This End-User License Agreement (the “EULA”) is entered into between Clément Maurin EI, a French individual entrepreneur trading under the business name Wav.farm, SIREN 107 740 961, RCS Caen, SIRET 107 740 961 00019, 2 Avenue du 6 Juin, 14114 Ver-sur-Mer, France (the “Publisher” and, for purposes of this EULA, the “Licensor”), and any person installing or using the PictoWave software in its “PictoWave” or “PictoWave Pro” edition (macOS application and AAX-format plug-in, the “Software”), referred to as the “User”. “Customer” means the purchaser of the Software as defined in the PictoWave Commercial Terms.
A “major version” of the Software is one whose first version number differs from that of the version already purchased (for example, moving from 1.x to 2.x). Bug fixes and maintenance, security or feature updates released without changing that first number (each, an “update”) remain within the same major version.
This EULA governs only the license and use of the Software. The purchase transaction is entered into with Sold through Link, LLC f/k/a Lemon Squeezy LLC (“Lemon Squeezy”), acting as authorized reseller and Merchant of Record, in accordance with its Buyer Terms. Price, payment, taxes, withdrawal rights and refunds relate to that purchase transaction and the PictoWave Commercial Terms and are not governed by this EULA.
The installer presents this EULA and requires the User’s express acceptance before installation can continue. By accepting it, the User agrees to comply with its terms whether the Software is used during the trial period or under a paid license. If the User does not accept this EULA, the User must not install or use the Software.
If a person installs or uses the Software on behalf of a company, employer or other organization, that person represents that they have authority to accept this EULA on its behalf; in that case, “User” also includes that organization, which is responsible for use of the Software by persons it authorizes. The applicable version of the EULA is the version presented and accepted during installation. The Licensor may revise the EULA for future versions or updates; a revision does not retroactively reduce rights attached to a perpetual license already acquired, and any new version of the EULA whose acceptance is required will be presented to the User before it applies.
Subject to compliance with this EULA and, for a paid version, the valid acquisition of the corresponding license, the Licensor grants the User a right to use the Software that is:
The Licensor makes available a free, fully featured 14-day trial of the Software starting on first launch, with no payment or credit card required. After that period, continued use requires activation of a valid license. The trial is provided solely for evaluation. To the extent permitted by law, it is provided “as is” without warranties other than those that cannot legally be excluded or limited. Any attempt to circumvent the duration or limitations of the trial is prohibited under Section 9.
The Licensor may make available versions identified as beta, pre-release or test versions. Unless otherwise stated, they are intended for evaluation and not production use, may contain errors or incomplete features, and may be modified, time-limited or withdrawn at any time. To the extent permitted by law, they are provided “as is” without any specific warranty. Any mandatory rights that apply remain reserved, and feedback on these versions is governed by Section 7.
Audio and video content that the User opens, plays, analyzes or displays using the Software remains the property of the User or the relevant rights holders. The Licensor claims no rights over that content. The User remains responsible for holding the rights and permissions required for content processed using the Software. Audio and video processing is performed locally on the User’s machine, and the Software does not transmit any audio or video content, in whole or in part, to the Licensor or any third party. The only technical data transmitted by the Software is data required for the functions described in Sections 10 and 12 and in the Privacy Policy.
The User may send the Licensor comments, suggestions or improvement ideas relating to the Software. Unless a written confidentiality agreement has been agreed in advance, such feedback is not treated as confidential. The User grants the Licensor a non-exclusive, worldwide, royalty-free, transferable and perpetual right to use, reproduce, adapt and incorporate that feedback into its products or services without compensation or attribution. The User remains free to use their own ideas, and the Licensor is under no obligation to implement any feedback.
Subject to the third-party components described in Section 21, the Software, its code, architecture, interface, graphical elements and documentation are protected by applicable intellectual property rights and remain the property of the Licensor or its licensors. This EULA transfers no ownership right to the User and grants only the rights of use expressly stated. Rights relating to third-party components remain governed by their respective licenses.
“Avid”, “Pro Tools” and “AAX” are trademarks or other distinctive signs of Avid Technology, Inc. PictoWave is an independent third-party product designed to be compatible with the AAX format; it is not developed, published, distributed, warranted, approved or sponsored by Avid Technology, Inc.
Unless expressly authorized in writing by the Licensor, permitted by mandatory law, including applicable statutory exceptions relating to software, or permitted by a third-party component license referred to in Section 21, the User shall not:
A material breach of this Section may result in suspension or termination of the license under Section 16. In cases of fraud, intentional circumvention of licensing mechanisms, or unauthorized distribution of the Software or a license key, the Licensor may act immediately, subject to applicable mandatory rights. Such action does not create any separate right to a refund, except where required by mandatory law or provided under Lemon Squeezy’s Buyer Terms.
