STEMY — END USER LICENSE AGREEMENT

(Custom EULA for distribution through the Mac App Store)

Effective date: October 2, 2026

This End User License Agreement ("EULA") is a legal agreement between you and Music Masters Unlimited LLC ("Developer") for the Stemy application for macOS, including its bundled content, models, documentation and updates (the "Licensed Application"). By installing or using the Licensed Application you agree to this EULA. If you do not agree, do not install or use it.

1. ACKNOWLEDGMENT

1.1 This EULA is concluded between you and Developer only, and not with Apple Inc. ("Apple"). Developer, not Apple, is solely responsible for the Licensed Application and its content.

1.2 This EULA does not provide usage rules that conflict with the Apple Media Services Terms and Conditions or the Volume Content Terms. If there is a conflict, those Apple terms govern to the extent of the conflict.

2. SCOPE OF LICENSE

2.1 Developer grants you a non-transferable license to use the Licensed Application on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The Licensed Application may also be accessed and used by other accounts associated with the purchaser through Family Sharing or volume purchasing.

2.2 Except as permitted by this EULA, by Section 3, by the Usage Rules, or by applicable law, you may not: (a) transfer, redistribute or sublicense the Licensed Application; (b) make the Licensed Application available over a network where it could be used by multiple devices at the same time; or (c) copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application or any part of it.

2.3 If you sell or give away an Apple-branded product, you must remove the Licensed Application from it first.

2.4 Developer reserves all rights not expressly granted to you in this EULA.

3. THIRD-PARTY COMPONENTS

3.1 The Licensed Application includes software, models, data and fonts contributed by third parties. Each one is licensed to you under its own license or notice, not under this EULA. The components, their copyright notices and, where the licensor supplies one, the full text of the license are listed in the Licensed Application under Stemy > Settings > General > About > "Open Source Licenses…" (the "Acknowledgments"). The same documents are inside the application bundle at Stemy.app/Contents/Resources/Acknowledgments/. Some entries in that list credit material that is not contained in the Licensed Application — for example datasets used only to train Stemy's own models, and models that are downloaded when you first use a feature that needs them. The list says which.

3.2 Where a license or notice covering a listed component grants you rights that this EULA would otherwise restrict — including rights under a free-software or open-source license, a Creative Commons license, a public-domain dedication, or the SIL Open Font License — that license controls for that component, and nothing in this EULA limits, conditions or adds to those rights. The restrictions in Section 2.2 apply except to the extent they are prohibited by applicable law or permitted by the license governing a listed component. This Section 3.2 applies only to components the Acknowledgments identify as third-party; it does not apply to components the Acknowledgments identify as Developer's own (marked "Proprietary (Stemy first-party)"), which are licensed to you under this EULA alone. The license granted in Section 2.1 to the Licensed Application as a whole remains non-transferable.

3.3 Creative Commons and font-licensed material. Some listed components are licensed to you under a Creative Commons license — for example the groove templates Stemy derives from the Groove MIDI Dataset, which is licensed under CC BY 4.0 — or under the SIL Open Font License (the Outfit fonts). For those components, and for any material in the Licensed Application that is adapted from them, Section 2.2 does not apply. You may exercise every right the relevant license gives you. Nothing in this EULA is intended to impose any additional or different term or condition on that material, to apply any technological measure to it, or to prevent any recipient of it from complying with its license. Some of those Creative Commons licenses are ShareAlike licenses. The Acknowledgments identify which listed components are under a ShareAlike license and which version applies. For such a component, and for material in the Licensed Application adapted from it, that license's ShareAlike condition applies to you and to anyone you pass the material on to, and nothing in this EULA is intended to prevent you from complying with it.

3.4 LAME MP3 encoder. The Licensed Application's MP3 export uses the LAME MP3 encoding library ("LAME", https://lame.sourceforge.io). LAME's authors license it under the GNU Library General Public License, version 2, or (at your option) any later version. Developer provides it to you under version 2.1, the GNU Lesser General Public License (the "LGPL"), and the text of version 2 ships beside the LGPL text, so you may instead rely on version 2 or on any later version published by the Free Software Foundation. The following apply:

(a) LAME is included as a separate, dynamically linked library at Stemy.app/Contents/Frameworks/LAME.framework. The Licensed Application loads it at run time and calls only functions declared in LAME's public header.

