Public offer

1. General provisions

1.1. Individual entrepreneur Oleg Valeryevich Sorokodumov (OGRNIP 326508100218300, INN 732508654485), the “Licensor”, offers any legally capable individual, individual entrepreneur or legal entity (the “Licensee”) a license agreement for the WATMAN Messenger Control software on the terms of this offer (the “Offer”, the “Agreement”).

1.2. The Offer is a public offer under Article 437(2) of the Civil Code of the Russian Federation (the “Civil Code”). The Agreement is concluded in the simplified manner provided by Article 1286(5) of the Civil Code and is deemed concluded in writing.

1.3. The Offer is accepted by paying for a license on the Site (Article 438(3) of the Civil Code). The Agreement is concluded when the payment is confirmed by the payment service. By paying, the Licensee confirms having read the Offer, the License Agreement and the Privacy Policy and accepts them in full without reservations.

1.4. Terms:

• Software — the WATMAN Messenger Control computer program for macOS in the VST3 and Audio Units (AU) formats and as a standalone app, including updates and documentation (user guide, quick start).
• Site — the Licensor's website https://watmansoft.com.
• Account — the part of the Site available to the Licensee after signing up with an e-mail address.
• License — the right to use the Software on the terms of the Agreement purchased by the Licensee.
• Computer code — the code shown by the Software in the LICENSE window, for which a License file for a particular computer is issued.
• License file — a .wtlic file that enables all features of the Software on one computer.
• Trial — 14 days from the first launch of the Software during which all its features work without a License.
• Synthesizer — the Moog Messenger hardware synthesizer controlled by the Software. The Synthesizer is not the subject of the Agreement and is purchased by the Licensee separately.

2. Subject of the Agreement

2.1. The Licensor grants the Licensee a simple (non-exclusive) license to use the Software by reproducing it — installing, launching and using it for its intended purpose — on the Licensee's computers, and the Licensee pays the license fee (the price of the license).

2.2. The Software may be used for personal and professional purposes, including commercial creation and performance of music. Rights to the music, sounds and projects created with the Software belong to the Licensee.

2.3. Territory — worldwide. Term — the whole term of the exclusive right to the Software (perpetual).

2.4. The License covers the version of the Software current on the payment date and all updates of versions 0.9 and 1.x released by the Licensor. Versions 2.0 and later may be offered on other terms; the Licensor is not obliged to release updates by any date.

2.5. One License allows using the Software on up to three computers used by the Licensee. A separate License file is issued for each computer. The Licensee requests a computer replacement in the Account, stating the reason — no more than once in 30 (thirty) days. Up to 6 (six) License files are issued per License in total, including those issued when computers are replaced; more — by agreement with the Licensor.

2.6. The Licensee may not: transfer the License or License files to third parties or grant sublicenses; distribute the Software or License files; decompile or modify the Software or bypass the license check, except as expressly permitted by Article 1280 of the Civil Code.

2.7. The exclusive right to the Software belongs to the Licensor and is not transferred to the Licensee. The Licensor warrants that it holds the rights needed to grant the License.

2.8. Terms of use of the Software are also set out in the License Agreement, which is part of the Agreement. In case of conflict, the Offer applies.

3. Trial and system requirements

3.1. The Software is downloaded from the Site free of charge and works with all features without a License during the Trial. The Licensee confirms having had the opportunity, before paying, to check the Software with their computer, Synthesizer and music software (DAW).

3.2. The Software requires: a Mac with macOS 11 or newer (Apple Silicon or Intel); a Moog Messenger Synthesizer connected over USB (firmware 1.0.8 or newer for 14-bit control); a macOS DAW that loads VST3 or AU plugins, or the standalone app included with the Software. The Software itself makes no sound: the sound is made by the Synthesizer.

3.3. Moog and Messenger are trademarks of Moog Music Inc. The Software is an independent product of the Licensor, not affiliated with Moog Music Inc.

4. Price and payment

4.1. The license fee (the price of the license) is 3,900 roubles, 45 US dollars or 45 euros, as chosen by the Licensee when placing the order. The price shown on the Site when the order is placed applies.

