Please read this Agreement before purchasing, downloading, installing, or using Kirin OS or Kirin Sense.
1. This Agreement and the parties
This Software License Agreement (the “Agreement”) is between Daisuke Nishio, operating Kirin Mastering (the “Provider”), and the person or organization that lawfully obtains and uses Kirin OS or Kirin Sense (the “User”). It sets the conditions for using the covered software.
Purchases and payments are processed through Lemon Squeezy, the merchant of record. Lemon Squeezy's buyer terms apply to the transaction and payment. This Agreement applies to the license that the Provider grants for the covered software.
2. Software covered
This Agreement applies to Kirin OS, Kirin Sense, their documentation, and updates that the Provider supplies under the same license.
Kirin Hypha and third-party open-source components included with the covered software remain subject to their respective licenses. Where a third-party license conflicts with this Agreement, that third-party license controls for the component concerned.
3. Acceptance and effective time
This Agreement becomes effective when the User affirmatively accepts it in the application or before purchase, or when the User downloads, installs, or uses the covered software after this Agreement has been presented to the User.
If the User does not agree to this Agreement, the User must not install or use the covered software.
For a User who purchased the covered software before this Agreement was introduced, the Provider will present the Agreement and request express acceptance before the User uses an update released after its introduction. This Agreement does not apply retroactively to use that occurred before acceptance.
4. License grant
Subject to this Agreement, the Provider grants the User a limited, non-exclusive right to use the covered software.
One license may be activated on up to three devices owned or controlled by the purchaser. If a company, venue, or other organization purchases the license, its staff may use the covered software on those activated devices. The license is not limited to one named user.
The User may use the covered software for the User's own work or work performed for a client, including music production, measurement, review, recordkeeping, mastering, and related professional services. Measurement records and documents created with the covered software may be used in commercial production work.
5. Restrictions
Except where applicable law permits otherwise, the User must not:
- publish or share a license key outside the purchaser's organization, or enable use beyond the permitted number of devices;
- sell, sublicense, rent, lend, or distribute the covered software;
- bypass license activation, device limits, or other technical protection measures;
- modify the covered software or create derivative software from it;
- reverse engineer, decompile, or disassemble the covered software; or
- use the covered software to violate applicable law or another person's rights.
These restrictions do not limit any analysis, interoperability work, or other activity expressly permitted by applicable law, or any rights granted under a third-party open-source license.
6. Ownership
The covered software, documentation, product names, interfaces, program code, and materials created by the Provider are owned by the Provider or the relevant rights holder. This Agreement licenses the software; it does not transfer ownership of it.
Rights in audio, images, text, project information, and other content loaded by the User remain with the User or the relevant rights holder. The Provider does not claim ownership of User content.
7. User content and local data
The User is responsible for having the rights and permissions required to use any audio or other content loaded into the covered software.
Ordinary measurement data and project data are handled on the User's device. The Privacy Policy applies to information sent for license activation or through an optional external API feature.
The User is responsible for keeping appropriate backups of local project files, measurement records, exported documents, and source audio.
8. Product role and measurement results
Kirin OS supports measurement, comparison, recordkeeping, playback review, and the export of data and documents. Kirin Sense supports measurement, comparison, playback review, and the export of measurement records. Neither product alters or renders changes to the audio itself, and neither automatically judges whether audio is good or bad.
Results may vary with the input file, measurement conditions, system environment, product version, and other factors. The covered software assists with review, comparison, and recordkeeping during production. It does not guarantee compliance with requirements set by a streaming service, broadcaster, delivery recipient, or other third party, and it does not guarantee any particular creative, technical, or commercial result.
The User remains responsible for checking the final audio and delivery requirements. The User must not rely only on a display or result from the covered software and should confirm the recipient's current specifications where necessary.
9. License activation
Initial activation and periodic license checks use an internet connection and Lemon Squeezy's license validation API. During activation, the license key and a device identifier are transmitted to Lemon Squeezy. Audio files and project records are not transmitted for license activation.