(b) The texts of both license versions and the complete corresponding source code of the LAME version used are included inside the application bundle at Stemy.app/Contents/Resources/Acknowledgments/LAME/. So are the build script, the build record, the verification script and the configure outputs that produced the included library, and RELINKING.txt, which gives step-by-step instructions for rebuilding LAME, replacing it in your copy, and re-signing that copy so macOS will run it. LAME's copyright notices are shown with the LAME entry on the Open Source Licenses screen named in Section 3.1. Developer meets the LGPL's Section 6 requirement by accompaniment under its subsection 6(a): the complete corresponding source code for LAME accompanies the Licensed Application, and the application bundle you receive is itself the complete machine-readable "work that uses the Library" in object-code form, from which you can relink a modified LAME by replacing LAME.framework as RELINKING.txt describes.

(c) Notwithstanding Section 2.2 and anything else in this EULA, and to the extent permitted by applicable law, you may:
(i) modify your copy of the Licensed Application for your own use, including by replacing LAME.framework with a modified or different version of LAME;
(ii) reverse-engineer the Licensed Application to the extent needed to debug such modifications; and
(iii) re-sign your modified copy on your own Mac so that macOS will run it.
These permissions are for your own use. They do not permit you to distribute a modified copy of the Licensed Application. Developer grants them in full and does not condition them on anything. Sections 1.2 and 3.6 explain how they sit alongside the Apple Media Services Terms and Conditions, which are a separate agreement between you and Apple.

(d) You may copy, modify and distribute LAME itself under the terms LAME's own authors grant — the GNU Library General Public License version 2, or, at your option, any later version — whichever version you choose. No restriction in this EULA — including those in Sections 2.2 and 14 — applies to LAME itself. LAME's authors additionally ask, in the LICENSE file shipped with LAME's source, that anyone who modifies LAME release those modifications back to the LAME project under the LGPL.

(e) Replacing LAME.framework breaks the signature on your copy (Apple's signature on a copy from the Mac App Store, or the Developer ID signature on a copy distributed outside the Mac App Store), so you must re-sign it yourself. Doing so requires removing the entitlements that only Apple can authorise. In a copy re-signed that way, iCloud project sharing and push notifications stop working, and the Licensed Application detects their absence and switches them off. Weather data also stops working, but the Licensed Application does not detect that: if you had the weather feature switched on, it stays switched on in Settings, every request to Apple Weather fails, and the visualizer falls back to synthesised weather. Apple Music catalog lookups and playback through MusicKit, and music recognition through ShazamKit, depend on Apple services provided to Developer's application identifier, which re-signing removes, so they are not expected to work in such a copy either. MP3 export is unaffected. You may sign the copy without the hardened runtime, or keep the hardened runtime and disable its library validation. Both routes are described in RELINKING.txt, which records how Developer carried them out and what was verified.

(f) Developer does not provide support for modified copies of the Licensed Application. An update installed from the App Store may replace your modifications.

3.5 The complete corresponding source code for LAME already accompanies the Licensed Application, inside the application bundle. In addition, on request to the address in Section 16, made within three (3) years after you obtained the Licensed Application, Developer will provide, at no more than the cost of performing that distribution, the materials that subsection 6(a) of the LGPL specifies: the complete corresponding machine-readable source code for LAME, including whatever changes were used in the Licensed Application, and the complete machine-readable "work that uses the Library" — the Licensed Application in the object-code form in which you received it — so that you can modify LAME and relink to produce a modified executable containing your modified LAME. Developer will do the same for any other listed component whose license requires Developer to offer it. A request sent to the email address in Section 16 is sufficient. This offer is in addition to the source that accompanies the Licensed Application, not a substitute for it.

3.6 Nothing anywhere else in this EULA limits the rights granted in Sections 3.2, 3.3 and 3.4. Those rights are required by the licenses of the third-party components the Licensed Application includes, and Developer grants them in full. Section 1.2 is not a limit Developer imposes: it records that this EULA does not purport to override the Apple Media Services Terms and Conditions, which are a separate agreement between you and Apple. Where a right granted in Section 3.4 conflicts with those Apple terms, Section 1.2 decides which governs as between you and Apple; Developer's grant stands as far as it is Developer's to give.

