Terms of Service

These Terms of Service ("Terms") govern your purchase and use of software sold under the Mutagene brand by Alexis Glass, trading as Mutagene ("Alexis Glass", "we", "us", or "our"). By purchasing, downloading, installing, or using our software, you agree to these Terms.

1. License Grant

When you purchase a license for our software, we grant you a non-exclusive, perpetual, non-sublicensable license to use the software, subject to these Terms. The license is personal to the original purchaser unless transferred through our license transfer process.

Licenses may currently be transferred to another person for a $10 transfer fee. We reserve the right to change the transfer fee from time to time by updating the then-current Terms. To arrange a transfer, contact us at dev@mutagene.net.

2. Ownership

The software, including all intellectual property rights in and to it, is owned by Alexis Glass and is sold under the Mutagene brand. You acknowledge that the software is proprietary and that you do not acquire any ownership rights by purchasing a license.

3. Restrictions

Except to the extent prohibited by applicable law, you may not:

  • Resell, sublicense, rent, lease, or distribute the software or any license to it, except through our official transfer process
  • Copy, modify, adapt, translate, reverse engineer, decompile, or disassemble the software
  • Create derivative works based on the software
  • Remove, alter, or obscure any proprietary notices on the software
  • Use the software for any unlawful purpose

If, for a continuous period of at least two years, we have ceased commercially supporting the software and the latest commercially released version no longer functions on then-current mainstream operating systems without user modification, we grant the license holder a limited, personal, non-transferable right to modify or recompile the last licensed version in that license holder’s possession solely as necessary to restore that license holder’s own use of it. This limited exception does not permit resale, sublicensing, public distribution, sharing of source code or binaries, or any commercial exploitation of modified versions. We are under no obligation to provide source code, build instructions, technical assistance, support, updates, or compatibility guidance in connection with any such modification or recompilation, and any such work is undertaken entirely at the license holder’s own risk.

4. Support and Updates

Your purchase includes access to updates made available by us during any support or update period stated at the time of purchase. Future major versions, substantial upgrades, or separately branded products may require an additional purchase. We do not guarantee that support, maintenance, updates, or compatibility updates will be provided for any minimum period unless expressly stated at the time of purchase.

5. 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 ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPATIBLE WITH ALL SYSTEMS, HOSTS, OR HARDWARE.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SOFTWARE OR THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APPLICABLE LICENSE.

7. Refunds and Right of Withdrawal

Except as required by applicable law, all sales are final.

Trial versions are available for our plugins so that customers can evaluate compatibility and suitability before purchase. This does not limit any statutory rights that may apply under applicable consumer protection law.

If you are a consumer in the European Union or another jurisdiction with mandatory withdrawal rights, you may ordinarily have a legal right to withdraw from a distance purchase within 14 days. However, for digital content not supplied on a tangible medium, that right may be lost once performance has begun, provided that you gave prior express consent to immediate performance and acknowledged that you would thereby lose your right of withdrawal.

By purchasing and starting the download or delivery of the software, you agree that, where applicable, performance begins immediately and, if you have provided the required prior consent and acknowledgement at checkout, your right of withdrawal ends when that performance begins.

Nothing in these Terms limits any non-waivable statutory rights you may have under applicable consumer protection law.

If you experience technical issues, please contact us at dev@mutagene.net, and we will make reasonable efforts to assist you.

8. Termination

These Terms remain in effect until terminated. Your license will terminate automatically if you materially breach these Terms. Upon termination, you must cease using the software and destroy or delete all copies in your possession or control, except to the extent that applicable law requires otherwise.

9. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of [INSERT JURISDICTION], excluding its conflict of laws rules. The courts of [INSERT VENUE] shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the software, except where mandatory consumer protection law provides otherwise.

10. Contact

If you have questions about these Terms of Service, please contact us at:

Alexis Glass, trading as Mutagene
dev@mutagene.net