End User License Agreement
1. Acceptance & scope
This End User License Agreement (the "Agreement") is a legal agreement between you ("you") and Philipp Thioune, trading as Tuff Nerds, an independent creator based in Japan ("Tuff Nerds", "we", "us", "our"). It governs your installation and use of the Software (defined below).
By downloading, installing, copying, activating, or using the Software, you accept this Agreement. If you do not accept it, do not install or use the Software; if you have already purchased, you may request a refund as described in our Refund Policy. If you accept this Agreement on behalf of another person or an organization, you confirm that you have authority to bind them, and "you" includes them.
You must be old enough to enter into a binding contract where you live (or have a parent or legal guardian agree on your behalf). This Agreement works together with our Terms & Conditions, Refund Policy, and Privacy Policy. If there is a direct conflict concerning the Software specifically, this Agreement prevails.
2. Definitions
- "Software" means the LEADR software instrument in any format (including VST3 and, on macOS, Audio Unit), its installer, documentation, artwork, and updates, together with the Sounds.
- "Sounds" means the one-shots, samples, loops, instruments, textures, presets, and other audio or sound-design content included with or delivered for use in the Software.
- "License Key" means any key, code, account entitlement, or other mechanism used to activate or verify your license.
- "Your Works" means musical or audiovisual productions you create that incorporate output of the Software (for example songs, beats, scores, performances, and videos containing them).
3. License grant
Subject to your compliance with this Agreement and payment of the applicable fee, we grant you a personal, worldwide, non-exclusive, non-transferable, non-sublicensable license (revocable as set out in this Agreement) to:
- install and use the Software on devices you own or control, up to the number of seats or activations stated at purchase or, if none is stated, for your own reasonable personal use as a single user;
- make one copy of the installer for backup purposes, keeping all notices intact; and
- use the Software to create, perform, record, and release Your Works, for personal or commercial purposes.
The Software is licensed, not sold. This license is for you as the purchaser: it may not be shared with, transferred to, or resold to anyone else, whether as a "used license" or otherwise. If several people need to use the Software (for example in a shared studio, school, or company), each user needs their own license.
4. License restrictions
Except to the extent a restriction cannot lawfully be applied to you, you must not, and must not permit or help anyone else to:
- copy (except as expressly allowed), sell, resell, rent, lease, lend, sublicense, distribute, host, or otherwise transfer or make available the Software, the installer, the Sounds, or your license;
- share, publish, sell, or transfer License Keys or account credentials, or obtain or generate keys other than through a legitimate purchase;
- provide access to the Software over a network, as a hosted or remote service, or on shared machines that let unlicensed users operate it;
- reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, or assets of the Software, except to the limited extent that applicable law expressly permits this despite this restriction;
- modify, adapt, translate, or create derivative works of the Software (this does not restrict Your Works);
- circumvent, disable, tamper with, or interfere with licensing, activation, copy-protection, or security features;
- remove, alter, or obscure any copyright, trademark, or other proprietary notices;
- use the Software or the Sounds to build, train, improve, or provide content for a competing product, plugin, instrument, sample library, or preset product, except for meaningfully transformed sounds as expressly allowed in Section 5; or
- use the Software in any unlawful way or in breach of any third party's rights.
5. Sounds, presets & your music
What you get. You receive a royalty-free, worldwide, perpetual license to use the Sounds within Your Works, commercially or non-commercially. You may release, distribute, stream, sell, perform, broadcast, and synchronize Your Works without paying us any further fee or royalty and without credit (credit is appreciated, never required). We claim no rights in Your Works. The Sounds are either owned by Tuff Nerds or licensed to us by their creators; in every case, your rights to use them come solely from this Agreement.
Making your own kits and packs. You may also create and release your own drum kits, sample packs, sound packs, and similar sound products that contain sounds you made from the Sounds, on one condition: every included sound must be meaningfully transformed first. A sound is meaningfully transformed when it has been crafted, edited, layered, resampled, re-pitched, or otherwise processed (for example with LEADR's own crafting and editing tools) so that the result is a new sound that is materially different in character from the original and could not reasonably serve as a replacement for the original Sound or any part of the included library. Renaming, format conversion, trimming, or minor volume or EQ changes are not transformation.
