top of page

​

TERMS OF USE

1. Introduction and acceptance

Welcome to A.L., owned and operated by Orthogonal Art and Science, LLC, dba Newfangled Audio ("NFA," "we," "us"). A.L. consists of the A.L. Licensing System, the account system used to claim, activate and manage licenses for NFA audio plug-ins.

 

These Terms of Use protect the legal interests of NFA, you as our users, and our third party vendors.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY CREATING AN A.L. ACCOUNT, ACCESSING OR USING THE WEBSITES OR THE A.L. APPLICATIONS, CLAIMING A LICENSE CODE, PURCHASING PRODUCTS OR SUBSCRIPTION SERVICES, OR CLICKING THAT YOU AGREE WHEN PROMPTED BY NFA, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD NOT INSTALL OR USE THIS SOFTWARE AND YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THE PRODUCT.

 

2. Definitions

  • "A.L." — the A.L. platform, comprising the A.L. Licensing System, together with the A.L. account and related websites.

  • "A.L. Licensing System" — the account, license code, activation and license management service described in §§5–8.

  • "A.L. Account" — the account required to use either component.

  • "Websites" — newfangledaudio.com, al.audio, and any other website we operate that links to these Terms.

  • "Plug-Ins" — NFA audio plug-in software products.

  • "License Code" — a code sold by us or by an authorized distributor that, once claimed in an A.L. Account, creates a license to a Plug-In.

  • "Authorized Distributor" — a reseller we authorize to sell License Codes (currently Eventide, Plugin Boutique and XChange).

  • "Merchant of Record" — the authorized reseller that sells and bills for purchases made in our online store.

  • "NFA Materials," "User Content," "Products," "Services" — as defined in the sections below.

 

3. Our Services

These Terms of Use apply to your use of and access to A.L., NFA, their components and services, including subscription services (collectively "Services"), and your use or purchase of applications, plug-ins, add-ons and other software (collectively "Products"), and are expressly conditioned upon your agreement to these Terms of Use. If you do not consent to these Terms of Use, you are not permitted to use A.L. or any NFA Services. If you access the Services on behalf of a company or other entity, you warrant that you are an authorized representative of such company or entity with the right to bind such company or entity to these Terms of Use.

Age. The Services are not targeted towards, nor intended for use by, anyone under the age of 18.

Changes to these Terms. NFA reserves the right to change, modify, revise or otherwise amend any provision of these Terms of Use at any time at its sole discretion by providing notice that the Terms of Use have been modified. For holders of an A.L. Account, we will give notice by requiring acceptance of the revised Terms at next sign-in, in addition to posting the revised Terms. Your continued use of the Services following notice will constitute your acceptance of such changes.

 

4. A.L. Accounts

  • An A.L. Account is required to claim a License Code and activate a Plug-In.

  • Accounts are for a single person or entity. You are responsible for keeping your credentials confidential and for activity under your account.

  • You agree to provide accurate registration information and keep it current.

  • We may suspend or terminate an account as set out in §16.

 

5. Website use

You may use the Websites for browsing, purchasing, support and account management. You may not scrape or bulk-download content, interfere with the Websites' operation or security, use automated means to access them other than ordinary search engines, or use them for any unlawful purpose. We try to keep product descriptions, system requirements and prices accurate, but we don't warrant that they are complete or error-free, and we may correct errors and change or discontinue content at any time.

 

6. NFA Materials and intellectual property

The NFA Services and all images, software, Products, tools, graphics, data, text, code, the NFA trademarks (including "A.L.") and other content and materials available in connection with the Services (excluding "User Content" as described below) and the selection and arrangement thereof (collectively, the "NFA Materials") are the property of NFA or its third party licensors and are protected by United States and international intellectual property laws.

NFA hereby grants you a limited, non-transferable, non-sublicensable, revocable license to access and use the NFA Materials solely in accordance with these Terms of Use. Licenses to Plug-Ins are granted separately under §6 and are not revocable except as stated there. Except for the limited licenses granted hereunder, NFA reserves all rights not expressly granted and no such additional rights may be implied.

