- Legal
Terms of use
The short version. This summary is for convenience. The full terms below control.
- One license is for one person, on up to three Devices at a time.
- Your purchase includes every update within the Major Version you buy, on every platform and plugin format we release for it.
- You activate once, online. After that the Software works offline.
- You can have a refund within 14 days if you have not activated your License Key. There are no refunds after activation.
- Disputes are settled by individual arbitration, not in court or as a class, unless you opt out within 30 days. Section 16 explains how.
This agreement (the “Terms”) is between you and Jeffrey Terrel, doing business as Left on Market (“Left on Market”, “we” or “us”), 52 Sheridan St #5, San Francisco, CA 94103, United States. It covers each Left on Market software plugin that you license from us (each a “Product”; currently LyricBinder), in every plugin format we distribute for it, together with any accompanying components (the “Software”). By installing, activating or using the Software, you agree to these Terms. If you do not agree, do not install or activate the Software. If you have not activated it, you can ask for a refund (see section 6).
Section 16 contains an arbitration agreement and a class action waiver. They affect your legal rights, and the section explains how to opt out.
1. Key terms
- Software: each Product and its accompanying components, including any updates we provide to you under these Terms.
- License Key: the code we issue when you buy a license.
- Device: a computer on which the Software is installed and activated.
- Major Version: a release line of the Software, identified by the first number in its version number. Versions 1.0, 1.4 and 1.4.2 are all Major Version 1.
- Polar: the online platform (polar.sh) through which we sell licenses and issue License Keys.
2. Your license
Subject to these Terms and to payment, we grant you a personal, non-exclusive, non-transferable, revocable license to install and use the Software, in object code form, on up to three (3) Devices at a time, for your own music work, whether commercial or not.
One license is for one individual person. You may use it on your own computers, including a studio computer that you personally use. If several people will use the Software, such as a band, studio, school or company, each person needs their own license. Contact us if you need a license for a team.
Using the Software requires a valid, activated License Key. Our installers are publicly downloadable, but downloading or installing the Software does not give you a license to use it. Until it is activated, the Software stays locked.
3. License keys and activation
- Activate once per Device. Activation needs an internet connection once, on each Device. After that the Software works offline. The data sent during activation is listed in section 10.
- Three Devices. Each License Key can be active on up to three Devices at a time. To move the Software to a new computer, deactivate the old one first from inside the Software. If a Device is lost, broken or unavailable, you can free its slot yourself in the Polar customer portal (https://polar.sh/left-on-market/portal), or ask us for help at support@leftonmarket.com.
- Keep your License Key private. Do not share, post, publish or resell it. You are responsible for all use of the Software under your License Key. We may revoke a License Key that is shared publicly, used beyond its limits, obtained by fraud, refunded or charged back.
- No tampering. Do not tamper with, bypass or disable activation, license checks or the local activation record.
4. Purchase and price
You buy your license from Polar, which acts as the merchant of record. Polar takes your payment, collects and pays any sales tax or VAT that applies, and sends you your License Key. Your payment is also subject to Polar’s terms (https://polar.sh/legal/terms).
The price is the price shown at checkout. It is a one-time payment. There is no subscription and nothing renews automatically. An introductory discount or promotion applies only to purchases made while it is offered, and we do not adjust the price of an earlier purchase when prices or promotions change.
5. What your license includes
Your purchase includes:
- the version of the Software available when you buy;
- every update and new release within the same Major Version, at no extra charge, for as long as we release them; and
- every platform and plugin format (for example macOS and Windows, and VST3, Audio Unit and AAX) that we release for that Major Version, including ones we add after your purchase. A single License Key covers all of them.
Your license does not include a later Major Version. If we release one, we may offer it as a new product, as a paid upgrade (possibly at a reduced price for existing customers), or free of charge. Your license for the Major Version you bought does not expire. You can keep using it on your activated Devices, but we may stop releasing updates for it once a later Major Version is available.
6. Refunds
- Before activation. If you have not activated your License Key on any Device, you can ask for a full refund within 14 days of purchase. Email support@leftonmarket.com from the address you bought with, quoting your order details. We will refund the original payment method through Polar.
- After activation. Activation delivers the Software and unlocks it for use. No refund is offered once the License Key has been activated on any Device, even if you later deactivate it, uninstall it or stop using it. We may make an exception at our sole discretion.
