END USER LICENSE AGREEMENT

Product: Herbistry Audio Effector (the "Software")
Licensor: Herbistry LLC, a Wyoming limited liability company
Version 1.0 - Last updated: June 25, 2026

PLEASE READ THIS AGREEMENT CAREFULLY. This End User License Agreement (this "Agreement") is a binding legal contract between you ("you" or "Licensee") and Herbistry LLC ("Herbistry," "we," "us," or "our"). By downloading, installing, activating, or using the Software, you agree to be bound by this Agreement. If you do not agree, do not download, install, activate, or use the Software.

THIS AGREEMENT LIMITS OUR LIABILITY AND ALLOCATES RISK TO YOU. PLEASE READ SECTIONS 11 (WARRANTY DISCLAIMER), 12 (LIMITATION OF LIABILITY), AND 13 (INDEMNIFICATION) CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS.

1. Acceptance and Eligibility

By installing or using the Software you represent that: (a) you are at least 18 years of age, or the age of legal majority where you live, and able to form a binding contract; (b) you are not barred from receiving the Software under the laws of the United States or any other applicable jurisdiction; and (c) you will use the Software only in compliance with this Agreement and all applicable laws.

2. Definitions

- "Software" means the Herbistry Audio Effector plug-in for Final Cut Pro, Motion, and any other supplied formats, including its components, presets, templates, user interface, and any updates, upgrades, or bug fixes we make available, together with any accompanying documentation.
- "License Key" means any serial number, activation code, license file, or other credential supplied to unlock the full version of the Software.
- "Trial Version" means any version of the Software made available without charge for evaluation, which may include functional limitations such as a visible watermark.
- "Documentation" means any user guides, readme files, or instructions we provide for the Software.

3. License Grant

Subject to your compliance with this Agreement, Herbistry grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software on computers that you own or control, for your own video and motion-graphics production purposes, whether personal or commercial. This is a license, not a sale. The license is personal to the original purchaser; except as required by applicable law, the Software and any License Key may not be sold, assigned, transferred, gifted, sublicensed, or inherited, in whole or in part, without Herbistry's prior written consent. Herbistry reserves all rights not expressly granted.

4. Free Trial

We may make a Trial Version available at no charge so you can evaluate the Software. The Trial Version may impose limitations, including a visible watermark on rendered output or other restrictions, and is licensed to you for evaluation only. The Trial Version is provided strictly "AS IS" and is not licensed for use in any commercial, broadcast, or publicly distributed work until you purchase a valid License Key and unlock the full version. You agree not to circumvent, disable, or remove any trial limitation or watermark.

Pre-release versions. Any alpha, beta, preview, early-access, or other pre-release version of the Software is made available solely for evaluation and testing, may contain defects, errors, or incomplete or changing features, and may be modified or withdrawn at any time. Any such version is provided strictly "AS IS" without warranty of any kind, is not intended for use in any production, commercial, broadcast, or publicly distributed work, and is subject to the disclaimers and limitations in Sections 11 and 12.

5. License Restrictions

You shall not, and shall not permit any third party to:

(a) sell, rent, lease, lend, sublicense, distribute, transfer, or otherwise make the Software or any License Key available to any third party;

(b) copy the Software except for a single reasonable backup, or reproduce it for distribution;

(c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying structure of the Software, except to the limited extent that applicable law expressly permits despite this restriction;

(d) modify, adapt, translate, or create derivative works of the Software, or remove, alter, or obscure any copyright, trademark, or other proprietary notice;

(e) circumvent, disable, or defeat any License Key check, trial limitation, watermark, or technical protection measure;

(f) use the Software to develop a competing product, or to train, fine-tune, or build a machine-learning model intended to replicate the Software's behavior; or

(g) use the Software for any unlawful, infringing, deceptive, or harmful purpose, including to infringe any copyright, trademark, publicity, privacy, or other right of any person, to commit or facilitate fraud, or to harass, threaten, defame, or stalk any person, or in any manner prohibited by law.

License Key enforcement and anti-piracy. Herbistry reserves the right to suspend, revoke, deactivate, replace, or invalidate any License Key that it reasonably believes has been shared, distributed, resold, compromised, leaked, or used in violation of this Agreement, with or without notice. Herbistry further reserves all rights and remedies available at law or in equity against any unauthorized copying, distribution, activation, circumvention, or use of the Software, and may investigate and take appropriate action regarding any alleged copyright infringement, unauthorized distribution, or other misuse of the Software.

6. Ownership and Intellectual Property

The Software is owned by Herbistry and its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. "Herbistry" and "Herbistry Audio Effector" and associated logos are trademarks of Herbistry LLC. Except for the limited license granted in Section 3, this Agreement transfers no ownership or intellectual property rights to you.

7. Third-Party and Open-Source Components

The Software may include third-party or open-source components that are licensed under their own terms. Those terms are provided in the accompanying notices or documentation (for example, a NOTICE or attributions file) and, to the extent of any conflict regarding those specific components, govern your use of those components. Herbistry's licensors are intended third-party beneficiaries of the disclaimers and limitations in this Agreement.

8. Purchases, Storefronts, and Refunds

The Software is sold and distributed through third-party storefronts and merchants of record, which may include FxFactory, Lemon Squeezy, FastSpring, and others (each, a "Storefront"). Your purchase is also subject to the applicable Storefront's terms of sale, billing, and privacy policies. All payments, billing, taxes, and refunds are handled by the applicable Storefront in accordance with its own refund and purchase policies, not by Herbistry. If you believe you are entitled to a refund, you must request it through the Storefront where you purchased the Software, subject to that Storefront's policy.