The Software is activated using a unique license key. The key is verified online upon activation and periodically thereafter through license-management functionality operated via Lemon Squeezy. An occasional Internet connection is therefore required; the Software may remain functional offline between verifications. Data used for this purpose, including the license key and machine identifier, is described in the Privacy Policy.
These license-management features depend on the availability of Lemon Squeezy's services, which the Publisher does not control and does not guarantee to be uninterrupted. An unavailability of these services does not affect the use of an already-activated license: the Software remains functional between checks, and a check that fails for lack of a server response does not revoke the license. Only activating a new license and releasing or transferring an activation require these services to be available at the time they are requested.
When upgrading from PictoWave to PictoWave Pro, the PictoWave license used to establish upgrade eligibility is permanently retired and can no longer be used; it is replaced by the PictoWave Pro license. Retirement of the license is distinct from releasing a machine, which only releases an activation and does not delete the license.
Releasing a machine releases the associated activation so that the same license may be activated on another Mac, within the permitted number of activations. Release does not delete or transfer the license itself and is distinct from the permanent retirement of a PictoWave license following an upgrade to PictoWave Pro.
Subject to applicable mandatory rights, a perpetual license may be transferred in its entirety to a third party provided that the User permanently stops using it, deletes copies the User is no longer authorized to retain, does not retain the license key, informs the transferee of this EULA and notifies the Licensor at support@pictowave.com so that the license may be technically reassigned where necessary. A license may not be split or partially transferred. A PictoWave license retired following an upgrade to PictoWave Pro can no longer be transferred.
The license is perpetual for the major version of the Software purchased. The Licensor may release bug fixes and maintenance, security or feature updates within that major version; when released, they are provided at no additional charge. Unless otherwise required by law, the Licensor is not required to release discretionary updates or maintain indefinite compatibility with future versions of macOS, Pro Tools, AAX or other third-party components. A new major version may constitute a separate product and may be offered separately or as a paid upgrade. The license for the major version already purchased remains valid for as long as that version remains technically usable. Technical support is provided by email at the address in Section 20 on a reasonable-efforts basis and with no guaranteed response time.
Where mandatory law applicable to a consumer User requires the provision of, or information about, updates necessary to maintain conformity of the Software, the Licensor will provide those updates for the period required by law. Where permitted by law, the Licensor is not responsible for a lack of conformity resulting solely from the User’s failure to install, within a reasonable period, a necessary update after the User has been duly informed of its availability and the consequences of not installing it.
At each launch, the Software may automatically check online for an available update. This check transmits only the technical information and identifiers described in the Privacy Policy; this EULA does not characterize those data as “anonymous”. Following a crash, the Software may offer to send a technical diagnostic report; the report is sent only after an affirmative action by the User.
Certain features rely on online services operated by the Publisher: remotely releasing a seat that is already in use, issuing the discount code for the upgrade to PictoWave Pro, counting the trial period and automatically checking for updates. These services are ancillary to the Software: once the license is activated the Software runs without them, and releasing a machine locally, from that same machine, is sent directly to Lemon Squeezy, without going through the Publisher's infrastructure.
The Publisher does not undertake to maintain these ancillary services indefinitely. It undertakes to maintain them for a reasonable period having regard to the nature of the Software and the User's legitimate expectations, and to inform Users by appropriate means before any permanent discontinuation. Where a service due to be discontinued conditions the exercise of a right of the User, in particular transferring a license from one machine to another, the Publisher shall make an alternative means available, if necessary on request to support.
These provisions apply without prejudice to the statutory guarantee of conformity applicable to digital content and services and to any other mandatory rights available to a Customer acting as a consumer.
PictoWave is an assistance tool intended in particular for professionals working with sound for picture. The User remains responsible for checking the stated technical requirements, maintaining appropriate backups of files and projects and, when using the Software professionally, for the User’s professional decisions, checks and deliverables.
For Users not acting as consumers and not entitled to equivalent mandatory protection, the Software is provided, to the extent permitted by law, “as is” and as available. The Licensor does not warrant error-free or uninterrupted operation, fitness for a particular purpose that has not been expressly accepted, or compatibility with an environment not stated as supported. To the extent permitted by law, the Licensor is not liable for indirect or consequential loss, including loss of revenue, profits, business opportunity, production time or data, and the Licensor’s total aggregate liability under this EULA is limited to the amount excluding taxes actually paid for the license giving rise to the claim. This limitation does not apply in cases of gross negligence or wilful misconduct, personal injury, where it would deprive an essential obligation of its substance, or in any other case where liability cannot legally be excluded or limited.
Where a User acts as a consumer, nothing in this EULA excludes or limits warranties, remedies or liabilities granted by mandatory law. Where French law applies, this includes in particular the statutory rights relating to conformity of digital content under Articles L. 224-25-12 et seq. of the French Consumer Code and obligations relating to necessary updates. The practical allocation of requests between Lemon Squeezy and the Licensor is described in the PictoWave Commercial Terms and does not limit any mandatory remedy.
