1. Introduction; Your Agreement to this EULA.
a) Welcome to Sonic Cascade, LLC (“Sonic Cascade,” “we,” “us,” or “our”). The “Sonic Cascade Software” consists of our software, plug-ins, applications, and any updates or related products and services we may offer in connection with the software.
THIS END USER LICENSE AGREEMENT (“EULA”) IS ENTERED INTO BY AND BETWEEN YOU AND SONIC CASCADE. PLEASE READ THE EULA CAREFULLY BEFORE YOU DOWNLOAD OR START TO USE THE SONIC CASCADE SOFTWARE. BY USING THE SONIC CASCADE SOFTWARE OR BY CLICKING TO ACCEPT OR AGREE TO THE EULA WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THIS EULA, OUR TERMS OF USE, FOUND AT: WWW.SONICCASCADE.COM/TERMSOFUSE, AND OUR PRIVACY POLICY, FOUND AT: WWW.SONICCASCADE.COM/PRIVACYPOLICY (THE “PRIVACY POLICY”), INCORPORATED HEREIN BY REFERENCE.
PLEASE READ THIS EULA CAREFULLY BEFORE USING THE SONIC CASCADE SOFTWARE, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS, EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED, IN WHICH YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
IF YOU DO NOT WANT TO AGREE TO THIS EULA OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SONIC CASCADE SOFTWARE, OR YOU MUST DISCONTINUE ANY ACCESS OR USE OF THE SONIC CASCADE SOFTWARE.
b) You agree that by downloading, installing, otherwise accessing, or using the Sonic Cascade Software, you are entering into a legally binding agreement between you and Sonic Cascade regarding your use of the Sonic Cascade Software. You acknowledge that you have read, understood, and agree to be bound by this EULA.
c) When downloading, installing, otherwise accessing, or using the Sonic Cascade Software on behalf of a subscribing company, entity, or organization (collectively, “Organization”), you represent and warrant that you: (i) are an authorized representative of that Organization with the authority to bind that Organization to this EULA and grant the licenses set forth herein; and (ii) agree to this EULA on behalf of such Organization. If you are entering into this EULA on behalf of an Organization, and you do not have the authority to bind the Organization, or if the Organization does not unconditionally agree to this EULA, neither you nor the Organization is authorized to access or use the Sonic Cascade Software. You and your Organization may both be referred to herein as “you.”
2. Use of Sonic Cascade by Minors and Blocked Persons.
a) IF YOU ARE UNDER THE AGE OF EIGHTEEN (18), YOU ARE NOT PERMITTED TO DOWNLOAD, INSTALL, OR USE THE SONIC CASCADE SOFTWARE OR OTHERWISE PROVIDE OR SUBMIT TO US ANY PERSONAL INFORMATION.
b) The Sonic Cascade Software is also not available to any users previously banned from the Sonic Cascade Software by Sonic Cascade or to any persons barred from receiving it under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
3. Privacy Policy. Please see our Privacy Policy for information relating to how we collect, use, and disclose your personal information, and other privacy information provided to you on how you can manage your online privacy when you download, install, otherwise access, or use the Sonic Cascade Software. By downloading, installing, or otherwise using the Sonic Cascade Software, you acknowledge and agree that Sonic Cascade may collect, use, and disclose your personal information as set forth in the Privacy Policy.
4. Modification of this EULA. Sonic Cascade may amend or add to any of the terms of this EULA by posting the amended or additional terms on the Sonic Cascade website, located at https://www.soniccascade.com (the “Website”) and providing reasonable prior notice regarding any material amendments to the EULA.
Your continued use of the Sonic Cascade Software following any such notice constitutes your acceptance of the modifications and your agreement to be bound by the updated EULA. If you do not agree to any modification of the updated EULA, your sole remedy is to discontinue your use of the Sonic Cascade Software. The most current version of the EULA will be available on our Website and supersedes previous versions.