The User must keep the license key from public disclosure. For a device change or an activation that can no longer be deactivated from the original device, the User may contact the published support address.
10. Updates and support
The covered software is sold as a one-time purchase, not a subscription. When the Provider releases an update for a purchased product, the User may obtain that update through the User's Lemon Squeezy order page.
For Kirin OS 1.0 and Kirin Sense 1.0, the Provider will continue maintenance and support for at least one year from the official release date. This includes compatibility work, bug fixes, and recovery guidance when needed so that purchasers can continue using the software in supported environments. Update details, supported environments, contact methods, and known issues are described on the relevant support page.
A future new product, separate product, or major upgrade with a substantially different scope may be offered separately. If so, its content and terms will be explained before it is offered.
11. Refunds
Requests involving installation, activation, launch problems, duplicate purchases, an incorrect product purchase, or failure to receive the product are handled under the published refund and support information and Lemon Squeezy's buyer terms.
Nothing in this Agreement limits a mandatory right to cancellation, rescission, repair, replacement, price reduction, or another remedy available to the User under applicable law.
12. Scope of warranty
To the extent permitted by applicable law, the Provider does not warrant that the covered software will always operate without interruption, that every defect will be corrected, that it will be compatible with every environment or third-party service, that it will meet a particular purpose, or that a third-party service will remain available.
This section does not exclude any mandatory rights the User has when the software does not conform to the contract, or any commitment the Provider expressly makes on an official product or support page.
13. Limitation of liability
To the extent permitted by applicable law, the Provider is not liable for indirect, special, incidental, or consequential loss; lost profit or business opportunity; loss of data; or a claim made by a third party arising from use of, or inability to use, the covered software.
If the Provider's ordinary negligence causes direct and ordinary loss to the User, the Provider's total liability is limited to the amount the User actually paid for the covered product that gave rise to the claim.
The preceding limitations do not apply to loss caused by the Provider's intentional conduct or gross negligence, death or personal injury, or liability that cannot lawfully be excluded or limited under consumer protection or other applicable law.
14. Term and termination
This Agreement remains effective from acceptance until it is terminated.
If the User materially breaches this Agreement and does not remedy the breach within a reasonable period after receiving notice, the Provider may terminate the license. The Provider may terminate the license by notice without a cure period for an incurable material breach, including unlawful copying or distribution or intentional circumvention of license activation.
After termination, the User must stop using and delete copies of the covered software. Termination does not affect rights or remedies that arose before termination, or the User's rights in measurement records and documents created by the User.
15. Changes to this Agreement
If the Provider changes this Agreement, the Provider will publish the revision date and a description of the change on the website. Before applying a change that materially affects the User's rights or obligations to future use, the Provider will give reasonable notice and request renewed acceptance where appropriate.
16. Governing law and disputes
This Agreement is governed by the laws of Japan. This choice of law does not remove any mandatory consumer protection or other mandatory rights that apply in the User's place of residence.
Disputes relating to this Agreement will be handled by a court that has jurisdiction under applicable law.
17. Severability
If any part of this Agreement is held invalid or unenforceable under applicable law, the remaining parts continue in effect. The invalid or unenforceable part will be treated, to the extent permitted by law, as a valid provision that most closely reflects its purpose.
18. Relationship between documents and languages
The Privacy Policy applies to personal information. Third-party open-source licenses apply to the relevant components. Lemon Squeezy's buyer terms apply to purchase, payment, tax, and transaction matters handled through Lemon Squeezy.
If these documents conflict, mandatory law applies first. The relevant third-party license, transaction terms, and this Agreement then apply to the subject matter each document governs.
Japanese and English versions of this Agreement may be provided. If they differ, the Japanese version controls to the extent permitted by applicable law.
19. Contact
Kirin Mastering
Operator: Daisuke Nishio
Email: hello@kirinmastering.com
Website: https://kirinmastering.com/