The license for the HowlVault apps on your computer and phone.

HowlVault Desktop, the HowlVault phone app, and HowlBridge (until it is retired). The HowlVault cloud and website are covered by our Terms of Service.

This End User License Agreement (“EULA”) is a legal agreement between you and Apex Global LLC (“HowlVault,” “we,” “us”) governing your use of the HowlVault apps (the “Apps”):

• HowlVault Desktop for Mac and Windows;
• the HowlVault app for iPhone and Android; and
• HowlBridge, the older desktop helper for the HowlVault website, until it is retired.

This EULA is in addition to our Terms of Service and Privacy Policy, which apply to your HowlVault account and the HowlVault cloud. Where they overlap, read them together; if there’s a direct conflict, the Terms of Service control.

By downloading, installing, or using an App, you agree to this EULA. If you don’t agree, don’t install or use the Apps.

A personal, non-exclusive, non-transferable license to use the Apps on devices you own or control.

Subject to this EULA, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to install and use the Apps on computers and phones you own or control, for your personal or business use.

• HowlVault Desktop is free to install on your computers. Its vault works without a HowlVault account.
• The HowlVault phone app may require a one-time purchase through the Apple App Store or Google Play. The purchase gives you this license for the app on your phone; it is not a sale of the software.
• The HowlVault cloud (backup, download to other devices, the Sound Marketplace) requires a HowlVault account and is governed by the Terms of Service and your plan.

No reverse-engineering, no redistribution, no bundling, no getting around limits.

You agree not to:

• Copy, distribute, sublicense, rent, lease, or resell the Apps to anyone;
• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, protocols, or underlying ideas of the Apps, except where the law expressly allows it despite this restriction;
• Modify, adapt, translate, or create derivative works based on the Apps;
• Remove, alter, or obscure any proprietary notices, trademarks, or copyright notices;
• Bundle the Apps with, or incorporate them into, any other software product;
• Use the Apps to get around the device limits, storage limits, or other plan restrictions of a HowlVault account, or to share one account’s cloud or purchased sounds with other people;
• Use the Apps in any manner that violates applicable law.

One HowlVault account can use the cloud on 1 computer and 1 phone. Two device changes a year, then contact support.

When an App logs into the HowlVault cloud, it registers the device with your account using an identifier made on the device (a one-way scrambled code; the raw hardware identifier never leaves the device). Each account can use the cloud on 1 computer and 1 phone, as described at howlvault.com/pricing. You can remove a device on your account page; you get 2 device changes every 12 months, after which support can help.

The device limit applies only to the cloud. HowlVault Desktop works on any number of your computers without logging in.

Getting around the device limits (for example by faking device identifiers or sharing one account among several people) is a material breach of this EULA and may lead to termination.

The Apps send usage statistics to HowlVault so we can improve them. Never your audio. You can turn it off in Settings.

The Apps send us usage statistics: counts and names of what happens in the app, such as the app version and operating system, which caller brands and models you connect, the names of sounds you add or load onto a caller (with a fingerprint that identifies the same sound across users), cloud backup and download counts, and errors. They never send your audio files, recordings, file locations on your computer, contacts, or location.

Each installation has a random installation code. When the App is logged into the HowlVault cloud, the statistics are also linked to your account. The Privacy Policy explains how we use and keep this data.

Usage statistics are on by default. You can turn them off at any time in the App’s Settings (“Share usage stats”); when off, the App sends none.

The Apps may update themselves. Updates are covered by this same EULA.

The Apps may download and install updates, including bug fixes, security patches, and new features, directly or through the Apple App Store or Google Play. Updates are licensed under this EULA (or a newer version we’ve told you about).

We may require an update to keep using the HowlVault cloud; an App that is too old may be unable to connect to it.

The Apps write to your caller’s card and to your vault. Keep a copy of anything you can’t replace.

The Apps read and write the memory card or storage of the game caller you connect (sounds, sound lists, menus, sequences) and the vault on your computer or phone. Electronic callers, their firmware, cards, cables and phones vary, and a write can be interrupted (for example by unplugging too early). Keep a copy of your card and of sounds you can’t replace. You are responsible for having the rights to the sounds you put in your vault or on your caller.

We own the Apps. You’re getting a license to use them, not ownership.

The Apps and all intellectual property rights in them, including copyrights, trademarks, trade secrets, and patents, are the sole property of Apex Global LLC and its licensors. Nothing in this EULA transfers any ownership rights to you. Your own sounds stay yours.

The HowlVault and HowlBridge names, logos, and related branding are our trademarks. You may not use them without our prior written permission.

The Apps are provided “as is.” Caller and firmware compatibility isn’t guaranteed.

THE APPS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We don’t warrant that the Apps will:

• Work with every caller model, brand, firmware version, computer, or phone;
• Be free from bugs, errors, or interruptions;
• Meet your specific requirements or expectations;
• Prevent data loss, file corruption, or hardware issues caused by USB devices, SD cards, adapters, or external hardware.

Caller makers update firmware and file formats over time. We do our best to keep the Apps compatible with every supported device, but we can’t guarantee that every combination will always work.

Our liability to you is capped, the same cap as our Terms of Service.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APEX GLOBAL LLC AND ITS OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE APPS, INCLUDING WITHOUT LIMITATION:

• Damage to SD cards, USB devices, phones, or caller hardware;
• Lost or corrupted files;
• Missed hunts or lost opportunities;
• Incompatibility with third-party software, firmware, or hardware.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE APPS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU’VE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

This limitation is consistent with §13 of our Terms of Service.

If you break this EULA, your license ends and you must uninstall the Apps. Deleting your account ends cloud access; the apps and your local vault stay yours to use.

This EULA is effective until terminated. It terminates when:

• You stop using and uninstall the Apps;
• You materially breach this EULA (for example, by reverse-engineering an App, distributing it, or getting around device limits); or
• We terminate your HowlVault account for a breach under the Terms of Service (§11).

If your HowlVault account is deleted or canceled for any other reason, you lose access to the HowlVault cloud, but you may keep using the Apps and the vault on your own devices under this EULA.

On termination for breach, you must uninstall the Apps from every device and destroy any copies. Sections that by their nature should survive termination (ownership, warranty disclaimers, liability limits, governing law) continue to apply.

If you got the phone app from the App Store or Google Play, this EULA is between you and us, not Apple or Google.

This EULA is between you and Apex Global LLC only, not Apple Inc. or Google LLC, and we (not Apple or Google) are responsible for the phone app and its content. Your license for the app obtained from the Apple App Store is limited to Apple-branded devices you own or control, as permitted by the App Store’s Usage Rules. Apple and Google have no obligation to provide maintenance or support for the app.

If the app fails to meet an applicable warranty, you may notify Apple (or Google) and they may refund the purchase price; to the maximum extent permitted by law, they have no other warranty obligation. We, not Apple or Google, are responsible for addressing any claims relating to the app, including product liability, legal or regulatory compliance, and intellectual-property infringement claims. You confirm you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government list of prohibited or restricted parties.

Apple and its subsidiaries are third-party beneficiaries of this EULA and, once you accept it, may enforce it against you as a third-party beneficiary.

Nevada law. Disputes go to binding individual arbitration, same as the Terms of Service.

This EULA is governed by the laws of the State of Nevada, USA, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to this EULA shall be resolved through binding individual arbitration as described in §15 of our Terms of Service, which is incorporated into this EULA by reference.

Questions about the Apps? support@howlvault.com.

For any questions about this EULA or the Apps, email support@howlvault.com or write to: