BLUE HOUR AUDIO — END USER LICENSE AGREEMENT
Covering Blue Melody, Blue Drummer, Blue Slice, and other Blue Hour Audio software
PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING, ACTIVATING, OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE, AND REQUEST A REFUND UNDER OUR REFUND POLICY.
SECTION 13 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS-ACTION AND JURY- TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS. IT INCLUDES A 30-DAY RIGHT TO OPT OUT.
1. DEFINITIONS
"Software" means the Blue Hour Audio plug-ins and applications made available to you under a License, whether licensed individually or as part of a bundle or suite (such as the "Blue Suite"), together with any documentation, presets, and updates we provide ("Documentation"). This includes Blue Melody, Blue Drummer, and Blue Slice — offered individually or together as the Blue Suite — and any other Blue Hour Audio plug-ins we offer from time to time, in VST3 and standalone forms (some, such as Blue Melody, are available as both an audio effect and a MIDI instrument).
"We", "us", "our" means Blue Hour Audio LLC, trading as Blue Hour Audio.
"You" means the individual or single legal entity that acquires a License.
"License" means the subscription right granted in Section 2 to install and use the Software, of the plan, interval, and price shown on your order confirmation. Section 6 governs the recurring nature of your License.
"License Key" means the unique key issued to you to activate the Software.
"Order" means your purchase of a License, as confirmed at checkout.
"Payment Provider" means our merchant of record and licensing provider — currently Lemon Squeezy (a Stripe company) — or any successor or replacement provider we use. The Payment Provider operates checkout, billing, tax handling, and License Key issuance and validation.
"Privacy Policy" and "Refund Policy" mean those policies published at our Website, each as updated from time to time.
"Website" means https://bluehouraudio.us.
2. LICENSE GRANT
Subject to this Agreement and to your payment of the applicable fees, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software covered by your plan for your own music production, including commercial music production, for as long as your subscription remains active.
2.1 Seats. Unless your Order says otherwise, one License permits activation on ONE computer at a time. You may deactivate the Software on that computer (Help > Activate license… > Deactivate this computer) and activate it on another. If you own multiple computers, we do not object to you installing the Software on them provided only one activation is in use at a time and only you use it.
2.2 Your music is yours. We claim no ownership of, and no rights in, any music, MIDI, audio, or other output you create using the Software. You owe us no royalties. You may use, distribute, and monetize your output freely, during and after your subscription.
2.3 Updates. We may provide updates at our discretion. Updates are governed by this Agreement unless accompanied by different terms.
3. RESTRICTIONS
You may not:
(a) sell, rent, lease, lend, sublicense, or redistribute the Software, or make it available to any third party;
(b) share, publish, or resell your License Key;
(c) circumvent, disable, or tamper with the Software's licensing or activation, or use the Software beyond the scope of a valid, paid-up License;
(d) remove or obscure any copyright, trademark, or other proprietary notice;
(e) reverse engineer, decompile, or disassemble the Software, or attempt to derive its source code, EXCEPT to the extent that applicable law expressly permits this despite this restriction (for example, certain interoperability rights under EU law), and then only to that extent;
(f) use the Software to develop a competing product; or
(g) use the Software in violation of any applicable law, or export, re-export, or use it in breach of U.S. or other applicable export-control or economic- sanctions laws. You represent that you are not located in, and will not use the Software in, any country or territory subject to comprehensive U.S. sanctions, and that you are not a person with whom U.S. persons are prohibited from dealing (for example, a party on a U.S. denied-party list).
4. OWNERSHIP
The Software is licensed, not sold. We and our licensors retain all right, title, and interest in and to the Software, including all intellectual property rights. You receive only the rights expressly granted in Section 2.
5. ACTIVATION, LICENSE CHECKS, AND PRIVACY
The Software requires activation with a License Key. When you activate, when the Software periodically validates your License, and when you deactivate, it sends your License Key and the name of your computer (as reported by your operating system) to the Payment Provider over an encrypted connection, so we can manage activations against your seat limit and confirm your subscription is current.
The Software does NOT upload, transmit, or store your audio, MIDI, projects, or any creative content. All analysis happens locally on your computer. The Software contains no analytics or telemetry.
If your computer is offline, the Software continues to work for a limited grace period before it needs to reach the licensing service again. Your license status is cached in a small local license file on your computer.
Our Privacy Policy at the Website explains this in full and forms part of this Agreement.
6. SUBSCRIPTION TERMS
Your License is a subscription. This Section, together with the terms you agree to at checkout, governs it.
6.1 Automatic renewal. Your subscription renews automatically at the interval and price shown at checkout and in your order confirmation (for example, a single- plug-in plan or the Blue Suite, billed monthly or annually), and continues to renew until you cancel. You provide express consent to this automatic renewal when you purchase.
6.2 How to cancel. You may cancel at any time, as easily as you subscribed, through the Payment Provider's customer portal (reachable from the receipt or subscription emails you receive) or by contacting us at the email in Section 15. Cancellation stops future renewals; your License remains active until the end of the period you have already paid for.
6.3 What happens on cancellation, expiry, or non-payment. When your subscription ends — whether by cancellation, expiry, or failed payment — your License ends at the close of the paid period, and the Software may stop functioning or revert to a limited mode. Your previously created output remains yours (Section 2.2).
6.4 Price changes. We may change subscription pricing. Any change applies only to renewals after we (or the Payment Provider) give you reasonable advance notice, and you may cancel before the change takes effect.
6.5 Fees and refunds. Fees are billed by the Payment Provider as merchant of record. Refunds are governed by Section 7 and our Refund Policy; in summary, your first payment for a new subscription is covered by a 14-day refund window, and you may cancel at any time to stop future renewals.