9. Updates and Support

Herbistry may, but is not obligated to, provide updates, upgrades, bug fixes, or support for the Software. Any update we provide is part of the Software and is governed by this Agreement unless it is accompanied by a separate license, in which case that license governs. We may change, suspend, or discontinue the Software, or any feature of it, at any time without liability to you.

10. Term and Termination

This Agreement is effective until terminated. Your license is perpetual unless terminated as provided here. This Agreement and your license terminate automatically if you breach any of its terms. Upon termination, you must stop using the Software and delete or destroy all copies in your possession or control. Sections 5 through 19 survive termination.

11. Disclaimer of Warranties

THE SOFTWARE AND ALL TRIAL VERSIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HERBISTRY AND ITS LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

HERBISTRY DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, COMPATIBLE WITH YOUR HOST APPLICATION OR HARDWARE, OR THAT DEFECTS WILL BE CORRECTED.

NO HIGH-RISK OR CRITICAL USES. The Software is a creative video and motion-graphics tool. It is not designed, intended, or authorized for use in any situation in which its failure, inaccuracy, or error could result in death, personal injury, or other significant harm, including any medical, emergency, life-safety, or other high-risk or critical application. You will not use the Software for any such purpose, and you assume all risk if you do.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you; in that case, any mandatory warranty is limited to the minimum scope and shortest duration permitted by law.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HERBISTRY OR ITS LICENSORS, OFFICERS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, REPUTATION, OR BUSINESS OPPORTUNITY, OR FOR ANY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SOFTWARE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF HERBISTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HERBISTRY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID FOR THE SOFTWARE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (US $50).

These limitations apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you; in that case, our liability is limited to the smallest amount permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless Herbistry and its licensors, officers, members, employees, and agents from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Software; (b) any content you create, process, or distribute using the Software; (c) your violation of this Agreement; or (d) your violation of any applicable law or of any right of any third party, including any privacy, publicity, consent, or intellectual-property right.

14. Privacy and Data

The Software is designed to run entirely on your own device. As of the version date of this Agreement, the Software does not collect, transmit, upload, or "phone home" any media, projects, personal information, usage analytics, or telemetry. Your projects are processed locally and never leave your computer through the Software. Any account creation, payment, license delivery, and license activation or validation is handled by the applicable Storefront and its own software (for example, the FxFactory application) under its own privacy policy, and is not performed by the Software. If we ever introduce a feature that collects or transmits data, we will make it optional (opt-in) and update this Agreement before doing so.

15. Export Compliance

You represent that you are not located in, and will not use or export the Software in violation of any United States embargo, export-control law, or restricted-party list, and that you are not a person with whom dealings are prohibited under applicable export-control or sanctions laws.

16. U.S. Government End Users

The Software is "commercial computer software" and "commercial computer software documentation" as those terms are used in the U.S. Federal Acquisition Regulation and agency supplements. Any use, modification, reproduction, or disclosure by or for the U.S. Government is governed solely by this Agreement.

17. Dispute Resolution

(a) Informal resolution first. Most concerns can be resolved quickly and without formal proceedings. Before starting any formal legal proceeding, you agree to first try to resolve the dispute informally by sending a written description of the dispute to the contact in Section 20. You and Herbistry agree to negotiate in good faith for at least sixty (60) days after such notice before either party commences a formal proceeding.

(b) Small claims. Either you or Herbistry may bring an individual claim in a small-claims court of competent jurisdiction, so long as the claim qualifies and remains in that court.

(c) Courts. Except for a claim properly brought under Section 17(b), any dispute, claim, or controversy arising out of or relating to this Agreement or the Software will be brought and resolved exclusively in the courts identified in Section 18, and you and Herbistry each submit to the personal jurisdiction and venue of those courts. Nothing in this Section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information.

18. Governing Law and Venue

This Agreement is governed by the laws of the State of Wyoming, without regard to its conflict-of-laws principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods. Subject to the informal-resolution step and small-claims option in Section 17, you and Herbistry consent to the exclusive jurisdiction and venue of the state and federal courts located in Wyoming. Nothing in this Section deprives you of the protection of any mandatory consumer-protection law of the jurisdiction in which you reside that cannot be waived by contract. If you are a consumer resident in the European Economic Area, the United Kingdom, or another jurisdiction whose law grants you mandatory rights, nothing in this Agreement, including the warranty disclaimer in Section 11, the limitation of liability in Section 12, and the dispute-resolution, forum, and governing-law provisions in Sections 17 and 18, limits or excludes any right or remedy that applicable law guarantees you and that cannot lawfully be waived, and to the extent of any conflict those mandatory rights prevail. This may include statutory warranties or guarantees of conformity, a legal remedy for defective digital content, and any right of withdrawal or cancellation provided by your local law.

19. General Provisions

- Entire agreement. This Agreement, together with any notices for third-party components and any applicable Storefront terms, is the entire agreement between you and Herbistry regarding the Software and supersedes all prior or contemporaneous understandings.
- Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, and the remaining provisions remain in full force.
- No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
- Assignment. You may not assign or transfer this Agreement or your license without our prior written consent. We may assign this Agreement freely, for example in connection with a merger, acquisition, or sale of assets.
- Changes to this Agreement. We may update this Agreement for future versions or releases of the Software. The version that accompanied the copy of the Software you installed governs your use of that copy. Continued use of a new version after an updated Agreement is provided constitutes acceptance of the updated Agreement.
- Force majeure. Herbistry is not liable for any delay or failure to perform due to causes beyond its reasonable control.
- Headings. Section headings are for convenience only and do not affect interpretation.

20. Contact

Herbistry LLC
Email: support@herbistry420.com

For notices under this Agreement, including informal dispute notices, use the email address above.

This document is the End User License Agreement for Herbistry Audio Effector. It is provided by Herbistry LLC and is not legal advice to you.