4. DATA

4.1 The Licensed Application runs on your Mac. It contains no analytics, telemetry, crash-reporting, advertising or tracking software, creates no account, and assigns no advertising or device identifier. Developer does not automatically collect information about you, your device or your use of the Licensed Application. Your audio, projects and analysis stay on your Mac except where you send them and except where a feature described in Sections 6 and 7 sends something on your behalf. Some of those features are on by default, and some run automatically once you give the Licensed Application a permission; Sections 6.1, 6.4, 6.6 and 7.6 say which.

4.2 The only information that reaches Developer is what you choose to send through the optional "Contribute Training Data" feature in Settings. It is off by default and does nothing unless you turn it on, choose projects and send the file yourself. That file contains, for each project you choose: its genre label and that label's source (in the edition distributed through the Mac App Store, only genre labels you set yourself; in other editions, also genres the Licensed Application filled in automatically if you turn off "Only genres I set myself"), a detected tempo and key, abstract numerical measurements of your audio (including timbre summaries and, unless you turn it off, a learned audio embedding), the application version and build, and a randomly generated installation identifier used only to recognise repeat submissions. It contains no audio, no titles, filenames or file paths, and no names or contact details. You can preview the file before sending it.

4.3 If you send a Contribute file, you grant Developer a perpetual, worldwide, non-exclusive, royalty-free license to use the data in it to develop, train, evaluate and improve the Licensed Application and its models, and to retain it for that purpose. You confirm that you hold, or are otherwise permitted to make, the measurements in that file from the audio they were computed from. Developer will not sell that data, use it to advertise to you, or use it to track you. Nothing is sent unless you send it; if you do not agree to this Section 4.3, do not use the Contribute feature.

4.4 Several features contact third parties on your behalf, and some upload your own files to your own iCloud account or, when you add a stem version or comment to a project someone has shared with you, to that person's iCloud account. Sections 6 and 7 describe them. Information sent that way goes to that provider under that provider's own terms and privacy policy; it does not reach Developer.

4.5 The Licensed Application's privacy practices are described in full in its privacy policy, available in the Licensed Application under Help > Privacy Policy, where each edition of the Licensed Application shows the policy that applies to that edition. The policy for the edition distributed through the Mac App Store is also available at https://dilawarzaman.github.io/stemy-legal/privacy/. If this Section 4 and the privacy policy for your edition differ, that privacy policy governs.

4.6 Contacts. If you add collaborators from your Mac's Contacts, the Licensed Application asks macOS for access to your address book and stores the details you pick — name, organisation, email address, telephone number, picture and the macOS contact identifier — on your Mac. Those are another person's personal data, and you are responsible for handling them lawfully. They are not sent to Developer.

5. YOUR CONTENT

5.1 "Your Content" means the audio, recordings, projects, text, images and other material you import into, record into, or create with the Licensed Application, and the stems, renders, exports, analyses, transcriptions and other files the Licensed Application produces from it.

5.2 You keep all rights you have in Your Content. This EULA gives Developer no ownership of it and no license to it. The only exceptions are the Contribute feature described in Section 4 and the sharing you yourself initiate under Section 7.

5.3 Your Content is stored on your own Mac: audio, stems and renders as ordinary files, and project data — projects, analyses, markers, comments, tasks, notes, assistant transcripts and the Crate index — in local databases and files. Project > Export > Data Export (CSV)… exports the categories you select as one CSV file: project metadata, tasks, time reports, mix-health results, analyses and markers, stem details, and your imported listening-library tracks and taste profile; it does not include audio, comment threads, assistant transcripts or the Crate index. Except for a Contribute file you send under Section 4, Developer keeps no copy of Your Content and cannot access it. Keeping your own backups is your responsibility.

5.4 The Licensed Application uses machine-learning models and signal processing, running on your Mac, to separate recordings into stems, to detect tempo, key, chords, sections and loudness, to transcribe lyrics, and to answer questions about your projects. It transcribes speech through Apple's speech recognition, which runs on your Mac where your language has an on-device model and may otherwise be processed by Apple's service, as Section 6.1 describes. As between you and Developer, the files and results these features produce are Your Content, and Developer claims no rights in them.

