Mix Universe End User License Agreement

This End User License Agreement (this "EULA") is a legal agreement between you and Zuko Media LLC, an Alabama limited liability company headquartered at 600 Boulevard South SW, Suite 104A, Huntsville, AL 35802 ("Zuko Media", "we", "us"). It governs your installation and use of the Mix Universe software (the "Software"), whether you obtained it through Steam, through our website at zukomedia.com, or through another channel we authorize.

By installing, launching, or using the Software, you agree to be bound by this EULA. If you do not agree, do not install or use the Software.

1. License Grant

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software on devices you own or control, solely for your personal use and for the creation and (where expressly permitted by the Terms of Service) commercial release of your own original works. The Software is licensed, not sold. We and our licensors retain all right, title, and interest in and to the Software.

2. Distribution Channel

If you obtained the Software through Steam, your use is also subject to the Steam Subscriber Agreement and any applicable Valve terms. If you obtained the Software directly from zukomedia.com, no third-party platform terms apply, but this EULA, the Terms of Service, and the Privacy Policy still govern. In all cases, this EULA controls the relationship between you and Zuko Media with respect to the Software itself.

3. User Content, Royalty-Free Samples, and Online Features

The Software allows you to create musical and audiovisual works that may incorporate audio samples, loops, and other content provided by us (collectively, the "Content"). Your rights and obligations with respect to:

• content you create, produce, or upload using the Software (including your right to commercially release audio and audiovisual exports on platforms such as Spotify, Apple Music, YouTube, TikTok, and Bandcamp);
• Royalty-Free Samples and the conditions under which exports may be commercially released;
• the restriction on distributing samples, loops, or stems as sample packs or asset packs; and
• any online features, account services, cloud storage, or community features,

are governed exclusively by the Mix Universe Terms of Service, including without limitation Section 4 thereof. The Terms of Service are incorporated into this EULA by reference. In the event of a conflict between this EULA and the Terms of Service regarding any of the foregoing matters, the Terms of Service control.

4. Restrictions

You agree that you will not:

• copy, distribute, rent, lease, lend, or sell the Software, or any portion of it, except as expressly permitted by this EULA, the Terms of Service, or the platform terms applicable to your copy;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software, except to the extent applicable law expressly permits despite this restriction;
• modify, adapt, translate, or create derivative works of the Software, except as expressly permitted by Section 4 of the Terms of Service (which authorizes you to produce Exports that embed Royalty-Free Samples);
• remove, alter, or obscure any proprietary notices, attributions, or labels on or in the Software;
• use the Software in any manner that violates applicable law or the Terms of Service;
• extract, isolate, repackage, or commercially distribute any Royalty-Free Sample, sample, loop, stem, or other element of the Content as a standalone asset or as part of a sample pack, sound library, loop pack, or similar collection (see Section 4.6 of the Terms of Service); or
• use the Software, the Content, or any output of the Software to develop, train, enhance, or provide source material for any generative artificial intelligence or machine learning tool.

5. Ownership

The Software and all Content are owned by Zuko Media and our licensors and are protected by United States and international copyright and other intellectual property laws. You acknowledge that nothing in this EULA transfers any ownership of the Software or Content to you. Your ownership rights in works you create using the Software are governed by the Terms of Service.

6. Updates

We may provide patches, updates, or new versions of the Software from time to time, which may be installed automatically. Such updates are part of the Software and are governed by this EULA. We are not obligated to provide updates and may, for valid reasons, modify, suspend, or discontinue all or part of the Software.

7. Third-Party Components

The Software may include third-party libraries, components, plug-ins, or middleware (including the Unreal Engine and other licensed components). Your use of those components may be subject to additional notices or terms, which are made available in the Software's credits or installation directory.

8. Term and Termination

This EULA is effective until terminated. You may terminate it at any time by uninstalling the Software and destroying all copies in your possession. We may terminate this EULA immediately if you materially breach it (including by violating the restrictions in Section 4 or the corresponding restrictions in the Terms of Service). Upon termination, you must stop using the Software and destroy all copies in your possession. Sections 4, 5, 9, 10, and 11 survive termination. The perpetual license to commercially release pre-existing Exports under Section 4.5 of the Terms of Service also survives termination of this EULA, as described in Section 10.4 of the Terms of Service.

9. Warranty Disclaimer

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZUKO MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS. NOTHING IN THIS SECTION LIMITS ANY NON-EXCLUDABLE WARRANTIES OR RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZUKO MEDIA BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE SOFTWARE. OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS EULA WILL NOT EXCEED THE GREATER OF (A) USD $100 OR (B) THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE 24 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

11. Governing Law and Jurisdiction

This EULA is governed by the laws of the State of Alabama, United States, without regard to its conflict-of-laws rules. The exclusive jurisdiction for all disputes arising out of or relating to this EULA is the competent courts in the Northern District of Alabama or the Alabama State Courts in Madison County, Alabama.

12. Export Controls

You must comply with all applicable U.S. and international export laws and regulations. You represent that you are not located in, or a national or resident of, any country subject to U.S. embargo, and that you are not on any U.S. government list of restricted parties.

13. General

This EULA, together with the Mix Universe Terms of Service and Privacy Policy, is the entire agreement between you and Zuko Media regarding the Software. If any provision of this EULA is held unenforceable, the remaining provisions remain in full force and effect. We may assign this EULA in whole or in part; you may not. We may modify this EULA from time to time; if we make material changes we will provide reasonable notice.

14. Contact

If you have questions about this EULA, contact us at contact@zukomedia.com or at Zuko Media LLC, 600 Boulevard South SW, Suite 104A, Huntsville, AL 35802, United States.