7. FEES, TAXES, AND REFUNDS
Purchases are processed by the Payment Provider acting as merchant of record, which collects and remits applicable sales tax/VAT. Refunds are governed by our Refund Policy at the Website, and by any non-waivable statutory rights you have (including, for consumers in the EU/UK, statutory withdrawal rights, subject to any lawful waiver you make for digital content supplied immediately).
8. THIRD-PARTY COMPONENTS
The Software includes third-party components, each under its own terms. These include, without limitation:
- JUCE (https://juce.com), used under a commercial JUCE license. The Software is proprietary and is NOT distributed under the GNU AGPL. - The Steinberg VST3 SDK, used under its permissive (MIT-style) license option. VST is a trademark of Steinberg Media Technologies GmbH. - The Microsoft Edge WebView2 Runtime, which renders the Software's interface and is licensed by Microsoft under its own terms.
A full list of components and their notices ships with the Software (see THIRD-PARTY-LICENSES) and is available at the Website. Nothing in this Agreement limits any rights you have under those third-party licenses. The licensors of these components are intended third-party beneficiaries of Sections 3, 4, and 8 and may enforce them.
9. SYSTEM REQUIREMENTS
The Software requires a compatible 64-bit Windows system, a VST3-compatible host (or the standalone application), and the Microsoft Edge WebView2 Runtime. We do not warrant that the Software will work with every host, driver, plug-in, or system configuration. Please review the system requirements before subscribing; your first payment is covered by the 14-day refund window in Section 7 and our Refund Policy.
10. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT ITS MUSICAL ANALYSIS OR SUGGESTIONS WILL BE ACCURATE OR SUITABLE FOR ANY PURPOSE. The Software is a creative aid; musical judgement remains yours.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you. Nothing here excludes any statutory rights you have as a consumer that cannot be excluded by law.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, PROJECTS, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SOFTWARE WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE LICENSE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Nothing in this Agreement limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited.
12. TERMINATION
This Agreement applies until terminated. It terminates automatically if you materially breach it (including Section 3), and it ends when your subscription ends (Section 6). On termination you must stop using the Software and remove all copies. Sections 1, 3, 4, 7, and 10 through 15 survive termination. Termination does not entitle you to a refund except as provided in our Refund Policy or by law.
13. GOVERNING LAW, ARBITRATION, AND DISPUTES
13.1 Governing law. This Agreement is governed by the laws of the State of Michigan, USA, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
13.2 Informal resolution first. Before starting an arbitration or a lawsuit, please contact us at the email in Section 15 and give us at least thirty (30) days to try to resolve the dispute informally. This step does not apply where it would prevent you from meeting a legal deadline.
13.3 Binding arbitration. Except for the matters carved out in Section 13.5, you and we agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the Software will be resolved by BINDING INDIVIDUAL ARBITRATION administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, before a single arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The seat of arbitration is Oakland County, Michigan; however, consistent with the AAA Consumer Arbitration Rules, you may elect to participate by telephone or video or to have any in-person hearing held in the county where you live. Judgment on the award may be entered in any court having jurisdiction.
13.4 Class-action and jury-trial waiver. ARBITRATION AND ANY COURT PROCEEDING PERMITTED UNDER THIS AGREEMENT WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding. If this Section 13.4 is found unenforceable as to a particular claim or request for relief, that claim or request (and only that one) will proceed in the courts identified in Section 13.6, and the remainder of this Section 13 will remain in force.
13.5 Exceptions. Notwithstanding the above: (a) either party may bring an individual claim in a small-claims court that has jurisdiction; and (b) either party may seek injunctive or other equitable relief in the courts identified in Section 13.6 to protect its intellectual property or confidential information (including to enforce Section 3).
13.6 Courts. For any dispute not subject to arbitration, the parties submit to the exclusive jurisdiction of the state courts located in Oakland County, Michigan, and the United States District Court for the Eastern District of Michigan.
13.7 Your right to opt out of arbitration. You may opt out of Sections 13.3 and
13.4 by emailing us at the address in Section 15 within thirty (30) days after you first accept this Agreement, stating your name and that you opt out of arbitration. Opting out will not affect any other part of this Agreement.
13.8 Consumers. If you are a consumer, nothing in this Section deprives you of the protection of the mandatory laws of your country of residence, or of your right to bring proceedings there. Where mandatory local law prohibits a pre- dispute arbitration agreement or a class-action waiver (as is the case for many consumers in the EU and UK), Sections 13.3 and 13.4 do not apply to you to that extent.
14. GENERAL
14.1 Entire agreement. This Agreement, together with our Privacy Policy and Refund Policy, is the entire agreement between us about the Software and supersedes any prior terms, including any earlier "Terms and Conditions" published under the Harmonic name (a prior product name) or other Blue Hour Audio software.
14.2 Changes. We may update this Agreement for new versions of the Software. The version you accepted governs the version you installed.
14.3 Notices. We may give you notices by email (to the address linked to your Order) or by posting on the Website; you may contact us at the email in Section 15.
14.4 Severability. If any provision is held unenforceable, the rest remains in force.
14.5 No waiver. Our failure to enforce a provision is not a waiver of it.
14.6 Assignment. You may not assign this Agreement. We may assign it in connection with a merger, acquisition, or sale of assets.
14.7 Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control.
14.8 Third-party beneficiaries. Except as stated in Section 8, this Agreement creates no third-party beneficiary rights.
15. CONTACT
Blue Hour Audio LLC trading as Blue Hour Audio alex@bluehouraudio.us · https://bluehouraudio.us
© 2026 Blue Hour Audio LLC. All rights reserved.