End User License Agreement for Gig Performer

End User License Agreement for Gig Performer

DESKEW TECHNOLOGIES, LLC – END USER LICENSE AGREEMENT FOR GIG PERFORMER (“THE SOFTWARE”)

BY CLICKING THE ACCEPT BUTTON OR DOWNLOADING THE SOFTWARE, YOU AGREE TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. DESKEW TECHNOLOGIES, LLC ‘S ACCEPTANCE AND FULFILLMENT OF YOUR ORDER ARE EXPRESSLY CONDITIONED ON YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT DOWNLOAD, INSTALL, EVALUATE OR USE THE SOFTWARE. CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT (“AGREEMENT”) FOR THE LICENSE OF SOFTWARE YOU ARE ABOUT TO DOWNLOAD OR INSTALL, PROVIDED TO YOU UNDER THIS AGREEMENT AND THE ACCOMPANYING DOCUMENTATION (THE “DOCUMENTATION”). “DESKEW” MEANS DESKEW TECHNOLOGIES LLC. “YOU” MEANS THE INDIVIDUAL PERSON INSTALLING OR USING THE SOFTWARE ON HIS OR HER OWN BEHALF; OR, IF THE SOFTWARE IS BEING DOWNLOADED OR INSTALLED ON BEHALF OF AN ORGANIZATION, SUCH AS AN EMPLOYER, “YOU” MEANS THE ORGANIZATION FOR WHICH THE SOFTWARE IS DOWNLOADED OR INSTALLED, AND THE PERSON INSTALLING OR USING THE SOFTWARE REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO DO SOON YOUR BEHALF. YOU HEREBY EXPRESSLY CONSENT TO DESKEW’S PROCESSING OF PERSONAL DATA YOU PROVIDE TO DESKEW (WHICH MAY BE COLLECTED BY DESKEW OR ITS DISTRIBUTORS) ACCORDING TO DESKEW’S CURRENT PRIVACY POLICY WHICH IS INCORPORATED INTO THIS AGREEMENT BY REFERENCE (SEE https://gigperformer.com/privacy/). IF “YOU” ARE AN ORGANIZATION, YOU WILL ENSURE THAT EACH MEMBER OF YOUR ORGANIZATION (INCLUDING EMPLOYEES AND CONTRACTORS) ABOUT WHOM PERSONAL DATA MAY BE PROVIDED TO DESKEW HAS GIVEN HIS OR HER EXPRESS CONSENT TO DESKEW’S PROCESSING OF SUCH PERSONAL DATA. PERSONAL DATA WILL BE PROCESSED BY DESKEW OR ITS DISTRIBUTORS IN THE COUNTRY WHERE IT WAS COLLECTED, OR IN THE LOCATION OF DESKEW OR ITS DISTRIBUTORS; UNITED STATES LAWS REGARDING PROCESSING OF PERSONAL DATA MAY BE LESS STRINGENT THAN THE LAWS IN YOUR JURISDICTION.

1. License Grant. Subject to the terms and conditions of this Agreement, DESKEW hereby grants you a non-exclusive, non-transferable right to reproduce and use a reasonable number of copies of the Software and the accompanying Documentation solely for your internal evaluation purposes during the term of this Agreement (as set forth in Section 3 below). You may install each authorized copy of the Software only on the computer, workstation, personal digital assistant, pager, “smart phone,” or other electronic device for which the Software was designed.

2. Ownership Rights. The Software is protected by United States copyright laws and international treaty provisions. DESKEW and its suppliers retain all right, title, and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein. Your possession, installation, or evaluation of the Software does not transfer to you any title to the intellectual property in the Software. All rights in the Software and Documentation not expressly granted to you in this Agreement are reserved by DESKEW and its suppliers.

3. Restrictions. You may not rent, lease, loan, resell, or otherwise redistribute the Software or Documentation to any third party. You may not permit any third party to benefit from the use or functionality of the Software via a timesharing, service bureau, or other arrangement. You may not transfer (by assignment, sublicense, operation of law, or otherwise) any of the rights granted to you under this Agreement; and any purported transfer will be null and void and result in immediate termination of this Agreement. You may not reverse engineer, decompile, or disassemble the Software, except to the extent (if at all) the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon, the Software or Documentation, in whole or in part. You may not copy the Software or Documentation, except as expressly permitted in Section 1 above. You may not remove any proprietary notices or labels on the Software or Documentation. The Software may contain a usage tracking mechanism for purposes of monitoring license compliance. You agree not to (a) disable or block the operation of this tracking mechanism and (b) delete tracking information that may be stored with the Software. DESKEW reserves the right to review such usage tracking information for the purpose of verifying your compliance with this Agreement.

4. Warranty Disclaimer. THE SOFTWARE IS PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DESKEW DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE AND THE DOCUMENTATION, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. Without limiting the generality of the foregoing, the Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, such as the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, and any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage. You assume full responsibility for the installation of, use of, and results obtained from the Software. Without limiting the foregoing, DESKEW makes no warranty that the Software will be error-free.

5. Limitation of Liability and Indemnification. IN NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, IN CONTRACT, OR OTHERWISE, WILL DESKEW OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SOFTWARE OR DOCUMENTATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF DESKEW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS OF LIABILITY WILL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.

6. United States Government. The Software and Documentation are deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and Documentation by the United States Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by this Agreement.

7. Export Controls. You are advised that the Software is subject to the U.S. Export Administration Regulations. You will not directly or indirectly export, import, or transfer Software contrary to U.S. or other applicable laws, and will not cause, approve, or assist others to do so. You represent and agree that (a) neither the United States Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges, and (b) you are not located in or a resident of any other country to which the United States has embargoed goods.

