by law; - Rent, lease, lend, sell, redistribute, or sublicense the Software; - Circumvent or remove technical measures, license keys, or usage limits we apply; - Use the Software to build a competing product or to benchmark or scrape our services in a way that violates our policies or applicable law; - Share **install keys**, credentials, or access we issue to you with unauthorized persons. ### 1.1 Beta and pre-release software If OinkWave designates your copy as **beta**, **preview**, **early access**, or other **pre-release** software (including builds distributed only to invited testers): - You acknowledge the Software may contain **defects**, **errors**, **incomplete features**, **security vulnerabilities**, and **incompatibilities** that would not be acceptable in a general commercial release. - You use pre-release Software **entirely at your own risk**. To the **fullest extent permitted by law**, OinkWave is **not liable** for **any damages or losses** arising from or related to your use of beta or pre-release Software—including **lost or corrupted data**, **lost profits or revenue**, **failed, degraded, or interrupted broadcasts or streams**, **damage to goodwill or reputation**, **hardware or third-party software problems**, or **business interruption**—subject to **Section 10** (which may cap or exclude categories of damages where the law allows). - **Sections 9 (Disclaimer of warranties), 10 (Limitation of liability), and 11 (Indemnification)** apply in **full** to beta and pre-release use and are **not** relaxed because the Software is labeled beta. - Pre-release Software may **expire**, **disable itself**, or **require an updated build** on a schedule we disclose (for example in-product, in the installer, or on our website). Commercial or general-availability builds may be offered under the same or updated terms we publish at that time. --- ## 2. What OinkWave is responsible for We are responsible for: - Providing the Licensed Software **as we make it available**, under the terms applicable to your build (beta, trial, or purchased); - Describing, on our website or documentation, the **intended functionality** of the Software at a high level (subject to the disclaimers in Section 9). We are **not** responsible for: - **Your** hardware, operating system, network, audio/video devices, third-party codecs, or configuration; - **Guaranteed** uptime, uninterrupted operation, or error-free behavior; - **Regulatory approval** of your broadcasts, streams, or business; - **Outcomes** of your use of the Software (audience size, revenue, compliance with platform rules, etc.); - **Third-party software** you install or use with the Software (including **FFmpeg**, drivers, virtual audio cables, hosting platforms, CDNs, or social/streaming sites), except as required by their separate licenses. Support, updates, and warranties—if any—are **only** those we **expressly** offer in writing for your tier (e.g., paid support agreement). Absent that, the Software is provided **as described in Section 9**. --- ## 3. What you are responsible for (general) You are solely responsible for: - **Lawful use** of the Software in your jurisdiction and anywhere your content is received; - **Accuracy** of information you provide to us (email, registration, feedback); - **Security** of your devices, accounts, keys, and network; - **Backups** of your data (settings, schedules, media, projects); - **Fees** you owe to third parties (music licensing, PROs, platforms, bandwidth, cloud, etc.); - **Compliance** with third-party terms (e.g., YouTube, Twitch, Facebook, Shoutcast hosts, enterprise IT policies). You will **not** use the Software: - In violation of law or third-party rights; - To transmit malware, spam, or non-consensual recordings; - To harass, threaten, or defraud others; - To infringe copyright, trademark, privacy, publicity, or other rights; - In any way that could **harm**, overload, or attack OinkWave’s systems, other users, or third parties. We may **suspend or terminate** your license (and associated keys or access) if we reasonably believe you have violated these terms or pose a security or legal risk, subject to any stricter requirements under applicable law. --- ## 4. Broadcasting, streaming, and your content (critical) The Software may include features that help you **encode, route, or stream** audio and/or video (for example via **RTMP/RTMPS** or similar) to **your** chosen platforms or infrastructure. **Those outputs are yours, not ours.** ### 4.1 Your content and your compliance You are **solely** responsible for: - **All content** you capture, play, mix, or transmit using the Software (music, speech, video, images, metadata, chat, ads); - **Clearing rights** for that content (musical works, sound recordings, samples, sync licenses, performance licenses, etc.); - **Platform rules** and **community guidelines** of every service you stream to (including takedowns, strikes, demonetization, and account termination); - **Labels, disclosures, and sponsorship rules** (FTC, Ofcom, FCC sponsorship ID where applicable, etc.) as required **for your** shows and jurisdiction; - **Privacy and consent** for people you record or whose data you process; - **Technical compliance** (loudness, EAS where legally required for your class of operation, etc.) **to the extent** the law applies **to you** as the broadcaster or publisher. OinkWave **does not** monitor your streams for legal compliance and **does not** provide legal clearance for your programming. ### 4.2 What we are not responsible for regarding your broadcasts To the **fullest extent permitted by law**, OinkWave and its suppliers **disclaim** liability for: - **Copyright or neighboring-rights** claims, **DMCA** or similar notices, or licensing disputes arising from **your** content or your use of third-party material; - **Platform enforcement** (bans, strikes, removal of VODs, ad policy) by YouTube, Twitch, or any other destination you choose; - **Government or regulatory** actions directed at **you** or your operation; - **Defamation**, **harassment**, **hate speech**, **obscenity**, or other tort or statutory claims arising from **your** content or how you use the Software; - **Signal interference**, **RF** issues, or **transmitter** operation outside the Software (hardware you connect is your responsibility); - **Claims by listeners, guests, co-hosts, or rightsholders** related to your programming. **You understand** that OinkWave provides **tools**; **you** are the **publisher** or **operator** of what goes out on the air or online. ### 4.3 No endorsement Your use of the Software **does not** imply OinkWave’s endorsement of your