You acknowledge that (i) all right, title and interest in and to the NFA Materials, including all patents, copyrights, trade secrets, trademarks and other proprietary rights embodied therein or associated therewith, are and will remain with NFA or its third party licensors; (ii) no right or interest in the NFA Materials is conveyed other than the limited licenses granted herein; (iii) the NFA Materials are protected by copyright and other intellectual property laws; and (iv) NFA asserts that the NFA Materials embody valuable confidential and secret information of NFA or its licensors, the development of which required the expenditure of considerable time and money.

The rights granted to you in these Terms of Use are subject to the following restrictions: (a) you may not license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Product , except as expressly permitted for Plug-In licenses under §6; (b) you may not modify, make derivative works of, reverse compile or reverse engineer any part of the Product , except to the extent applicable law expressly permits notwithstanding this restriction; (c) you may not access the NFA Materials in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the NFA Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to the functionality of the NFA Materials is subject to the terms of these Terms of Use. All copyright and other proprietary notices on any content on the NFA Materials must be retained on all copies thereof for copies which you have been authorized by NFA to make.

 

7. Plug-In licenses

   7.1 Grant. Subject to these Terms, when you claim a License Code in your A.L. Account, NFA grants you a perpetual, non-exclusive, non-sublicensable license to install and use that Plug-In, in accordance with the license type purchased. Plug-Ins are licensed, not sold.

   7.2 Activations. A license may be activated on up to the number of computers at one time that is defined in the license terms. You may deactivate an activation in your A.L. Account and move it to another computer.

   7.3 License types.

  • Perpetual license — as above.

  • Trial — a time-limited license for evaluation, which expires automatically.

  • Beta / pre-release — provided as-is, may be time-limited, may be withdrawn, and is not refundable.

  • NFR (not for resale) / promotional — may not be sold or transferred, and is not refundable.

  • Upgrade / crossgrade — an upgrade replaces the license it upgrades; a crossgrade is priced on the basis of a qualifying license you already hold. See §9 for what happens if either is refunded.

  • Bundle — a set of Plug-In licenses sold together.

   7.4 Transfers. You may transfer a perpetual Plug-In license to another A.L. Account once the refund period §9 has expired. Trials, betas and NFR licenses may not be transferred.

   7.5 Restrictions. You may not share License Codes or account credentials, circumvent or tamper with license enforcement, or use a Plug-In beyond the activations allowed. §5's restrictions otherwise apply, including the reverse-engineering carve-out.

   7.6 Your audio is yours. NFA claims no ownership of, and no license to, the audio, presets or musical works you create using the Plug-Ins. (See §11 for the related statement on AI training.)

   7.7 Updates and support. Updates may be provided at our discretion. Nothing in these Terms obliges us to provide updates, new versions, or support for any period.

   7.8 Export and sanctions. You acknowledge that the laws and regulations of the United States restrict the export and re-export of the software and documentation. You agree the software will not be exported or re-exported without the appropriate U.S. or foreign government licenses, and will not be exported into any country subject to U.S. embargo or to any sanctioned party.

   7.9 U.S. Government end users. The software and documentation were developed at private expense and are commercial computer software and commercial computer software documentation. If you are a U.S. Government agency or its contractor, pursuant to FAR §12.212(a) and/or DFARS §227.7202-1(a) and their successors, as applicable, use, duplication or disclosure by the Government is subject to the restrictions set forth in this Agreement.

   7.10 Third-party software. Plug-Ins may include third-party or open-source components, listed in the documentation or the About screen, and licensed under their own terms.

 

8. License Codes and Authorized Distributors

  • Plug-Ins may be purchased from our online store or from an Authorized Distributor. In both cases you receive a License Code, which you claim in your A.L. Account.

  • A License Code may be claimed once, by one A.L. Account. The code itself is not a license; claiming it creates the license under §6.

  • An unclaimed License Code may be given or resold to another person. Once claimed, §6.4 governs transfers.

