Software Terms of Service

AbleSceneList is a lightweight local server designed to run on a host computer alongside Ableton Live. It distributes the Ableton Live Scene List (your band's set list) in real time over a local Wi-Fi network to connected band member devices (phones, tablets, etc.) and provides personal notes that each band member can create and edit for each song.

Trial License: Upon providing a valid email address, Optum Audio grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Software on one (1) macOS computer for a period of 30 days solely for the purpose of evaluating the Software. The trial license expires automatically at the end of the Trial Period. No payment is required for the trial.

Purchased License: Upon completing a purchase through Optum Audio's authorized payment processor (Lemon Squeezy), Optum Audio grants you a limited, non-exclusive, non-transferable license to install and use the version of the Software covered by your license key on one (1) macOS computer you own or control, for your personal or internal business use.

Version Coverage: A purchased license covers the major version in effect at the time of purchase and all minor and patch releases within that major version (e.g., a license for version 3.x.x covers 3.0.0, 3.1.0, 3.2.5, etc.). A new major version release (e.g., 4.0.0) requires a separate license purchase. Discounted upgrade pricing will be made available to prior purchasers.

You may not copy, reproduce, or distribute the Software or any portion thereof to any third party.

You may not sell, sublicense, rent, lease, or otherwise transfer your license or the Software to any third party.

You may not reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software.

You may not modify, adapt, translate, or create derivative works based on the Software.

You may not remove or alter any proprietary notices, labels, or marks on the Software.

You may not use the Software for any unlawful purpose or in violation of any applicable laws or regulations.

You may not circumvent or attempt to circumvent any license enforcement or copy protection mechanisms in the Software.

The Software, including all intellectual property rights therein, is and remains the sole and exclusive property of Optum Audio. These Terms do not convey to you any ownership interest in or to the Software, but only a limited right of use as set forth herein. All rights not expressly granted are reserved by Optum Audio.

Certain third-party components included with the Software are distributed under separate open source licenses, including the MIT License, the ISC License, and the BSD 3-Clause License. A complete list of such components and their applicable license terms is provided in the THIRD_PARTY_LICENSES.txt file distributed with the Software. Your rights with respect to those components are governed solely by their respective licenses.

To receive a trial license or a purchased license, you must provide a valid email address. Your email address will be used to deliver your license key and Software download link, and to send upgrade discount codes and important product notices.

You are responsible for ensuring your email address is accurate and for maintaining access to it. Optum Audio is not responsible for license delivery failures caused by inaccurate email addresses, spam filters, or other factors outside our control.

Optum Audio may release minor updates, patches, or bug fixes within the licensed major version at no additional charge. Major version upgrades are separate products and require a new license purchase. Discounted upgrade pricing will be offered to existing licensees at Optum Audio's discretion. Optum Audio is under no obligation to release updates, upgrades, or new versions of the Software.

AbleSceneList operates as a local network application. It does not transmit personal data or set list data to Optum Audio's servers or any third-party servers. The Software processes data locally on your network. Your email address is collected solely for license delivery and product communications. Optum Audio will not sell your email address to third parties.

AbleSceneList is designed to operate in conjunction with Ableton Live, a third-party software product. Optum Audio has no affiliation with, and is not endorsed by, Ableton AG. You are solely responsible for ensuring you possess valid, properly licensed copies of any third-party software required to use AbleSceneList. Optum Audio assumes no responsibility for changes to third-party software that affect the operation or compatibility of AbleSceneList.

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPTUM AUDIO EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

OPTUM AUDIO DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR ERROR, BE COMPATIBLE WITH YOUR SPECIFIC HARDWARE, OPERATING SYSTEM, OR VERSION OF ABLETON LIVE, OR THAT ANY DEFECTS WILL BE CORRECTED.

You assume all responsibility for selecting the Software to achieve your intended results and for the use of and results obtained from the Software. This is why we offer a full 30-day trial — so you can verify compatibility and suitability before purchasing.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPTUM AUDIO, ITS OWNERS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF OPTUM AUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OPTUM AUDIO'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SOFTWARE EXCEED THE GREATER OF (A) THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) TEN U.S. DOLLARS ($10.00).

Some jurisdictions do not allow certain limitations of liability. In such jurisdictions, the foregoing limitations shall apply to the fullest extent permitted by law.

You agree to indemnify, defend, and hold harmless Optum Audio and its owners, officers, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your access to or use of the Software; (b) your violation of these Terms; or (c) your violation of any third-party right, including any intellectual property right.

These Terms and any license granted hereunder are effective until terminated. Your rights under these Terms will terminate automatically and without notice if you fail to comply with any provision. Upon termination, you must immediately cease all use of the Software and destroy all copies in your possession. The sections covering Ownership, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and General Provisions survive termination.

These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Software shall be resolved exclusively in the state or federal courts located in the State of Maryland, and you consent to the personal jurisdiction of such courts.

Entire Agreement: These Terms, together with the Optum Audio Refund Policy, constitute the entire agreement between you and Optum Audio with respect to the Software and supersede all prior agreements, representations, and understandings.

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

No Waiver: Failure by Optum Audio to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment: You may not assign or transfer these Terms or any rights hereunder without Optum Audio's prior written consent. Optum Audio may assign these Terms without restriction.

Modifications: Optum Audio reserves the right to update or modify these Terms at any time. Updated Terms will be posted on the Optum Audio website with a revised effective date. Your continued use of the Software following the posting of updated Terms constitutes acceptance of those changes.