5.5 A stem, transcription or analysis produced from a recording is derived from that recording and carries the same rights and restrictions the recording does. Separating a recording you do not have the rights to does not give you rights in the result.

5.6 These features are automatic and approximate. Detected tempo, key, chords, section boundaries, loudness figures, mix advice, transcriptions, separated stems and assistant answers may be wrong, incomplete or unsuitable for your purpose, and Developer does not warrant any of them. Check anything you rely on. Section 10 applies to them in full.

5.7 You are responsible for holding the rights needed for Your Content, including any recording you did not make yourself, and for how you use what the Licensed Application produces from it.

6. EXTERNAL SERVICES AND THIRD-PARTY CONTENT

6.1 The Licensed Application may give you access to services and content provided by third parties (collectively and individually, "External Services"). These include: music recognition through Apple's ShazamKit, which is on by default and sends an acoustic fingerprint of your audio to Apple whenever the Licensed Application identifies a track — when you add or import a track (including while you review an import), when it looks up artwork or metadata for a project (including at launch), when a title is cleaned, when you open the Split Stems sheet, and whenever you ask it to identify a track; artwork and metadata lookup through Apple's iTunes Search service, which is on by default and sends a title and artist as search terms; catalog lookup and links through Apple Music and MusicKit, which, once you have given the Licensed Application Media & Apple Music permission, also run automatically when you import a track, when a title is cleaned and when a project is tinted from its cover art, and send a title and artist or an ISRC to Apple as search terms; searching and playing the Apple Music catalog through the assistant, which sends your search term to Apple; weather data through Apple Weather, which is off by default and, if you turn it on, sends your approximate location to Apple; project sharing through Apple iCloud, covered by Section 7; scrobbling to your own ListenBrainz account, only if you supply a token; public space-weather data from NOAA, which is on by default, is refreshed about every fifteen minutes while the Licensed Application is running, feeds a visualizer and several analysis panels, and can post a local notification on your Mac when geomagnetic activity rises; speech recognition through Apple, which runs on your device where your language has an on-device model and may otherwise be processed by Apple's service; plugin update checks, covered by Section 6.6; and downloads of machine-learning models from third-party hosts including GitHub and Hugging Face. The privacy policy referred to in Section 4.5 describes what is sent to each one and how to turn the optional ones off. You use External Services at your sole risk.

6.2 Developer is not responsible for examining or evaluating the content or accuracy of any External Service. Data displayed by the Licensed Application or an External Service is for general informational purposes only and is not guaranteed.

6.3 You will not use External Services in any manner that is inconsistent with this EULA or that infringes the intellectual property rights of Developer or any third party. You also agree not to use External Services to harass, abuse, stalk, threaten or defame any person or entity, to transmit any virus, worm, trojan horse or other malware, or to trespass on or burden the capacity of any network, and that Developer is not responsible for any such use by you.

6.4 Content and results supplied by an External Service remain subject to that provider's terms. Machine-learning models that the Licensed Application downloads are not part of the Licensed Application and are not licensed to you by Developer. It downloads them when a feature needs them, including, automatically, for a split that starts after an import while "Auto-split stems" is on, and when you press a download button in Settings > Splitting. For each such model, the Acknowledgments record the license its publisher declares — and record where no license has been declared at all. Where no license has been declared, Developer makes no representation about your rights in that model and grants you none. Apart from the downloads this Section says happen automatically, you decide whether to download a model on those terms; in every case you decide whether to use it, and you are responsible for any use you make of its output.

6.5 Developer may change, suspend, remove or restrict the Licensed Application's access to any External Service at any time, without notice or liability to you. External Services operated by third parties may also be changed, restricted or withdrawn by those third parties at any time, and may not be available in every language or in every location. Developer does not warrant that any External Service will remain available.