What stays off-limits. You must not:
- export, redistribute, sell, share, or make available the Sounds in raw or substantially unmodified form, individually or as a collection, whether free or paid, including as or in any sample pack, loop pack, preset pack, drum kit, sound library, construction kit, expansion, or content for another instrument, sampler, synthesizer, plugin, or sound-design tool;
- make raw or substantially unmodified Sounds available as standalone downloadable or extractable files, including via cloud folders, communities, or file-sharing;
- release a work that consists essentially of one or more Sounds in isolated, substantially unmodified form (for example uploading a bare one-shot or preset render as a "track");
- present or market a product made under this section in a way that suggests it is an official LEADR or Tuff Nerds product, or use our names or logos on it without our prior written consent (see Section 6); or
- use the Software or the Sounds, in original or processed form, to train, fine-tune, or otherwise develop any machine-learning or generative-AI model, dataset, or service, or submit them to any service that acquires rights in uploaded audio (this restriction applies even to transformed sounds).
In short: you can craft the Sounds into new sounds and sell those, but you cannot pass on the source library itself, in whole or in part. If you are unsure whether a planned use is allowed, email support@tuffnerds.net before doing it, and we will tell you.
6. Ownership & feedback
The Software and all intellectual-property rights in it, including its code, interface, artwork, the Sounds, and the LEADR and Tuff Nerds names and logos, are and remain the property of Tuff Nerds and its licensors. Nothing in this Agreement transfers ownership of the Software to you, and no rights are granted by implication. All rights not expressly granted are reserved. You may not use the LEADR or Tuff Nerds names or logos to endorse or promote products or services without our prior written consent.
If you send us suggestions, ideas, or feedback about the Software, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use them for any purpose, without obligation to you. This does not apply to Your Works.
7. License keys, activation & revocation
Activation and license management may be handled by a third-party provider (currently Moonbase). First-time activation requires an internet connection, and the Software may remain silent or limited until activated. Keep your License Key and account credentials secure; you are responsible for activity under them. We may use reasonable technical measures to verify licenses and enforce seat limits.
We may suspend or revoke a License Key, without prejudice to other remedies, where the associated payment is refunded, reversed, or charged back; where the key was obtained fraudulently, generated, leaked, or resold; or where this Agreement is materially breached. If your license is revoked following a refund or chargeback, you must uninstall the Software and delete all copies of it and of the Sounds.
8. Updates & changes
We may release updates, fixes, or new versions from time to time, and we may change, add, or remove features. Unless an update comes with its own terms, this Agreement applies to it. We are not obligated to provide updates or maintain compatibility with any particular operating system, host, or DAW indefinitely. Any pre-release, beta, or experimental features are provided strictly "as is" and may change or disappear without notice.
9. Third-party components
The Software may include third-party or open-source components that are licensed under their own terms. Those terms apply to those components, and where their licenses require it, the corresponding notices and license texts are included with the Software, its installer, or its documentation. Nothing in this Agreement limits your rights under those third-party licenses.
10. Purchases, refunds & withdrawal
Purchases are sold and processed by our merchant of record, Moonbase, which is the seller of record and handles payment, billing, invoices, taxes, and approved refunds. Refunds and cancellations are governed by our Refund Policy.
Because the Software is digital content delivered instantly, where you have a statutory right of withdrawal you agree that supply begins immediately upon purchase and download, and you acknowledge that this may end the withdrawal right once the download or activation has begun, to the extent permitted by the law that applies to you. Nothing in this section limits rights that cannot be waived under mandatory consumer law.
11. Privacy
Purchasing, activating, and (where offered) creating an account involve processing of personal data by us and by Moonbase as described in our Privacy Policy and Moonbase's own privacy policy. The Software itself does not sell your personal data.