  • We may refuse to honor, and may void, a License Code that was obtained from an unauthorized seller or that is the subject of a refund, chargeback or fraud, and we may deactivate any license claimed with it.

  • License Codes do not expire.

  • Purchases from an Authorized Distributor are made from that distributor, on their terms, including their refund policy. Our refund policy (§9) applies only to purchases from our own store.

 

9. Purchases and payment

Payments for purchases made through our online store are processed by our Merchant of Record which is the authorized reseller for those transactions. The Merchant of Record is responsible for the transaction, including charging your payment method, calculating and collecting applicable taxes, processing refunds and chargebacks, and payment security. Payment methods and currencies available at checkout are determined by the Merchant of Record and may vary by region. Your purchase is also subject to the Merchant of Record's own buyer terms and privacy policy.

Prices are subject to change. We reserve the right to correct errors in pricing, and to refuse or limit any order, including orders that appear to be placed by dealers or resellers.

10. Refunds

14-day refunds. You can get a refund for any Product you bought directly from the Newfangled Audio online store within 14 days of purchase, for any reason, using the refund button in your A.L. Account. Each item in an order can be refunded separately.

What happens when you get a refund: The license for the refunded item ends immediately, and all of its activations, including any activations remaining on offline computers, are void. Continued use of a refunded Product on any machine is not permitted, and any such use is unlicensed. If you refund an upgrade, your license returns to the version you owned before the upgrade. A license that has been upgraded can't be refunded until the upgrade has been refunded.

Crossgrades. If you used a license to get crossgrade pricing on another Product and then refund that license, your refund is reduced by the crossgrade discount you received, being the difference between the full price of the Product you crossgraded to and what you paid for it. For example, if you paid $149 for Product A, then crossgraded to Product B for $79 instead of its $199 full price, refunding Product A returns $29. Refunds are never less than $0.

Not eligible for refund:

  • licenses that have been transferred to another person (transferring a license ends its refund eligibility);

  • beta licenses and NFR (not-for-resale) licenses;

  • purchases from Authorized Distributors such as Eventide, Plugin Boutique or Xchange; please contact the retailer you bought from.

Fair use. We keep this policy simple and generous and ask that it be used in good faith. We may decline a refund, or remove refund eligibility for future purchases on an account, if we reasonably determine the policy is being abused; for example, repeatedly buying and refunding the same or similar Products, or refunds connected to fraud, chargebacks or sharing License Codes. If we decline a request, we will tell you why, and you can ask support to review the decision. Every Product has a free trial, so you can try it fully before you buy.

After 14 days. Refunds requested more than 14 days after purchase are at the discretion of NFA or our Merchant of Record.

No waiver. If we do not enforce any part of this policy in a particular case, that does not waive our right to enforce it later or in other cases, and does not make any part of this policy void.

Your legal rights. Nothing in this policy limits any rights you have under applicable consumer protection law, including any statutory right to withdraw from a purchase.

 

11. Third Party Services

NFA may make third party content and services available on or through the Services ("Third Party Services") solely as a convenience to its users, or because a user posted it or made it accessible.

NFA does not indicate affiliation, approval, or control of any Third Party Services by making such Third Party Services available. NFA makes no claim or representation regarding, and accepts no responsibility for, the quality, accuracy, nature, ownership or reliability of Third Party Services.

YOUR USE OF ANY THIRD PARTY SERVICES IS SOLELY AT YOUR OWN RISK AND SUBJECT TO THE THIRD PARTY TERMS AND CONDITIONS AND THIRD PARTY PRIVACY POLICIES APPLICABLE TO SUCH THIRD PARTY SERVICES.

 

12. Availability, changes and discontinuation

NFA reserves the right, at any time, to modify, suspend or discontinue the Services or any part thereof. NFA may immediately suspend or discontinue the NFA Materials without notice to (i) comply with any applicable law or regulatory or other governmental order, or (ii) minimize NFA's legal exposure to a third-party threat.

 

13. Disclaimer of warranties

THE A.L. SERVICES, PRODUCTS, AND NFA MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NFA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

NFA DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, PRODUCTS AND NFA MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICES, ITS SERVERS OR EMAIL SENT FROM NFA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NFA ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SERVICES.