6.6 Third-party audio plugins. The Licensed Application can find, load and run audio plugins installed on your Mac, and can check their vendors' update servers. The edition of the Licensed Application that Developer distributes outside the Mac App Store can also download the installers those vendors publish and, when you ask it to, install them. The Mac App Store edition never downloads or installs plugins: to install an update, it opens the vendor's website in your browser or the vendor's own app. Update checks run automatically: the Licensed Application checks shortly after launch on the first run, whenever its last check is more than a day old, and whenever the previous session found updates; it also checks on any recurring schedule you set, and no recurring schedule is set unless you set one. A check contacts the update servers your plugins' vendors publish, and GitHub and Homebrew, which reveals to those providers which plugins you have installed. Browsing the plugin library also fetches plugin icons and vendor pages from those vendors' websites, which reveals the same thing to them. Switching plugin support off in Settings stops the check that runs at launch; to stop a recurring scheduled check, set the update-check schedule to Never. Plugins and installers are third-party software. Developer did not write them, does not control them, does not endorse them and does not check them, and they are governed by their own vendors' license terms, not by this EULA. A plugin runs inside the Licensed Application and can make it behave unexpectedly, produce unexpected audio, or stop responding. You decide which plugins to install and run, and you do so at your own risk.

7. ICLOUD PROJECT SHARING

7.1 The Licensed Application can share a project through Apple iCloud. Nothing is uploaded until you share a specific project, or until you add a stem version or comment to a project someone has shared with you. When you share a project, that project's metadata and analysis, its artwork, the original imported source audio, its stems (unless you choose to share the mix only) and, if you use them, per-stem audio versions and comments are uploaded to your own iCloud account and made available to the people you invite. The Licensed Application will not upload a recording from your Music library, as a project's audio or as a stem version, and will not share a project classified as a reference or an import rather than your own work; a stem you marked as a reference is left out of a share.

7.2 That data is stored by Apple in your iCloud account, under Apple's terms. The people you invite read it from there through their own iCloud sign-in and download copies to their Macs; it is not copied into their iCloud accounts. Stem versions and comments that the people you invite add to your shared project are stored in your iCloud account too, and a stem version or comment you add to a project someone has shared with you is stored in that person's iCloud account. Developer has no access to any of it, cannot retrieve it, and cannot delete it for you.

7.3 Sharing a project distributes the recording in it to other people. You are responsible for having the rights to do that, and for what the people you invite do with what you send them.

7.4 Stopping sharing withdraws a participant's future access. It does not delete copies already downloaded to that participant's Mac. Turning iCloud sharing off in Settings prevents new shares; it does not withdraw shares you have already created and does not delete what is already in your iCloud.

7.5 Sharing requires a signed-in iCloud account and sufficient iCloud storage. Developer does not provide iCloud storage and is not responsible for its availability.

7.6 iCloud sharing is on by default. The Licensed Application registers with Apple's push notification service at each launch, whether or not iCloud sharing is switched on, and, while it is switched on, also installs a change subscription in your iCloud account, so that a project someone shares with you appears without your having to refresh. Neither step uploads any project data; nothing is uploaded except as described in Section 7.1.

7.7 You will not use sharing to distribute material that is unlawful, or that harasses, abuses, stalks, threatens or defames any person or entity. You are responsible for what you contribute to a shared project, including comments. Developer cannot see, moderate or remove anything in a shared project: it lives in your iCloud account and on the participants' own Macs.

8. THIRD-PARTY TERMS OF AGREEMENT

You must comply with applicable third-party terms of agreement when using the Licensed Application. Examples include your internet service agreement, the Apple Media Services Terms and Conditions, and the terms that govern any audio, music or other content you import, process or export with the Licensed Application.

9. MAINTENANCE AND SUPPORT

Developer is solely responsible for providing any maintenance and support services for the Licensed Application, as specified in this EULA or as required under applicable law. Requests for support should be sent to the contact details in Section 16. You and Developer acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services for the Licensed Application.

10. WARRANTY

10.1 Developer is solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed.

10.2 If the Licensed Application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the Licensed Application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Licensed Application. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are Developer's sole responsibility.

10.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY IT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. DEVELOPER DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY. THIS INCLUDES, BUT IS NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so these exclusions and limitations may not apply to you. Nothing in this Section limits any warranty right that the law of your state or country makes non-waivable.

