Terms

1. Who you are buying from

MOTION is sold by Arnaud Botton, Entrepreneur individuel (EI), at 139 rue Bugeaud, 69006 Lyon, France. Registered under SIREN 924 587 736. You can write to hello@opusdsp.com about anything on this page and you will get a person.

In these terms, "we" is that seller and "you" is whoever buys. "MOTION" is the software, in every format it is published in, together with its presets, its sounds and its documentation.

2. What you are buying

A licence to use MOTION. Not the software itself: what changes hands is permission, and the copyright stays with us. The permission is personal, it is not exclusive, it has no end date, and it cannot be passed on.

MOTION is delivered as a plug-in for VST3 and Audio Unit hosts and as a standalone application, for macOS and for Windows. Which versions of those systems it runs on is stated on the download page, and it is the page that counts rather than this one, because it changes.

The price shown at the moment you buy is the price you pay, in the currency shown, and it includes any tax we are required to charge. Payment is taken by Stripe. We never see your card.

3. What you may do with it

Install MOTION and use it on up to three computers at a time, for anything you like, including work you are paid for and records you sell. Nothing you make with it is ours, and there is nothing to declare, credit or share.

The three machines are yours to manage. Each one is activated with your key and can be freed again from your account page, as often as you like, without asking us. Freeing a machine takes effect the next time MOTION is opened on it.

4. What you may not do with it

Sell, lend, rent, give away or publish your key or your licence file, or let somebody else use them. A licence is one person's.

Sell, publish or pass on MOTION itself, modified or not, or any part of it - including its presets and sounds as a library of their own.

Work round the licensing, or help anybody else to: not the activation, not the three-machine limit, not the licence file.

Take MOTION apart to build something that competes with it. You may decompile it to the extent French law permits without our agreement, which is to say for interoperability and within Article L122-6-1 of the Code de la propriété intellectuelle. That right cannot be signed away and we are not trying to.

5. Updates

Every update is included, and that is not a promise about a period of time: your key opens the versions that come after it. We are not obliged to publish any particular update, or to add anything asked for.

MOTION checks once, when its window opens, whether a newer version exists, and says so in a corner if there is one. It downloads nothing on its own and it changes nothing without you.

6. Delivery, and the fourteen days

Your key appears on your account page as soon as the payment is taken - usually within a few seconds, and if something breaks in between, write to us and we will finish it by hand.

By placing your order you expressly ask for your key to be made available as soon as the payment is taken - that is, before the fourteen days are up - and you expressly waive the fourteen-day right of withdrawal that French law otherwise gives you for something bought at a distance. This is Article L221-28, 13° of the Code de la consommation, which allows exactly that where the agreement is given beforehand and the waiver is express. It is said on the price page too, under the button, so that you read it before you pay rather than after.

Put plainly: you cannot be given a key and keep the right to withdraw from having been given it.

What we promise instead, and mean: if MOTION cannot be made to work on your machine, write to hello@opusdsp.com within fourteen days of buying it with what you are running and what happened. If we cannot make it work, you get the whole amount back. Not a credit, not a voucher, and not a percentage.

7. If it is faulty

Separately from anything we promise, French law gives you a guarantee of conformity on digital content: Articles L224-25-12 and following of the Code de la consommation. If MOTION does not do what this site says it does, that guarantee is yours for two years from delivery, it costs nothing to use, and you do not have to prove anything about when the fault appeared. Write to the address above.

We will keep MOTION working with the systems and hosts it is sold for, through updates, for as long as it is on sale.

8. What we are responsible for

MOTION makes sound and it runs inside somebody else's host on somebody else's computer. We are answerable for what MOTION itself does wrong. We are not answerable for what a host does, what an operating system does, or for work you did not save.

Where the law lets us limit what we owe, our liability for anything arising out of a purchase is limited to what you paid for it. Nothing here limits liability for death, personal injury, fraud, or anything else that cannot lawfully be limited - and in France a professional cannot limit the legal guarantee of conformity, which stands whatever this section says.

9. Your account

Keep your key and your password to yourself. If either gets out, tell us and we will issue a new key and stop the old one.

We can suspend a licence that is being shared or published, or one bought with a stolen card. We will write to you first unless the card was stolen, and if we are wrong we will put it back.

You can delete your account whenever you like, from your account page or by asking us. Deleting the account ends the licence: it is the licence.

10. Changes to these terms

We may change these terms for sales made after the change. The terms you bought under are the ones on this page on the day you bought, and we keep every version. Ask and we will send you yours.

11. Law, and where to go if we cannot agree

French law governs this contract, and nothing here takes away the protection a consumer has under the law of the country they live in.

Write to us first: almost everything is a misunderstanding and gets fixed the same day. The courts remain open to you in any case.

There is a privacy page about what we know about you, and a legal notice with who publishes this site and who keeps the machine it runs on.