Terms of Use & End-User License Agreement
Last updated: 28 July 2026 (EULA version 1.1). The software Sampularity is published by zidArts, Owner: Luca Zidane Bartl, Germany (imprint). Deutsche Fassung dieses Vertrags.
Purchases via Paddle
Orders are processed by Paddle.com Market Ltd. as merchant of record. Paddle is the seller of record: your purchase contract for the transaction is with Paddle, which handles payment, invoicing, applicable taxes and refunds (see the refund policy). Paddle’s buyer terms apply to the transaction; the license agreement below applies to your use of the software.
End-User License Agreement (EULA)
The text below is word for word the agreement you accept in the installer and that ships with
the installed application as EULA-en.txt. This page is generated from that same
file, so there is no separate web version.
1. Parties and scope
1.1 This End-User License Agreement ("Agreement") is concluded between zidArts, Owner: Luca Zidane Bartl, Germany ("Licensor") and you, the natural or legal person installing or using the Software ("you", "Licensee").
1.2 "Software" means the Sampularity desktop application, the accompanying DAW plug-in (CLAP format), the bundled machine-learning models and data files, the documentation, and any updates or upgrades provided to you under this Agreement, in whole and in part.
1.3 This Agreement governs the use of the Software. It applies both to use during the free evaluation period (Section 2) and to use under a purchased license (Section 3).
2. Evaluation period (trial)
2.1 The Software may be used free of charge for an evaluation period of 30 days from first installation, with the full feature set, for the sole purpose of evaluating the Software.
2.2 During the evaluation period there is no entitlement to support, updates, maintenance or availability of any kind. The Licensor may modify, limit or discontinue the evaluation offering at any time for future installations.
2.3 After the evaluation period ends, continued use of the Software requires a valid license (Section 3).
3. License grant
3.1 Upon purchase of a license and subject to compliance with this Agreement, the Licensor grants you a non-exclusive license to use the Software. The license is unlimited in time unless a different license term was stated at the time of purchase.
3.2 You may install and use the Software on up to three devices (seats). The license is personal: the three installations are for your own use, not for use by several people.
3.3 You may use the Software for both private and commercial purposes.
3.4 All audio files and other content that you manage, analyze, organize or process with the Software remain exclusively yours (or the respective rights holder's). The Licensor claims no rights whatsoever in your content; any output the Software derives from your content (such as analysis data, tags or search indexes) is yours to use freely.
3.5 You may transfer a perpetual license to a third party. The conditions are that you give up your own use entirely, delete all copies of the Software from your devices, and notify the Licensor of the transfer at support@sampularity.com so that the license can be reissued to the acquirer. On transfer, the acquirer becomes a party to this Agreement. A time-limited license is not transferable.
4. Purchase processing (merchant of record)
4.1 Licenses are sold via Paddle.com Market Ltd. ("Paddle") acting as merchant of record. Your contract of sale is concluded with Paddle; payment, invoicing, applicable taxes, statutory withdrawal rights and refunds are handled by Paddle in accordance with Paddle's checkout terms and the published refund policy.
4.2 This Agreement does not govern the purchase transaction; it governs solely the use of the Software as between you and the Licensor.
5. Updates and upgrades
5.1 A license for version 1.x includes all updates within that version series, meaning every release whose version number begins with 1. These updates are covered by the purchase price.
5.2 Once the version series ends, the last release provided to you continues to run without time limit. A new major version (2.0 and later) is not covered by the purchase price; whether and on what terms it is offered is for the Licensor to decide.
5.3 There is no entitlement to any particular future feature. Updates provided to you become part of the Software and are subject to this Agreement.
5.4 The statutory obligation to provide updates for digital products (Section 327f of the German Civil Code) remains unaffected. For the period laid down by law, the Licensor provides the updates necessary to keep the Software in conformity with the contract, including security updates. Section 5.3 does not limit that obligation.
6. License activation and verification
6.1 After purchase, your license is sent to you by email as a signed block of text in the body of the message. You copy that block and paste it into the Software's license window. The signature is verified on your device.
6.2 On first launch, the Software activates the license once via the Licensor's activation server. For this purpose it transmits the license identifier, a hardware identifier of the device and the Software version, solely to manage the licensed seats under Section 3.2. An internet connection is therefore required for the initial activation.