10.4 Consumers in the European Economic Area and the United Kingdom. Nothing in Sections 10 or 11 excludes, limits or affects any mandatory statutory right you have as a consumer. If you are a consumer habitually resident in the European Economic Area or the United Kingdom, you keep your legal guarantee of conformity. Developer remains liable for a lack of conformity of the Licensed Application that exists at the time of supply and becomes apparent within two years of supply, or for longer where the law of your country of residence so provides. You keep your statutory remedies: to have the Licensed Application brought into conformity free of charge, and, where the conditions of your national law are met, to a proportionate reduction of the price or to termination of the contract and a refund. Sections 10.3 and 11 apply to you only so far as the law of your country of residence permits, and where that law makes a right or remedy non-excludable, that right or remedy prevails over anything in this EULA.

10.5 Updates. Developer will inform you of, and make available, updates — including security updates — that are necessary to keep the Licensed Application in conformity, for as long as you may reasonably expect given the nature and purpose of the Licensed Application, and in any event for any period required by the law of your country of residence. Updates to the Mac App Store edition of the Licensed Application are delivered through the App Store. No edition of the Licensed Application downloads or installs updates to itself. If Developer tells you that an update is available and what happens if you do not install it, and you do not install it within a reasonable time, Developer is not liable for a lack of conformity that results solely from the missing update, unless your failure to install it was caused by shortcomings in the installation instructions Developer supplied.

11. LIMITATION OF LIABILITY

11.1 Nothing in this EULA excludes or limits Developer's liability for: (a) death or personal injury caused by Developer's negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or wilful misconduct; (d) any liability arising under a product-liability regime that cannot be excluded; or (e) any other liability that cannot lawfully be excluded or limited. The rest of this Section 11 is subject to this Section 11.1.

11.2 TO THE EXTENT NOT PROHIBITED BY LAW, AND SUBJECT TO SECTION 11.1, IN NO EVENT SHALL DEVELOPER BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR BUSINESS INTERRUPTION. IT APPLIES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If you are a consumer, this Section does not exclude Developer's liability for damage caused to your device or to your other digital content where that damage would not have occurred had Developer exercised reasonable care and skill, and does not affect any remedy the law of your country of residence gives you for such damage.

11.3 Subject to Section 11.1, and except where the law of your country of residence gives you a right that cannot be limited, Developer's total liability to you for all damages arising out of or related to the Licensed Application shall not exceed the greater of (a) the amount you paid for the Licensed Application and (b) fifty U.S. dollars (US$50.00). This limit applies even if a remedy stated in this EULA fails of its essential purpose. It does not apply to the statutory remedies preserved by Section 10.4.

11.4 Some jurisdictions do not allow some of the limitations in this Section. Where that is so, the limitation does not apply to you, and the carve-outs in Sections 10.4 and 11.1 apply in any event. Nothing in this EULA limits Developer's liability to you beyond what is permitted by applicable law.

12. PRODUCT CLAIMS

12.1 You and Developer acknowledge that Developer, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of it. This includes, but is not limited to: (a) product liability claims; (b) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation, including in connection with any use by the Licensed Application of the HealthKit and HomeKit frameworks.

12.2 This EULA does not limit Developer's liability to you beyond what applicable law permits.

13. INTELLECTUAL PROPERTY RIGHTS

13.1 You and Developer acknowledge the following. If a third party claims that the Licensed Application, or your possession and use of it, infringes that third party's intellectual property rights, Developer, not Apple, will be solely responsible for investigating, defending, settling and discharging the claim.

13.2 Stemy is not affiliated with, sponsored by or endorsed by Mixed In Key LLC. Mixed In Key is a trademark of its owner, used in the Licensed Application only to name that product: where the Licensed Application reads a Mixed In Key library you already have on your Mac, where it imports key, tempo, energy, cue-point and other track data from that library, and where it refers to that product in settings, onboarding and the notes it writes into project archives. Apple, Apple Music, Apple Weather, Shazam, ShazamKit, MusicKit, WeatherKit and iCloud are trademarks of Apple Inc. ListenBrainz, MetaBrainz, GitHub, Homebrew and Hugging Face are trademarks of their respective owners and are named only to identify the services the Licensed Application contacts. Other product and company names are trademarks of their respective owners, used only to identify those products and companies.