 

14. Limitation of liability

IN NO EVENT WILL NFA OR ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT 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 OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, THE PRODUCTS, THE USER CONTENT OR THE NFA MATERIALS.

IN NO EVENT WILL THE AGGREGATE LIABILITY OF NFA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EXCEED THE COMPENSATION YOU PAY, IF ANY, TO NFA FOR ACCESS TO OR USE OF THE SERVICES OR FOR THE PURCHASE OF PRODUCTS.

CERTAIN STATE LAWS AND CONSUMER PROTECTION LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

 

15. Indemnity

You agree to defend, indemnify and hold harmless NFA and its affiliates and subsidiaries, and their independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including reasonable attorneys' fees) arising out of or related to (i) any User Content you use, store, post or otherwise transmit on or through the Services; (ii) your use of or inability to use the Services, the User Content, the NFA Materials or the Products; (iii) the licensing of your content to third parties through the Services; or (iv) your conduct, violation of these Terms of Use, or violation of the rights of any third party.

 

16. Governing law and disputes

These Terms of Use and your use of the Services are governed by the laws of the State of New Jersey, without regard to its conflict of law provisions, and excluding the United Nations Convention on Contracts for the International Sale of Goods.

Before starting any legal proceeding, you and NFA agree to notify the other in writing of the dispute and to try in good faith to resolve it for at least sixty (60) days. Notice to NFA goes to support@newfangledaudio.com. This step does not apply to claims for injunctive or equitable relief to protect intellectual property, which either party may bring at any time.

Any claim arising out of or relating to these Terms of Use or the Services that is not resolved informally shall be brought exclusively in the state or federal courts located in Union County, New Jersey, and you and NFA consent to the personal jurisdiction of those courts. Either party may instead bring an individual claim in small claims court in its own jurisdiction, if the claim qualifies.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND NFA EACH WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND NFA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING.

If you are a consumer in the European Union, United Kingdom or another jurisdiction whose laws give you the right to bring claims in your local courts or under your local law, nothing in this section takes that right away. EU consumers may also use the European Commission's online dispute resolution platform.

To the extent permitted by law, any claim must be brought within one (1) year after it arose.

 

17. Feedback

We welcome feedback from our users regarding ideas and suggestions for improvements. NFA will be entitled to use any such feedback without restriction, even if you designate it as confidential. You hereby grant NFA a royalty-free, sublicensable, transferable, perpetual, irrevocable license in and to any feedback to use in any matter related to the operation of our business.

 

18. International users

NFA is located in the State of New Jersey in the United States of America. You are responsible for compliance with all applicable laws, rules and regulations applicable to your use of the Services outside of the United States. Where you purchase from our online store, the seller of record is our Merchant of Record, and mandatory consumer protection laws of your country of residence may apply to that purchase.

 

19. General

Severability. If any provision of these Terms of Use is held invalid or unenforceable, the other provisions remain in full force and effect, and, if legally permitted, the offending provision will be replaced with an enforceable provision that as nearly as possible effects the parties' intent.

Assignment. These Terms may not be assigned by you without NFA's prior written consent. NFA may assign all or part of the ownership of the Products and Services without consent in connection with a change in control or sale of a majority of NFA's assets or outstanding voting securities related to the Product.

Survival. Terms which by their nature are intended to survive termination (including indemnification, warranty disclaimer, dispute resolution and limitation of liability) will survive.

No waiver. Our failure to enforce any provision of these Terms in a particular case does not waive our right to enforce it later or in other cases, and does not render it void.

Entire agreement and order of precedence. These Terms, together with the A.L. Privacy Policy and any product-specific terms we post, are the entire agreement between you and NFA. If there is a conflict, product-specific terms control for that product; otherwise these Terms control.

 

20. Contact

If you have any questions about these Terms of Use, you can contact us by email at support@newfangledaudio.com.

Orthogonal Art and Science, LLC, dba Newfangled Audio

bottom of page