Q-Tune

Q-Tune End-User License Agreement

Updated 20 May 2025

ENGLISH

IMPORTANT: BY USING Q-TUNE, INCLUDING THE ESP32 DEVELOPMENT BOARD AND ASSOCIATED COMPONENTS, WHETHER ASSEMBLED OR UNASSEMBLED, AS PROVIDED BY MOLINELLO MUSIC (COLLECTIVELY KNOWN AS THE “DEVICE”), YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS:

MOLINELLO MUSIC Q-TUNE SOFTWARE LICENSE AGREEMENT Single Use License

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE DEVICE OR DOWNLOADING THE SOFTWARE UPDATE ACCOMPANYING THIS LICENSE. BY USING THE DEVICE OR DOWNLOADING A SOFTWARE UPDATE, AS APPLICABLE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE DEVICE OR DOWNLOAD THE SOFTWARE UPDATE.

IF YOU HAVE RECENTLY PURCHASED A DEVICE OR DEVICE KIT AND YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE UNBUILT KIT / UNUSED DEVICE WITHIN THE RETURN PERIOD TO THE PLACE OF PURCHASE WHERE YOU OBTAINED IT FOR A REFUND, SUBJECT TO MOLINELLO MUSIC’S RETURN POLICY FOUND AT: https://www.q-tune.com/returns

General (a) The software (including Boot ROM code, embedded software and third party software), documentation, interfaces, content, fonts and any data that came with your Device (“Software”), as may be updated or replaced by feature enhancements, software updates, security responses, system files, or system restore software provided by Molinello Music for your Device (“Software Changes”), whether in read only memory, on any other media or in any other form (the Original Software and Software Changes are collectively referred to as the “Software”) are licensed, not sold, to you by Molinello Music (“Molinello Music”) for use only under the terms of this License. Molinello Music and its licensors retain ownership of the Software itself and reserve all rights not expressly granted to you.

(b) Molinello Music, at its discretion, may make available future Software Changes. The Software Changes, if any, may not necessarily include all existing software features or new features that Molinello Music releases for newer or other models of Devices. The terms of this License will govern any Software Changes provided by Molinello Music, unless such Software Change is accompanied by a separate license, in which case you agree that the terms of that license will govern.

Permitted License Uses and Restrictions.
(a) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the Software on a single Device. Except as permitted in Section 2(b) below, and unless as provided in a separate agreement between you and Molinello Music, this License does not allow the Software to exist on more than one Device at a time, and you may not distribute or make the Software available over a network where it could be used by multiple Devices at the same time.

(b) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to download Software Changes that may be made available by Molinello Music for your model of the Device to update or restore the software on any such Device that you own or control. This License does not allow you to update or restore any Device that you do not control or own, and you may not distribute or make the Software Changes available over a network where they could be used by multiple Devices at the same time. If you download a Software Change to your computer, you may make one copy of the Software Changes stored on your computer in machine-readable form for backup purposes only, provided that the backup copy must include all copyright or other proprietary notices contained on the original.

(c) You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Software or any services provided by the Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of open-source components that may be included with the Software). You agree not to remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Software.

(d) You agree to use the Software and the Services (as defined in Section 5 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Software. Features of the Software may not be available in all languages.

Transfer. You may not rent, lease, lend, sell, redistribute, or sublicense the Software. You may, however, make a one-time permanent transfer of all of your license rights to the Software to another party in connection with the transfer of ownership of your Device, provided that: (a) the transfer must include your Device and all of the Software, including all its component parts and this License; (b) you do not retain any copies of the Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Software reads and agrees to accept the terms and conditions of this License. Molinello Music may assign all or any portion of this License or any rights or obligations hereunder to any Molinello Music affiliate or subsidiary at any time without notice.
Termination. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Molinello Music if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Software. Sections 6, 7, 8, 9, 11, and 12 of this License shall survive any such termination.
Disclaimer of Warranties 7.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

7.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MOLINELLO MUSIC AND ITS OWNERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT 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.

7.3 MOLINELLO MUSIC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES OR FEATURES WILL CONTINUE TO BE MADE AVAILABLE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED.

7.4 YOU FURTHER ACKNOWLEDGE THAT THE SOFTWARE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES OF THE DATA OR INFORMATION PROVIDED BY THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.

7.5 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MOLINELLO MUSIC OR A MOLINELLO MUSIC AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. EXCEPT AS OTHERWISE PROVIDED IN THIS LICENSE, TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL MOLINELLO, ITS AFFILIATES, AGENTS OR PRINCIPALS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MOLINELLO MUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Molinello Music’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred and fifty dollars (U.S.$250.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. NOTWITHSTANDING ANY OTHER TERMS IN THIS LICENSE, IF THE CONSUMER CONTRACT ACT OF JAPAN APPLIES, TERMS WHICH LIMIT MOLINELLO MUSIC’S LIABILITY FOR DAMAGES ARISING FROM BREACH OF THE CONTRACT OR TORT COMMITTED BY MOLINELLO MUSIC SHALL NOT APPLY IF SUCH DAMAGE IS DUE TO MOLINELLO MUSIC’S INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE.
Export Control. You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Software was obtained.
Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of Utah, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
Complete Agreement; Governing Language. This License constitutes the entire agreement between you and Molinello Music relating to the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Molinello Music. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
Third Party Acknowledgements. Portions of the Software may utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the Software, and your use of such material is subject to the terms of their respective licenses. A full list of such components and their associated licenses can be found at: https://www.q-tune.com/acknowledgements
Support. Molinello Music is not obligated to provide any maintenance, tehcnical, or other support for the Software unless expressly stated in the product documentation.
Data Collection. The Software does not collect or transmit any personally identifiable information. If this changes, a privacy policy will be provided.