- Your legal rights. This section does not limit any right you have under the law where you live that cannot be waived. If you are a consumer in the European Economic Area or the United Kingdom, you have a legal right to withdraw from a distance purchase within 14 days. By activating your License Key you ask us to deliver the digital content immediately and you acknowledge that, to the extent the law permits, you lose that right of withdrawal once activation begins.
- Chargebacks. Please contact us before disputing a payment with your card issuer so we can sort it out. A chargeback or other payment reversal revokes the License Key.
7. Restrictions
You may not:
- (a) redistribute, resell, sublicense, rent, lease or lend the Software or your License Key, or offer the Software to others as a hosted or online service;
- (b) use the Software on more Devices than your license allows, or use a copy that has not been activated with a valid License Key;
- (c) circumvent, disable or tamper with activation, license checks or license records, or generate or use License Keys that we did not issue to you;
- (d) reverse engineer, decompile or disassemble the Software, except to the extent that applicable law expressly permits despite this restriction; or
- (e) remove or alter any copyright, trademark or other proprietary notice.
8. Ownership and third-party software
The Software is licensed, not sold. We and our licensors keep all right, title and interest in the Software, including all intellectual property rights. This agreement gives you only the license described above.
The Software includes third-party components under their own licenses. Their notices are in the ThirdPartyNotices.txt file installed with the Software.
If you send us suggestions or feedback, we may use them freely and without obligation to you.
9. Your content
The Software displays text and data that you supply from your own local files or from services you connect, such as a Google Doc you choose to connect to LyricBinder. You are responsible for your content, for having the rights to use it, and for keeping your own backup of it. We claim no ownership of your content, and we do not receive it (see section 10).
LyricBinder does not write to your lyric file on its own. It never saves timing, section mapping or settings into your file. The one exception is edit mode: if you choose to edit a local lyric file inside LyricBinder, the changes you make are saved to that file, including automatically a moment after you stop typing. If you ask LyricBinder to create a new song file, it creates it where you choose. Back up your file before you edit it. Google Docs are always read-only, and LyricBinder cannot change them.
If you connect a third-party service such as Google, your use of that service is governed by its own terms and privacy policy, and we are not responsible for it or for its availability. You can disconnect in the Software at any time.
10. Privacy, network activity and analytics
Our Privacy Policy explains what we collect and why. In short, the Software connects to the internet in these ways:
- Activation. When you activate or deactivate a License Key, the Software sends Polar your License Key, a one-way hash of an identifier of your computer, your computer's name as set in your system settings, your operating system, and the Software's name and version. This is required to use the Software.
- Update checks. The Software asks GitHub for the latest published release. This cannot be turned off. It sends no identifier and nothing about your files, and it never downloads or installs anything by itself.
- Analytics. Optional, opt-in and anonymous, and off by default. When enabled, analytics never include your content or the contents of any file. You can turn them off at any time in the Software's settings.
- Services you connect. If you connect a service such as Google Docs, the Software talks to that service on your behalf. Document contents are read on your machine and are not sent to us.
11. Support, changes to the Software and live use
- Support. We provide support by email at support@leftonmarket.com. We make reasonable efforts to reply but do not promise a response time.
- Changes. We may add, change or remove features. We do not promise that the Software will work with every operating system, DAW, host version or third-party service, or continue to.
- Activation service. Activation relies on Polar, a third party. If that service changes or ends, we will make reasonable efforts to keep Devices you have already activated working.
- Backups and live use. The Software is a display and organizing tool. Do not rely on it as the only copy of your work, or as the only way a performer will see their words or cues in a live or time-critical situation. Keep your own copy of your files, especially before you edit one in the Software, and save your DAW projects. We are not responsible for lost data, lost edits, lost sessions or missed cues.
12. Disclaimer of warranty
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
Some places do not allow the exclusion of certain warranties, so parts of this section may not apply to you. In that case, the warranty is limited to the shortest period and the narrowest scope the law allows.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, REVENUE, SESSIONS OR PERFORMANCES, ARISING OUT OF OR RELATED TO THE SOFTWARE OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SOFTWARE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR YOUR LICENSE AND (B) US$50.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including liability for fraud or for death or personal injury caused by negligence, or any mandatory consumer right you have. These limits are a basic part of the bargain between us and reflect the price of the Software.
14. Term and termination
This agreement lasts until it is terminated. You can end it at any time by uninstalling the Software and deactivating your Devices. Ending it does not entitle you to a refund.
