Hajo's Headphone Enhancer

End-user License Agreement

for Hajo Headphone Enhancer Software

This End-User Licence Agreement (“EULA”) is a legally binding agreement between you as an individual or a legal entity (“End User”) and hajo Unternehmergesellschaft (haftungsbeschränkt), Am Fährberg 25, 24107 Quarnbek, Germany (“Lisenser”).

By downloading, buying, installing, copying or using the software Hajo Headphone Enhancer, the End User declares his consent to the terms and conditions of this EULA.

1. Definitions

“Software Product” refers to the software Hajo Headphone Enhancer (sometimes also called Hajo's Headphone Enhancer), in the whole or in parts, composed of the "Hajo Headphone Enhancer" application for OSX 10.7 to 10.11 and a matching kernel driver including additionally associated software components and online services.

2. Grant of Licence

Licences for the Trial are granted free of charge.

Licences for the full version are granted by supplying a licence key (“Licence Key”) to the End User.

The Licenser grants the End User the non-exclusive right, excluding the right to sub-licensing, to install and use copies of the Software Product as follows

- The app and the kernel driver may be installed on all compatible computers.

- The license file for the full version may be used on muliple macs, but only on computers owned by the license owner.

By purchasing a licence for the full version, the End User receives a unique Licence Key. The Licence Key permits the upgrade from Trial to full version. The End User must keep the Licence Key in a strictly confidential manner and is not authorised to pass it on to a third party.

The End User has the right to create a backup copy of the Software Product for backup purposes.

3. Licence Restrictions

Excepting the cases described in Article 1, the End User does not have the right to make copies of the full version or to pass it to third parties.

The End User is expressly allowed to freely distribute copies of the trial installer.

The End User does not have the right to rent, lease or lend the Software Product.

The End User must not remove or alter any copyright notices on any and all copies of the Software Product.

The End User does not have the right to reverse engineer, decompile or disassemble the Software Product, to generally perform any reverse engineering, or to attempt by any other means to determine the source code of the Software Product, unless and only insofar as this restriction is not forbidden by applicable legislation.

4. Intellectual Property Rights and Copyrights

All rights not expressly granted to the End User in this EULA remain the rights of the Lisenser. The Software Product is protected by copyright laws and other laws, as well as well as by agreements governing intellectual property. The Lisenser or its sales partners hold ownership, the copyright and other intellectual property rights relating to the Software Product. This EULA does not grant the End User any rights whatsoever to the Licenser’s trademarks or service trademarks.

The Software is licensed and cannot the purchased.

The software contains parts of the Ne10 library, which the author is allowed to use under 3-clause BSD-license. These parts of the software are Copyright 2012-14 ARM Limited, All rights reserved.

The software contains virtualization technology from NEW AUDIO TECHNOLOGY GmbH, which the author is allowed to use as part of a cooperation agreement.

5. Warranty and Exclusion of Liability

Providing the End User is in possession of a bought licence for the full version, the Licenser warrants for the duration of the legal time limit that the full version has the properties as agreed in the documentation insofar as it is used for its intended purpose and taking into account the recommended hardware and software configuration. Minor deviations from the agreed functions do not represent just cause for warranty claims. In the event of any material defects, the Licenser shall remedy them.

All conditions, warranties and obligations on the part of the Licenser other than those expressly named in this EULA are excluded where permitted by law. In particular, the Licenser shall not warrant that the Software Product meets all the End User's requirements or that the functions contained in the Software Product shall run without interruption or errors in a hardware and software combination selected by the End User.

Without prejudice to other provisions of this EULA, the Licenser shall not be liable to the End User for minor negligence, indirect damage or consequential damage or losses arising in conjunction with the usage of the Software Product. The maximum accumulated obligation on the part of the Licenser for losses or damages incurred in conjunction with the usage of the Software Product may not exceed the remuneration paid by the End User for the Software Product. The exceptions and limitations of liability and responsibility as set down in the aforementioned shall only apply to the respective legally permitted extent.

This warranty does not apply if the Software Product is provided to the End User free of charge. Equally it does not apply to test versions labelled as Beta versions. Furthermore, the Licenser shall not be liable for damage in any form incurred by the End User due to the non-installation of updates.

6. Data Utilisation and Licence Monitoring

The End User agrees that the Licenser is authorised to collate and utilise technical data gathered in association with the Software Product within the framework of any support services made available to the End User. The Licenser may use this information only for improvement of his products and the provision of user-defined services or technologies to the End User.

The Licenser may verify details of the licence held by the End User during the course of the installation, Activation, usage or updating to prevent in this way the non-licensed or illegal usage of the Software Product and to improve the customer service provided by the Licenser. The End User consents to this procedure as implemented by the Licenser and is obliged to comply with all provisions in this regard.

7. Additional Software and Services

This EULA applies, subject to special terms and conditions, to updates and upgrades, supplements, add-on components or Internet-based service components for the Software Product such as the Licenser may provide or make available to the End User after the End User has purchased a licence for the Software Product.

The Licenser reserves the right to change or discontinue without prior notice any Internet-based services that are provided to the End User or are made available through use of the Software Product.

8. Export Restrictions

The End User acknowledges that he may not export the Software Product to countries where this is forbidden by applicable international and national export legislation and pertinent regulations. Furthermore, the Software Product may not be exported to a country, or handed over to a citizen or resident of such a country, upon which an embargo has been imposed on the basis of existing national or international export controls. All rights to the use the Software Product shall be forfeited if the provisions of this EULA are not adhered to.

9. Termination

Without prejudice to any other rights, the Licenser has the right to terminate this EULA without any further obligations if the End User is in breach of its provisions.

In the event of a termination, the End User is under obligation to destroy all copies of the Software Product and all its components.

10. Other Provisions

This EULA, which represents an entire agreement between the parties with regard to the scope of the EULA, replaces all previous agreements, negotiations and proposals in this respect. Each party acknowledges that it has not been persuaded to conclude this EULA in consequence of assurances, guarantees or obligations other than those expressly set down in the EULA.

Should one of the provisions of this EULA be invalid, unlawful or not enforceable, either in its entirety or in part, this circumstance shall not prejudice the validity of the remainder of the EULA or the rest of the affected provision of the EULA.

This EULA is governed by the laws of the Federal Republic of Germany.

Overview
of all features
Features
lots of text
Changelog
of updates

Download now!
OS X 10.7 - 10.11
Instructions
Install / Remove

Bluetooth, USB, Firewire
setup instructions
Customize
the sound engine

Buy for
only $18
EULA
English
EULA
German

If you have an improvement request or need support, please post to my facebook page.

Hajo's Headphone Enhancer is being developed by:

Hajo Nils Krabbenhöft
hajo UG (haftungsbeschränkt)
Am Fährberg 25
24107 Quarnbek
Germany

Impressum Datenschutzerklärung

The app icon contains a modified version of an icon that Kevin Hipke released under Creative Commons - Attribution (CC BY 3.0) license.