5. License, Access, or Use.
a) The Sonic Cascade Software is owned and operated by Sonic Cascade. Unless otherwise indicated, all content, information, and other materials on the Sonic Cascade Software, including, without limitation, Sonic Cascade’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, the selection and arrangement thereof, and the Intellectual Property Rights embodied therein (collectively, the “Sonic Cascade Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Sonic Cascade Materials are the property of Sonic Cascade and/or third-party licensors. By accepting this EULA, you do not acquire any ownership interests of any kind in the Sonic Cascade Software or Sonic Cascade Materials. Unless otherwise expressly stated in writing by Sonic Cascade, and in consideration of your payment of the appropriate fees and your agreement to and compliance with the terms and conditions set forth in this EULA, Sonic Cascade grants to you a limited, revocable, non-transferable, non-sublicensable license (i.e., a personal and limited right) to download, install, and use the Sonic Cascade Software and Sonic Cascade Materials for your personal use or the internal business use of your Organization on up to three (3) computers (whether desktop or laptop computers).
b) Sonic Cascade reserves all rights not expressly granted in this EULA. Unless explicitly stated herein, nothing in this EULA shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles.
6. Obligations and Restrictions
a) Your Obligations. You are responsible for:
i) Obtaining and maintaining updated software and hardware necessary for the proper functioning of the Sonic Cascade Software, as specified by Sonic Cascade, including a supported operating system and a compatible digital audio workstation or plug-in host;
ii) Obtaining and maintaining all necessary licenses and consents and complying with all applicable law in relation to your access and use of the Sonic Cascade Software;
iii) Using the Sonic Cascade Software only in accordance with this EULA, Sonic Cascade policies and standards.
b) Without limiting the foregoing, you are strictly prohibited from engaging in any of the following:
i) Renting, leasing, lending, selling, sublicensing, assigning, distributing, publishing, transferring, or otherwise making available the Sonic Cascade Software or the Sonic Cascade Materials or any features or functionality of the Sonic Cascade Software or the Sonic Cascade Materials, to any third party for any reason, including by making the Sonic Cascade Software or the Sonic Cascade Materials available on a network where it is capable of being accessed by more than one device at any time;
ii) Selling, renting, leasing, sharing, or providing access to your Account to anyone else, including, without limitation, charging anyone for access to administrative rights on your Account;
iii) Distribution, public performance or public display of any Sonic Cascade Materials;
iv) Modifying, translating, adapting, or otherwise making any derivative uses or improvements, whether or not patentable, of the Sonic Cascade Software or the Sonic Cascade Materials, or any portion of them;
v) Reverse engineering, disassembling, integrating, modifying, removing, decompiling, decoding, creating derivate works or updates of, adapting, or otherwise attempting to derive or gain access to the source code of the Sonic Cascade Software or any part thereof;
vi) Copying the Sonic Cascade Software or Sonic Cascade Materials;
vii) Removing, deleting, altering, or obscuring any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Sonic Cascade Software or Sonic Cascade Materials, including any copy thereof;
viii) Removing, disabling, circumventing, or otherwise creating or implementing any workaround to any copy protection, rights management, or security features in or protecting the Sonic Cascade Software or Sonic Cascade Materials;
ix) Any use of the Sonic Cascade Software or the Sonic Cascade Materials except for their intended purposes. Any use of the Sonic Cascade Software or the Sonic Cascade Materials without the prior written permission of Sonic Cascade, except as specifically authorized in this EULA is strictly prohibited and may violate intellectual property rights or other laws.
7. User Content; Feedback.
a) You are solely responsible for all content you input, upload, or otherwise use in connection with the Sonic Cascade Software (“User Content”) and the consequences of publishing or otherwise using it. You represent and warrant that: (1) you are the creator or own or control all rights in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (b) defame any other person, or (c) violate any applicable law, statute, ordinance, regulation, or agreement; (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) your User Content does not contain any confidential information of Sonic Cascade or any third parties. Sonic Cascade reserves all rights and remedies against any users who breach these representations and warranties. Upon your input, upload, use of, or any other provision of User Content to the Sonic Cascade Software, you grant to Sonic Cascade, on your own behalf and on behalf of your employees, contractors, and agents, a perpetual, worldwide, non-exclusive, fully paid, royalty-free, revocable license (with the right to sublicense) to use, reproduce, process, transmit, display, perform, and make any other use in any form or medium of the User Content solely for the purposes of providing the Sonic Cascade Software to you under this Agreement.