We may terminate this agreement and revoke your License Key immediately if you breach these Terms, share or misuse your License Key, circumvent activation, or obtain a refund or reverse a payment. On termination, your license ends and you must stop using the Software and delete all copies. Because the Software works offline after activation, we cannot always switch it off technically, but your right to use it ends all the same.
Sections on ownership, disclaimers, limitation of liability, governing law, dispute resolution and anything else that by its nature should continue will survive termination.
15. Governing law
These Terms are governed by the laws of the State of California and applicable US federal law, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply. If you are a consumer, you also keep the protection of any mandatory consumer laws of the place where you live.
16. Resolving disputes: arbitration and class action waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO GO TO COURT AND TO BRING OR JOIN A CLASS ACTION.
- Talk to us first. Before starting a formal proceeding, email support@leftonmarket.com with the subject "Notice of Dispute", your name, the email address you bought with, and a description of the problem and what you want. We will both try in good faith to settle it within 30 days.
- Binding arbitration. If we cannot settle it, any dispute, claim or controversy arising out of or relating to these Terms or the Software, including whether it can be arbitrated, will be resolved by final, binding arbitration instead of in court, except as stated below. The arbitration is administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules if you are an individual, or its Commercial Arbitration Rules otherwise, both available at adr.org. The Federal Arbitration Act governs this section. The arbitrator applies California law and may award the same individual relief a court could.
- How it works. The arbitration can be held by video, by phone or on written submissions. If an in-person hearing is needed, it will be held in the county where you live or in San Francisco, California, as the arbitrator decides. You pay only the filing fee set by the AAA's consumer fee schedule. We pay the remaining AAA fees and the arbitrator's compensation.
- What is not covered. Either of us may bring an individual claim in small claims court if it qualifies. Either of us may go to court to stop infringement or misuse of intellectual property, including the Software and License Keys.
- No class actions. To the fullest extent the law permits, each of us may bring claims only on an individual basis, not as a plaintiff or class member in any class, collective, consolidated or representative action, and the arbitrator may not combine claims of more than one person. If this waiver is found unenforceable for a claim, that claim will go to court instead, and the remaining claims will still be arbitrated. Nothing here stops you from seeking public injunctive relief in court to the extent the law does not allow it to be waived.
- You can opt out. You may opt out of arbitration and of the class action waiver within 30 days of purchasing your license (or of first accepting these Terms, if later) by emailing support@leftonmarket.com with the subject "Arbitration opt-out" and the name and email address you bought with. Opting out does not affect any other part of these Terms. If you opt out, or if this section does not apply to you, disputes will be heard in the state or federal courts located in San Francisco County, California, and you and we consent to those courts.
- Where the law does not allow this. If you live in the European Economic Area, the United Kingdom or another place where mandatory consumer law does not allow binding arbitration, a class action waiver or a choice of court, this section applies only to the extent the law allows, and you keep the right to bring a claim in the courts of the place where you live.
- Changes. If we change this section, the change does not apply to a dispute you gave us notice of before the change.
17. Changes to these Terms
We may update these Terms. The current version is always at https://leftonmarket.com/terms/, with its date at the top. Updates apply to new purchases and to new versions of the Software from the date they are posted. If a change materially reduces your rights for a version you already licensed, we will give you notice (for example in the release notes or on our website) at least 30 days before it applies to you. If you do not agree to an update, you can keep using the version you already have under the Terms you accepted when you installed it.
18. General
- Entire agreement. These Terms are the entire agreement between you and us about the Software and replace any earlier agreement about it, including any earlier version of the Terms.
- Severability and waiver. If a part of these Terms is unenforceable, the rest stays in effect. If we do not enforce a right, we have not given it up.
- Transfer. You may not transfer your license or these Terms to anyone else. If you sold your music business or need to move a license to someone else, contact us and we will consider it. We may transfer these Terms in connection with a sale or merger of our business.
- Export and government users. You must follow applicable export laws and may not use the Software in a country or by a person where US law prohibits it. The Software is commercial computer software, and US government users get only the rights given to other customers.
- Language and notices. The English version of these Terms controls. We may give you notice by email, in the Software or on our website.
19. Contact
Questions about these Terms: support@leftonmarket.com
Jeffrey Terrel, doing business as Left on Market, 52 Sheridan St #5, San Francisco, CA 94103, United States