End User License Agreement
Effective date: September 14, 2026
This End User License Agreement ("Agreement") is between you and Fastrack Music, Inc., a New York corporation doing business as Impetus Software ("we," "us"), and governs your use of the Impetus software application and any accompanying files and documentation (the "Software"). By downloading, installing, or using the Software, you agree to this Agreement. If you do not agree, do not install or use the Software.
Purchases of Software licenses are processed by Freemius, Inc. as merchant of record, and the purchase transaction itself is additionally subject to the Freemius End User License Agreement presented at checkout. See Section 12 below.
1. License grant
Subject to this Agreement and payment of the applicable license fee, we grant you a personal, non-exclusive, non-transferable license to install and use the Software on macOS devices that you own or control, up to the number of activations permitted by your license.
2. Free trial
We may offer the Software on a free trial basis for a limited period. At the end of the trial period, the Software's functionality will be limited unless you purchase a license. We may change or discontinue trial terms at any time for future users.
3. Restrictions
You may not: (a) copy, distribute, sell, sublicense, rent, or lease the Software to any third party; (b) reverse engineer, decompile, or disassemble the Software except to the extent permitted by applicable law; (c) modify or create derivative works of the Software; (d) circumvent or attempt to circumvent the Software's license enforcement or trial mechanisms; or (e) share your license key with others.
4. Ownership
The Software is licensed, not sold. We retain all right, title, and interest in and to the Software, including all intellectual property rights. This Agreement grants you no rights to our trademarks or branding.
5. License keys and activation
Your license key is for your use only. The Software communicates with our licensing provider (Freemius) to activate and periodically validate your license, and may limit functionality if a license cannot be validated or has been refunded, revoked, or cancelled.
Your license is administered by Freemius as merchant of record. Freemius may terminate a purchase under its own terms, in which case any refund due is determined by those terms.
6. Updates
Your license includes updates to the Software for as long as we continue to offer and support it. This Agreement applies to any update we provide unless that update is accompanied by separate terms. We do not guarantee any particular update schedule, the addition of any specific feature, or continued compatibility with any particular version of macOS or with any third-party software or hardware, and we may discontinue development of the Software at any time.
7. Third-party software and services
The Software works with third-party hardware and software (such as MPE keyboards and digital audio workstations) that we do not control. We make no representations about, and are not responsible for, third-party products or services. Product names mentioned are trademarks of their respective owners and are used for identification purposes only; no affiliation or endorsement is implied.
8. Disclaimer of warranty
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, OR BUSINESS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SOFTWARE. OUR TOTAL LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR LICENSE. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
10. Termination
This Agreement is effective until terminated. It terminates automatically if you breach any of its terms. Upon termination, you must stop using the Software and delete all copies. Sections 4 and 8–13 survive termination.
11. Governing law
This Agreement is governed by the laws of the State of New York, without regard to its conflict of laws principles. Any dispute arising under this Agreement will be resolved in the state or federal courts located in New York.
12. Relationship to Freemius terms
Your purchase is processed by Freemius, Inc. as merchant of record and is separately governed by the Freemius End User License Agreement presented at checkout (the “Freemius EULA”). The Freemius EULA contains its own dispute resolution provisions, including mandatory individual arbitration, a waiver of class actions and jury trial, and its own arbitration venue.
Those provisions govern disputes between you and Freemius arising out of the purchase transaction, including billing, payment, order processing, and the administration of refunds. To the extent this Agreement conflicts with the Freemius EULA in respect of the purchase transaction, the Freemius EULA controls.
Disputes between you and us concerning the Software itself — including this Agreement, the license granted under it, and support — are governed by Section 11 above. Where such a dispute also falls within the scope of the Freemius EULA's arbitration agreement, that agreement governs the forum in which it is heard.
You may decline the Freemius EULA's arbitration agreement by notifying Freemius at legal@freemius.com within thirty (30) days, as described in that agreement.
13. General
This Agreement is the entire agreement between you and us regarding the Software. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce any provision is not a waiver.
Contact
Questions about this Agreement? Contact us.
Fastrack Music, Inc. (d/b/a Impetus Software), New York, USA