b) If you submit, send, or transmit any communications or materials to Sonic Cascade or its employees, contractors, or representatives through the Sonic Cascade Software or by mail, email, telephone, or otherwise, suggesting or recommending changes to the Sonic Cascade Software, or Sonic Cascade Materials, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Sonic Cascade is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. You hereby assign to Sonic Cascade, on your own behalf and on behalf of your employees, contractors, and agents, all right, title, and interest in any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback. Sonic Cascade is free to use such Feedback for any purpose whatsoever, without any attribution or compensation to any party. Notwithstanding the foregoing, Sonic Cascade is under no obligation to use any Feedback.
8. Maintenance and Support
a) Support. Subject to your compliance with the terms and conditions of this EULA, we will provide technical support to the original purchaser of the Sonic Cascade Software via email (and/or through our online support resources) for a period of twelve (12) months from your original purchase date of the Sonic Cascade Software (the "Support Period"). Technical support shall be limited to assistance with the installation, activation, and general operation of the Software and shall not include training, consulting, or custom development services.
b) Updates. We may from time to time in our sole discretion develop and provide software updates to the Sonic Cascade Software, which may include upgrades, bug fixes, patches and other error corrections and new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You must promptly download and install all Updates when made available, and you acknowledge that the Sonic Cascade Software may not properly operate if you fail to do so. Your receipt of any Updates will require internet connectivity, which is your sole responsibility.
9. Termination. To the fullest extent permitted by applicable law, Sonic Cascade reserves the right, without notice and in our sole discretion, to terminate or suspend your license to use the Sonic Cascade Software and to block or prevent your future access to and use of the Sonic Cascade Software, including where we reasonably consider that: (a) your use of the Sonic Cascade Software violates this EULA or applicable law; (b) you fraudulently use or misuse the Sonic Cascade Software; (c) your continued access or use of the Sonic Cascade Software poses a security or safety risk to you, other users, or the Sonic Cascade Software or Sonic Cascade Materials; or (d) we are unable to continue providing the Sonic Cascade Software to you due to technical or business reasons. For the avoidance of doubt, our right to terminate your license includes the ability to terminate or to suspend your access to and use of the Sonic Cascade Software, including any subscriptions on/via the Sonic Cascade Software. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) the Sonic Cascade Software, (ii) any term of this EULA, (iii) any policy or practice of Sonic Cascade in operating the Sonic Cascade Software, or (iv) any content or information transmitted through the Sonic Cascade Software, is to terminate your account and to discontinue use of any and all parts of the Sonic Cascade Software. You may terminate this EULA by deleting the Sonic Cascade Software and any copies thereof from your computer(s) and/or device(s).
10. Indemnification. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SONIC CASCADE, ITS AFFILIATED COMPANIES, AND EACH OF ITS RESPECTIVE CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, THIRD-PARTY SUPPLIERS, LICENSORS, AND PARTNERS (INDIVIDUALLY AND COLLECTIVELY, THE “SONIC CASCADE PARTIES”) FROM ANY CLAIMS, LOSSES, DAMAGES, DEMANDS, EXPENSES, COSTS, AND LIABILITIES, INCLUDING LEGAL FEES AND EXPENSES, ARISING OUT OF OR RELATED TO (a) YOUR ACCESS, USE, OR MISUSE OF THE SONIC CASCADE SOFTWARE; (b) ANY CONTENT YOU RECEIVE, ACCESS, USE, POST, STORE, OR OTHERWISE TRANSMIT IN OR THROUGH THE SONIC CASCADE SOFTWARE, INCLUDING THE USER CONTENT; (c) YOUR VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS, PRIVACY RIGHTS, OR ANY OTHER RIGHTS OF ANY THIRD PARTY; (d) ANY VIOLATION BY YOU, OR BY ANY OF YOUR EMPLOYEES, CONTRACTORS, OR AGENTS, OF THIS EULA; OR (e) ANY BREACH OF THE REPRESENTATIONS, WARRANTIES, AND COVENANTS MADE BY YOU HEREIN. YOU AGREE TO PROMPTLY NOTIFY THE SONIC CASCADE PARTIES OF ANY THIRD-PARTY CLAIM, AND SONIC CASCADE RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY SONIC CASCADE, AND YOU AGREE TO COOPERATE WITH SONIC CASCADE’S DEFENSE OF THESE CLAIMS. SONIC CASCADE WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.