8. Miscellaneous. This Agreement is governed by the laws of the United States and the State of New York, without regard to conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Any dispute between the parties arising out of or related to this Agreement shall be settled by final, binding arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Francisco, CA. Notwithstanding the foregoing, DESKEW may bring suit in any appropriate forum for any breach of Sections 1, 2, 5 or 10 or otherwise for infringement or misappropriation of its intellectual property rights. BY AGREEING TO ARBITRATION, THE PARTIES UNDERSTAND THAT THEY ARE WAIVING CERTAIN RIGHTS AND PROTECTIONS WHICH MAY OTHERWISE BE AVAILABLE IN COURT, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO A JURY TRIAL. DESKEW will be entitled to immediate injunctive relief (in addition to all other remedies it may have) in the event of any breach, or threatened breach, of Section 2 or Section 5 by Licensee. No right or remedy of DESKEW under this Agreement will be deemed waived unless such waiver is in writing and signed by an authorized representative of DESKEW. If any provision of this Agreement is held invalid, such provision will be deemed modified so that it is valid and enforceable to the maximum extent allowed under applicable law and the remainder of this Agreement will continue in full force and effect. The parties confirm that it is their wish that this Agreement has been written in the English language only and if this Agreement is translated into any other language, the English version will prevail. This Agreement is the entire agreement between the parties and supersedes any other written or oral communications or understandings with respect to the Software. This Agreement may not be modified except by a written document signed by authorized representatives of each party that expressly states their intention to amend this Agreement.



Scaling Curves


Scaling curves allow you to control the shape of the output of a widget or convert an incoming note velocity to a new velocity. Various predefined curves are available and they can be tweaked as necessary. You can also just draw your own curve as well to achieve the effect you require.

 

MIDI File Player Plugin


You can load up to 128 MIDI song files in a single plugin instance. Switch from one song to another, mute tracks and/or change their channel numbers. Tempo can be controlled by individual songs or you can use the global tempo and tap tempo to control the BPM interactively.

 

Favorites and Presets


Create a sound by placing and interconnecting your desired plugins, such as a synth, some effects and perhaps a mixer. Select them all and then save the selection as a named favorite. The favorite will subsequently show up in all plugin insert menus, making it easy for you to recreate that configuration whenever you need it again. This feature is also very powerful for creating your needed sounds on your studio computer and then transferring them to your touring laptop.

 

Probabilistic Sound Designer


Parameters you select in an open plugin are captured into the Probabilistic Sound Designer dialog window. When you click Randomize, you're only adjusting those selected parameters. Each entry in the PSD dialog has a curve but unlike widgets where the curve controls scaling, in the PSD the curves are used to define the probability of particular values being selected. Make sure the filter cutoff never gets too slow so as to block all sound. Perhaps adjust the max range of the VCA attack parameter so that the sound doesn't have too much delay. Constrain the octave ranges of the oscillators, perhaps ensuring that 1/3rd of the time we select 8' and 2/3rds of the time we select 4'. The possibilities are endless.

 

More Widgets


Numerous new widgets are included in Gig Performer - a new sustain pedal, plastic knobs, drum pads and more colored sliders. Shapes can be colored with different borders and fill colors and morphed from rectangular to circular. Your creativity is now the limit to creating fabulous front panels in Gig Performer.

 

MIDI Message Helper


Select MIDI devices by name. Choose the MIDI message type and adjust the appropriate parameters for the specific type

 

  

Layout management


Gig Performer supports arbitrary resizing. Layout your widgets the way you want - resize the main window and the widgets will grow or shrink as necessary to maintain the same interrelationships. No matter what size screen you have, your front panels will still be neat and usable.

 

Undo Support


If you move your widgets around and/or resize them, or even delete them by mistake, the Undo facility will correct your mistake. Minor moves to a widget by mistake will no longer spoil your design

 

Plugin Channel Count


Some plugins support a large number of outputs and they depend on the traditional channel strip to control how many ports should be available.   When you only need a stereo pair, it is convenient not to have a large horizontal block. In Gig Performer, the number of available ports  is controlled by the channel count override, which can be applied to individual plugins and will be remembered when the gigfile is reloaded or if the plugin is saved as a favorite.

 

Input muting and output fading


Rather than a single audio length tail, Gig Performer 4 gives you the ability to control input muting and output fading separately. Input muting controls how much time it takes for audio input to be silenced when you leave the rackspace. Output fading controls how much time will be taken for audio to fade out when you leave the rackspace.

 

Faster Plugin Finder


Instead of searching through menus of perhaps hundreds of plugins (you know who you are!), the Quick Plugin Finder makes it easy to find the plugin you need by simply typing partial strings. For example, as shown here, to find the Modartt Pianoteq 7 plugins, it's enough to type pia mod 7 (in any order, by the way)  to restrict the list of available plugins to those matching your query. The Quick Plugin Finder also knows about manufacturers, presets and favorites.

 

  

Touch Friendly Input


Any entry field can be changed by either dragging your mouse (or finger) up or down, or by using the large popup touchpad where you can just tap on the squares to enter a value. The large popup keypad also does validation so you can't enter an invalid value. You can also just tap the BPM field to pop up a larger view where you can quickly change tempo, tranpose, trigger Tap Tempo and enable Ableton Link, the last allowing you to synchronize Gig Performer with any other application that also supports Ableton Link.

 

New Tuner Display


The tuner view makes it easy for guitarists to quickly check and adjust their tuning. You can toggle into the tuner view from any other view and toggle right back as soon as you're done. All output will be silenced automatically while you're in tuning mode. You can adjust the concert reference pitch from its default of 440 Hz to suit your own needs. The tuner view fills the entire screen so you can easily see it from a distance.