Where the User acts for professional purposes and is not a consumer or other non-professional entitled to mandatory protection, the User shall indemnify the Licensor against third-party claims arising directly from unlawful use of the Software, unauthorized distribution of the Software or a license key, or the User’s infringement of third-party rights in content processed using the Software. The indemnity covers judgments, reasonable settlements and reasonable documented defense costs to the extent attributable to the User’s conduct. It does not apply to the extent the claim results from an act or omission of the Licensor. Consumer Users remain liable only under the rules of liability legally applicable to them.
Neither party is liable for delay or non-performance resulting from an event satisfying the requirements of force majeure under Article 1218 of the French Civil Code or any other applicable mandatory rule. An outage or unavailability of a third-party service, including license-management services, is treated as force majeure only if it actually satisfies those requirements. The consequences of temporary or permanent prevention are those provided by law, without prejudice to the User’s mandatory rights.
This EULA takes effect upon acceptance and remains applicable for as long as the User uses the Software or retains a valid right to use it. In the event of a material breach that is capable of cure, the Licensor may give the User notice and a reasonable period to remedy the breach; if the breach is not remedied, the Licensor may suspend or terminate the license. In cases of fraud, intentional circumvention of licensing mechanisms, unauthorized distribution, or a serious breach that cannot be cured, suspension or termination may take effect immediately, subject to applicable law. Upon termination, the User must stop using the Software, uninstall it and delete copies the User is no longer authorized to retain. Termination for breach does not create any separate refund right, except where required by mandatory law or provided under Lemon Squeezy’s Buyer Terms. Sections 8, 9, 13, 14, 18, 19 and 21 survive to the extent required by their purpose.
The Licensor may assign or transfer all or part of its rights and obligations under this EULA, including in connection with a transfer of its business, the Software or the related intellectual property rights, to the extent permitted by law. Such a transfer may not deprive a consumer User of mandatory rights. The User may assign this EULA or the license only in accordance with Section 11 and subject to applicable mandatory rights.
This EULA constitutes the entire agreement between the Licensor and the User regarding the license and use of the Software. The PictoWave Commercial Terms describe the offer and the Publisher’s own commitments relating to commercialization; Lemon Squeezy’s Buyer Terms govern the purchase transaction with Lemon Squeezy; and the Privacy Policy describes the processing of personal data. In the event of an inconsistency, each document governs the subject matter allocated to it. If a provision of this EULA is held invalid or unenforceable, it shall be disregarded or adjusted only to the extent necessary without affecting the remaining provisions. Failure or delay in exercising a right does not constitute a waiver of that right.
This EULA and the license relationship between the Licensor and the User are governed by French law. Where a User acts as a consumer, this choice does not deprive the User of more protective mandatory provisions applicable to the User’s situation or of mandatory jurisdiction rules. In the event of a consumer dispute directly with the Licensor, the User may, after first making a written complaint, refer the matter to CM2C consumer mediation under the conditions set out in Section 12 of the PictoWave Commercial Terms.
WHERE A DISPUTE IS BETWEEN PERSONS WHO HAVE ALL CONTRACTED IN THE CAPACITY OF TRADERS, AND SUBJECT TO APPLICABLE MANDATORY RULES, THE COURTS WITHIN THE JURISDICTION OF CAEN SHALL HAVE EXCLUSIVE JURISDICTION, INCLUDING IN THE EVENT OF MULTIPLE DEFENDANTS OR THIRD-PARTY PROCEEDINGS.
This EULA is drafted in French and translated into English for convenience. In the event of any discrepancy between the two versions, the French version prevails, subject to applicable mandatory rights.
For any question relating to this EULA: support@pictowave.com
PictoWave Pro includes FFmpeg version 8.1.2 libraries distributed under the GNU Lesser General Public License version 2.1 or later (LGPL v2.1+). The FFmpeg build distributed with PictoWave Pro is configured without GPL or non-free components and is dynamically linked to the Software.
The full text of the LGPL v2.1 is included with the application (PictoWave Pro.app, Contents/Resources folder, file COPYING.LGPLv2.1). Source code corresponding exactly to the distributed FFmpeg libraries, together with any modifications and build information required by the LGPL where applicable, is made available from www.pictowave.com or on request at the contact address above for the period required by LGPL v2.1+.
Nothing in this EULA limits the rights granted to the User under LGPL v2.1+ in relation to the FFmpeg libraries. Those rights include, subject to that license, the ability to modify the libraries, use a compatible modified version, and carry out reverse engineering necessary to debug such modifications. In the event of a conflict between this EULA and the LGPL in relation to FFmpeg, the LGPL prevails. The restrictions in Section 9 continue to apply to the remainder of the Software.
FFmpeg is developed by its respective contributors. The Licensor claims no ownership of FFmpeg and is neither affiliated with the FFmpeg project nor authorized to speak on its behalf.