6.3 After that one-time activation, use of the Software does not depend on the availability of the activation service. Where a connection exists anyway, the Software revalidates the license in the background; if that check does not happen, it has no consequences for your use. There is no grace period and no recurring obligation to go online.
6.4 The Licensor may mark a license as revoked, in particular after a refund or after termination under Section 11. A revocation takes effect the next time the Software reaches the activation server.
6.5 The processing of personal data is described in the Privacy Policy at https://sampularity.com/privacy. The Software does not collect analytics or telemetry, and none of your audio content or library data is transmitted.
7. Restrictions
You may not, except to the extent such restriction is prohibited by mandatory applicable law (including Sections 69d, 69e of the German Copyright Act (UrhG) and corresponding provisions of EU law):
- reverse engineer, decompile or disassemble the Software;
- copy (other than for backup purposes), distribute, sell, rent, lease, lend, sublicense or otherwise make the Software available to third parties; a transfer under Section 3.5 is unaffected;
- remove, circumvent or interfere with license verification or other technical protection measures;
- extract, copy or use the bundled machine-learning models or data files separately from the Software or for any other purpose; rights granted to you by the license of the respective component remain unaffected under Section 8.2;
- use the Software in violation of applicable law.
8. Intellectual property; open-source components
8.1 The Software is licensed, not sold. All rights, title and interest in the Software, including all copyrights and other intellectual property rights, remain with the Licensor and its licensors. All rights not expressly granted are reserved.
8.2 The Software contains open-source components. The applicable license texts and attributions are included with the Software (THIRD_PARTY_NOTICES files). Nothing in this Agreement limits your rights under those open-source licenses with respect to the respective components.
9. Warranty
9.1 Use of the Software free of charge (in particular during the evaluation period) is provided "as is"; for such gratuitous use, warranty claims exist only where a defect was fraudulently concealed.
9.2 For purchased licenses, your statutory warranty rights remain unaffected. Warranty claims arising from the purchase transaction are handled via Paddle as merchant of record (Section 4).
9.3 The Licensor does not undertake that the Software will run uninterrupted or free of errors, or that it will work with every host application (DAW), operating system and hardware configuration. The systems that are supported follow from the published system requirements. Your statutory rights remain unaffected.
10. Limitation of liability
10.1 The Licensor is liable without limitation for damages caused by intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit), for injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz), in case of fraudulent concealment of a defect, and to the extent of any guarantee expressly assumed by the Licensor.
10.2 In cases of simple (ordinary) negligence, the Licensor is liable only for the breach of essential contractual obligations (obligations whose fulfilment makes the proper performance of this Agreement possible in the first place and on whose fulfilment you regularly rely and may rely, so-called "Kardinalpflichten"). In such cases, liability is limited to the damage that is typical for this type of contract and was foreseeable at the time the Agreement was concluded.
10.3 In all other cases of simple negligence, the Licensor's liability is excluded.
10.4 You are responsible for regularly backing up your data in accordance with standard industry practice. In the event of data loss for which the Licensor is liable under this Section 10, liability is limited to the effort of restoration that would have been required had proper backups been made.
10.5 For use of the Software free of charge (in particular during the evaluation period), the Licensor is liable only for intent and gross negligence, without prejudice to Section 10.1.
10.6 The limitations in this Section 10 also apply in favour of the Licensor's legal representatives, employees and agents.
10.7 Nothing in this Section 10 excludes or limits liability that cannot be excluded or limited under the law applicable to you.
11. Term and termination
11.1 This Agreement remains in force for as long as you use the Software.
11.2 The Licensor may terminate this Agreement if you culpably and materially breach it (in particular Section 7) and, where the breach is remediable, fail to remedy it within a reasonable period after notice. The Licensor has no further right of termination.
11.3 Upon termination, your license ends; you must cease all use of the Software and delete all copies in your possession. Sections 8, 9, 10 and 12 survive termination.
12. Final provisions
12.1 This Agreement is governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, this choice of law does not deprive you of the protection afforded by mandatory provisions of the law of the country in which you have your habitual residence (Art. 6 Rome I Regulation).
12.2 If you are a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this Agreement is the Licensor's place of business in Germany.
12.3 Should any provision of this Agreement be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. In place of the invalid provision, the statutory rules shall apply.
12.4 This Agreement is provided in an English and a German language version. For consumers with habitual residence in Germany the German version prevails; in all other cases the English version prevails.
12.5 Questions about this Agreement: support@sampularity.com.