11. Disclaimers; No Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE SONIC CASCADE SOFTWARE AND SONIC CASCADE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED; (B) THE SONIC CASCADE PARTIES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SONIC CASCADE SOFTWARE, THE SONIC CASCADE MATERIALS, AND ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) SONIC CASCADE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE SONIC CASCADE SOFTWARE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) SONIC CASCADE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS RELATING TO THE CONTENT, OR ANY PORTION OF THE SONIC CASCADE SOFTWARE; AND (E) SONIC CASCADE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SONIC CASCADE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOUR USE OF THE SONIC CASCADE SOFTWARE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SONIC CASCADE OR THROUGH THE SONIC CASCADE SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
12. Limitation of Liability and Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL SONIC CASCADE OR THE SONIC CASCADE PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SONIC CASCADE SOFTWARE, THE CONTENT OR THE SONIC CASCADE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM SONIC CASCADE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SONIC CASCADE’S RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SONIC CASCADE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SONIC CASCADE SOFTWARE AND/OR SONIC CASCADE MATERIALS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SONIC CASCADE SOFTWARE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, SONIC CASCADE SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
13. Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT SONIC CASCADE HAS OFFERED THE SONIC CASCADE SOFTWARE, SONIC CASCADE MATERIALS, AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THIS EULA IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SONIC CASCADE, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SONIC CASCADE. SONIC CASCADE WOULD NOT BE ABLE TO PROVIDE THE SONIC CASCADE SOFTWARE AND THE SONIC CASCADE MATERIALS TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
14. Applicable Law and Venue. To the fullest extent permitted by applicable law, you and Sonic Cascade agree that if you are an Organization or a consumer resident of a jurisdiction other than those in 14.e) below, the following governing law and arbitration provision applies:
a) PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH SONIC CASCADE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SONIC CASCADE.
b) You and Sonic Cascade agree to arbitrate any dispute arising from this EULA or your use of the Sonic Cascade Software and/or Sonic Cascade Materials, except that you and Sonic Cascade are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
c) You and Sonic Cascade agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Sonic Cascade shall be sent to: legal@soniccascade.com. You and Sonic Cascade further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Kane County, Illinois; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Kane County, Illinois have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of Illinois and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Sonic Cascade will not commence against the other a class action, class arbitration, or other representative action or proceeding.
d) The parties acknowledge that they are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
e) If you are a resident in any jurisdiction in which the provision in the section above is found to be unenforceable, then any disputes, claims, or causes of action arising out of or in connection with this EULA will be governed by and construed under the laws of your jurisdiction of residence, and shall be resolved by competent civil courts within your jurisdiction of residence.
f) Claims. YOU AND SONIC CASCADE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SONIC CASCADE SOFTWARE AND/OR SONIC CASCADE MATERIALS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15. Export Control. The Sonic Cascade Software may be subject to United States export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Sonic Cascade Software to, or make the Sonic Cascade Software accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Sonic Cascade Software available outside the United States.
16. Miscellaneous
a) Waiver. If we fail to exercise or enforce any right or provision of this EULA, it will not constitute a waiver of such right or provision. Any waiver of any provision of this EULA by us will be effective only if in writing and signed by the relevant party.
b) Severability. If any provision of this EULA is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from this EULA to the minimum extent necessary for enforcement and will not affect the validity and enforceability of any remaining provisions.
c) Assignment. This EULA, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Sonic Cascade without restriction. Any assignment attempted to be made in violation of this EULA shall be void.
d) Survival. Upon termination of this EULA, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 5, 7, 10, 11, 12, 13, 14, 15, and 16.
e) Entire Agreement. This EULA, which incorporates the Terms of Use and the Privacy Policy, is the entire agreement between you and Sonic Cascade relating to the subject matter herein and it supersedes all prior understandings and other communications between the parties relating to such subject matter.