14. LEGAL COMPLIANCE AND EXPORT

14.1 You represent and warrant that (a) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" region; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's Specially Designated Nationals List and the U.S. Department of Commerce Denied Persons List and Entity List.

14.2 You may not use, export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which you obtained it. You also agree not to use the Licensed Application for any purpose prohibited by United States law, including the development, design, manufacture or production of nuclear, missile, or chemical or biological weapons.

15. TERM AND TERMINATION

15.1 This EULA takes effect when you first install or use the Licensed Application and continues until terminated under this Section.

15.2 You may terminate at any time by ceasing all use of the Licensed Application and removing all copies from your Apple-branded products.

15.3 Developer may terminate this EULA if you materially breach it and, where the breach can be put right, you fail to put it right within thirty (30) days after Developer gives you written notice identifying the breach. If you are a consumer, Developer will not terminate for a trivial or inadvertent breach, and termination does not affect any refund or other remedy the law gives you.

15.4 On termination you must stop using the Licensed Application and remove it from your Apple-branded products.

15.5 Your Content remains yours. Termination does not affect your ownership of, or your access to, Your Content. It is stored on your own Mac as described in Section 5.3; except for a Contribute file you send under Section 4, Developer does not hold it, and Developer cannot withhold it from you. Developer will not use content you provided or created except as described in Section 4 and in the privacy policy referred to there.

15.6 Termination does not affect (a) rights you hold under a third-party license described in Section 3, which continue on their own terms, or (b) Developer's undertaking in Section 3.5, which remains open for the full period stated there whether or not this EULA has terminated.

15.7 Sections 3, 4, 5, 10, 11, 12, 13, 16, 18 and 20 survive termination.

16. DEVELOPER NAME, ADDRESS AND CONTACT

Questions, complaints or claims about the Licensed Application should be directed to:

Music Masters Unlimited LLC
1206 Sienna Hill Dr
Houston, TX 77077
United States
Email: musicmastersunlimited@gmail.com

17. U.S. GOVERNMENT END USERS

The Licensed Application is "commercial computer software" and the accompanying documentation is "commercial computer software documentation", as those terms are used in 48 C.F.R. §12.212 and 48 C.F.R. §227.7202. Consistent with those provisions, the Licensed Application and its documentation are licensed to U.S. Government end users (a) only as commercial computer software and commercial computer software documentation and (b) with only the rights granted to all other end users under this EULA.

18. GOVERNING LAW AND FORUM

18.1 Except as provided in Section 18.2, and except to the extent required by applicable law, this EULA is governed by the laws of the State of Texas, United States of America, excluding its conflict-of-law provisions, and you and Developer submit to the exclusive jurisdiction of the courts of Harris County, Texas.

18.2 Section 18.1 does not apply if you are a consumer. Nothing in Section 18.1 deprives you of the protection of provisions of the law of the country in which you are habitually resident that cannot be derogated from by agreement. You may bring proceedings in the courts of that country, and Developer will bring proceedings against you only in the courts of that country, where the law of that country so provides. For consumers habitually resident in the European Economic Area, Switzerland or the United Kingdom, the governing law and the competent courts are the law and courts of your place of habitual residence.

18.3 The United Nations Convention on Contracts for the International Sale of Goods does not apply to this EULA.

19. THIRD-PARTY BENEFICIARY

You and Developer acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this EULA. Upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.

20. GENERAL

20.1 If any provision of this EULA is held unenforceable, the remaining provisions remain in effect.

20.2 This EULA, together with the privacy policy referred to in Section 4 and the third-party licenses referred to in Section 3, is the entire agreement between you and Developer regarding the Licensed Application, and replaces any earlier understanding about it. Nothing in this Section limits your rights under any of those documents.

20.3 Section 3.2 governs any conflict between this EULA and a third-party license covering a component of the Licensed Application.

20.4 This EULA is available in the Licensed Application (under Help > Terms of Use, and in Settings > General > About), on the Licensed Application's App Store product page under License Agreement, and at https://dilawarzaman.github.io/stemy-legal/eula/.