12. Support
We provide reasonable email support in English at support@tuffnerds.net and aim to reply within a few business days. We do not promise any particular response time, resolution, or service level, and support does not extend to modified installations, unsupported systems, or issues caused by third-party software.
13. No warranty
To the fullest extent permitted by law, the Software is provided "as is" and "as available", without warranties of any kind, express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement, and any warranties arising from course of dealing or usage. We do not warrant that the Software will be uninterrupted, error-free, or free of harmful components, or that it will work with every operating system, host application, DAW, or hardware setup, now or in the future. You are responsible for evaluating the Software (including with the published system requirements) and for backing up your projects and data. Some jurisdictions do not allow certain warranty exclusions, so parts of this section may not apply to you.
14. Limitation of liability
To the fullest extent permitted by law: (a) we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, business, goodwill, data, or projects, however caused and under any theory of liability, even if advised of the possibility; and (b) our total aggregate liability for all claims arising out of or relating to the Software or this Agreement will not exceed the amount you paid for the Software in the twelve (12) months before the event giving rise to the claim.
Nothing in this Agreement excludes or limits liability that cannot be excluded or limited under applicable law, including, where applicable, liability for intentional misconduct or gross negligence, for death or personal injury caused by negligence, or your mandatory consumer rights. In jurisdictions that do not allow some of the above exclusions, our liability is limited to the greatest extent permitted.
15. Indemnification
To the extent permitted by the law that applies to you, you agree to indemnify and hold Tuff Nerds harmless from claims, damages, and reasonable costs (including legal fees) brought by a third party to the extent arising from your breach of this Agreement or your unlawful use of the Software. This section does not apply to the extent it is unenforceable against consumers where you live.
16. Term & termination
This Agreement applies from the moment you first download, install, or use the Software and continues until terminated. It terminates automatically, without notice, if you materially breach it, and it terminates when your license is revoked under Section 7. You may terminate it at any time by deleting all copies of the Software.
Upon termination, your rights under Section 3 end and you must stop using the Software and delete all copies, including the Sounds. Your Works survive: works you created and released in compliance with this Agreement before termination keep their Section 5 license, which continues for those works. Sections 4 to 6, 9, 11, and 13 to 20 also survive termination.
17. Export & sanctions
You must comply with any export-control and sanctions rules that apply to you, and you confirm that you are not barred from receiving software under the laws of your country or any applicable sanctions regime.
18. Governing law & disputes
This Agreement and any dispute arising from it are governed by the laws of Japan, without regard to its conflict-of-laws rules, and the United Nations Convention on Contracts for the International Sale of Goods does not apply. The competent courts of Japan have jurisdiction, except that this does not deprive you, as a consumer, of the protection of mandatory rules, or of the right to bring or defend proceedings in the courts of the country where you live, where the applicable law gives you that right. Before starting any formal dispute, please email support@tuffnerds.net so we can try to resolve it informally first.
19. Your consumer rights
If you are a consumer, you have rights under the mandatory consumer-protection law of the place where you live, and nothing in this Agreement limits, excludes, or replaces those rights. Where any provision of this Agreement conflicts with a mandatory consumer right, that right prevails.
20. General
- Entire agreement. This Agreement, together with the documents it references (including the Terms & Conditions, Refund Policy, and Privacy Policy), is the entire agreement about the Software and replaces any prior statements about it.
- Severability. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions stay in full effect.
- No waiver. Our not enforcing a provision is not a waiver of it.
- Assignment. You may not assign or transfer this Agreement or your license. We may assign this Agreement as part of a transfer of the LEADR product or our business; your rights under it are unaffected.
- Changes. We may update this Agreement for new versions of the Software or for legal reasons. The version that applies to you is the one in effect when you acquired your license (or accepted an update that comes with new terms). The current version is always published at tuffnerds.net/eula/.
- Language. This Agreement is drafted in English. If it is translated, the English version controls to the extent permitted by law.
- Headings are for convenience only.
21. Contact
Tuff Nerds (Philipp Thioune) · Japan
support@tuffnerds.net · Operator details in the Legal Notice.