views, channel, station, or sponsors. --- ## 5. Third-party software and services The Software may rely on or bundle components subject to **separate licenses** (e.g., **FFmpeg**, **Qt**, **PyQt**, codecs, OS APIs). You agree to comply with those licenses where they apply **to you**. OinkWave does not warrant third-party components. If you configure the Software to send streams to third-party URLs or APIs, **your relationship is with those providers**, not with OinkWave. --- ## 6. Feedback and telemetry If you submit **feedback**, crash reports, or diagnostics, you grant OinkWave a **royalty-free** license to use that information to improve the Software and services, subject to our privacy notices. Do not send us **secrets**, **passwords**, or **personal data of third parties** unless we ask through a secure channel designed for that purpose. --- ## 7. Abuse prevention We may use **technical and organizational measures** (including rate limits, key revocation, blocking abusive feedback posts, and legal notices) to protect our users, our infrastructure, and our rights. You agree **not** to: - Probe, scan, or test the vulnerability of our systems without written authorization; - Attempt to gain unauthorized access to our networks, data, or other users’ data; - Use automated means to overwhelm our download, update, or support systems; - Misrepresent your identity or affiliation to obtain keys, support, or access; - Resell or **brokers** beta keys or access outside our authorized program. We may cooperate with **law enforcement** when required or permitted by law. --- ## 8. Intellectual property The Software, documentation, trademarks, and associated materials are owned by OinkWave or its licensors. **No** rights are granted except the limited license in Section 1. “OinkScape” and related marks are trademarks of OinkWave (or as otherwise stated on our website). --- ## 9. Disclaimer of warranties **To the fullest extent permitted by law**, the Licensed Software is provided **“AS IS”** and **“AS AVAILABLE”** without warranties of any kind, whether express, implied, or statutory, including **merchantability**, **fitness for a particular purpose**, **title**, **non-infringement**, and **accuracy**. We do **not** warrant that the Software will meet your requirements, run uninterrupted, be compatible with every device or platform, or be free of harmful code. **You** bear the risk of selecting and using the Software for **broadcasting** and **streaming**. **Beta / pre-release.** If you use a beta or pre-release build, the disclaimers in this Section apply with **particular force**. You should maintain **backups** and avoid relying on pre-release Software for mission-critical operations unless you accept the risk described in **§1.1**. Some jurisdictions do not allow certain disclaimers; in those jurisdictions, disclaimers apply to the **maximum** extent allowed. --- ## 10. Limitation of liability This Section applies to **all** versions of the Licensed Software you receive from us, **including beta and pre-release builds** (see **§1.1**). **To the fullest extent permitted by law:** - **In no event** shall OinkWave or its suppliers be liable for any **indirect**, **incidental**, **special**, **consequential**, or **punitive** damages, or for **loss of profits**, **data**, **goodwill**, **reputation**, **revenue**, or **broadcast opportunities**, arising from or related to the Software or these terms, even if advised of the possibility. - OinkWave’s **total** liability for any claim arising from these terms or the Software shall not exceed the **greater of** (a) the amount you **paid us** for the Software in the **twelve (12) months** before the claim, or (b) **USD $100**, if you paid nothing. These limits apply whether the claim sounds in contract, tort (including negligence), strict liability, or otherwise. --- ## 11. Indemnification You will **defend**, **indemnify**, and **hold harmless** OinkWave and its officers, directors, employees, and agents from and against **any** claims, damages, losses, liabilities, costs, and expenses (including **reasonable attorneys’ fees**) arising out of or related to: - **Your content** or **your broadcasts**; - **Your violation** of these terms or applicable law; - **Your violation** of any third-party rights (including intellectual property and privacy); - **Disputes** between you and any platform, audience member, rightsholder, or co-producer. OinkWave may assume exclusive defense of any matter subject to indemnification, at your expense, if we choose. --- ## 12. Term and termination These terms apply from first use until terminated. Your license ends automatically if you breach these terms. OinkWave may terminate beta or promotional licenses **at any time** with or without notice, subject to applicable law. Upon termination, you must **stop using** the Software and **destroy** copies in your possession (except copies required for legal backup rules in your jurisdiction). Sections that by nature survive (including 4, 5, 6, 8–11, 13–16) survive termination. --- ## 13. Export and sanctions You represent that you are **not** located in a country embargoed by the United States or other applicable jurisdictions and are **not** on a denied-party list. You will not export or re-export the Software in violation of export control or sanctions laws. --- ## 14. Changes We may update these terms for **new** versions of the Software or for **legal** reasons. We will use reasonable means to notify you (website, installer, or in-app notice). **Continued use** after the effective date of changes constitutes acceptance, where permitted by law. --- ## 15. Miscellaneous - **Entire agreement** (for the Software license): These terms, together with any **separate** written agreement you sign with OinkWave (e.g., enterprise order), govern your use of the Software. The **NDA** (if any) governs confidentiality separately. - **Severability:** If a provision is invalid, the remainder remains in effect. - **Assignment:** You may not assign these terms without our consent. We may assign in connection with a merger, acquisition, or sale of assets. - **No waiver:** Failure to enforce a provision is not a waiver. - **Governing law and venue:** _______________ (state/country). Exclusive jurisdiction: _______________ (courts / arbitration rules). --- ## 16. Contact For legal or compliance notices: _______________________________ For general support: _______________________________ --- **Acknowledgment (for click-wrap or installer)** ☐ I have read and agree to the OinkScape End User License Agreement and Terms of Use. Name: ___________________________ Date: ___________________________