4.2. No VAT is charged: the Licensor applies the simplified tax system.

4.3. Payment is made through the payment service of Robokassa LLC by bank card, via the Faster Payments System (SBP) or by another method available on the payment page. Card details are processed by the payment service and are not passed to the Licensor.

4.4. Settlement is made in roubles. If the order is placed in US dollars or euros, the payment service converts its amount into roubles at the Bank of Russia rate of the payment day; the bank that issued the Licensee's card converts the amount into the card's currency at its own rate. Exchange differences and fees of the Licensee's bank are not reimbursed by the Licensor.

4.5. The Licensee's payment obligation is fulfilled when the payment is confirmed by the payment service. A receipt is sent to the e-mail address given at payment.

5. Granting the License

5.1. The License is deemed granted when it appears in the Account after the payment is confirmed — usually right after paying. The Licensee is notified by e-mail.

5.2. A License file for a particular computer is issued after the Licensee adds the Computer code in the Account, within 2 (two) business days — usually within a day. The License file is downloaded in the Account; the Licensee is notified by e-mail. The Software needs no internet connection to work with a License file.

5.3. The Software, documentation and License files are provided in electronic form only, through the Site. No physical media are supplied and nothing is shipped.

6. Withdrawal and refunds

6.1. Until the first License file is issued, the Licensee may withdraw from the Agreement at any time and receive a full refund.

6.2. Once the first License file is issued, the License is deemed used: the license fee is not refunded, except in cases provided by the laws of the Russian Federation. The Software can be checked before buying during the Trial (clause 3.1).

6.3. To request a refund, the Licensee writes to support@watmansoft.com with the order number and the e-mail address of the Account. The money is returned by the same method used for payment within 10 (ten) days after the request is received. If the order was placed in US dollars or euros, the rouble amount charged by the payment service is returned.

6.4. When the money is returned, the Agreement ends: the License and the issued License files stop working.

6.5. This section does not limit the rights of a Licensee who is a consumer under the laws of the Russian Federation.

7. Rights and obligations

7.1. The Licensor shall: grant the License and issue License files within the terms of the Agreement; answer the Licensee's requests by e-mail; keep the Software and the issued License files available for download in the Account.

7.2. The Licensor may revoke the License and License files if the Licensee breaches clause 2.6, provides knowingly false data or reverses the payment through the bank without legal grounds.

7.3. The Licensee shall: provide accurate data; not give third parties access to the Account or the License files; comply with clause 2.6; use the backup function (BACKUP) before writing to the Synthesizer's memory, as described in the user guide.

8. Liability

8.1. The Software is provided as it exists on the date the License is granted (“as is”), to the extent permitted by law. The Licensor makes reasonable efforts to keep the Software compatible with new versions of macOS, DAWs and Synthesizer firmware but does not guarantee it.

8.2. The Licensor is not liable for loss of data in the Synthesizer's memory if the Licensee did not make a backup, nor for lost profits or indirect damages.

8.3. The Licensor's liability under the Agreement is limited to the license fee paid, except where such a limitation is not permitted by law.

8.4. The parties are released from liability for failure to perform due to force majeure (Article 401 of the Civil Code). The affected party notifies the other within a reasonable time.

9. Personal data

9.1. The Licensor processes the Licensee's personal data (e-mail address, name, order data, Computer codes) to conclude and perform the Agreement in accordance with Federal Law No. 152-FZ of 27.07.2006 “On Personal Data” and the Privacy Policy.

10. Term and changes of the Offer

10.1. The Offer is valid from its publication on the Site until withdrawn by the Licensor. The Licensor may change or withdraw the Offer by publishing a new version on the Site.

10.2. Changes to the Offer do not apply to Agreements concluded before the new version was published unless the Licensee agrees to them.

11. Other terms

11.1. The Agreement is governed by the laws of the Russian Federation.

11.2. The parties settle disputes by negotiation. A claim is sent by e-mail; the response time is 10 (ten) business days. If the dispute is not settled, it is resolved by a court under the laws of the Russian Federation, including consumer protection laws.

11.3. E-mail correspondence from the addresses given by the Licensee in the Account and by the Licensor in the Offer is legally binding.

11.4. The language of the Agreement is Russian. This English translation is provided for convenience; in case of discrepancy, the Russian text applies.

12. Licensor's details

Licensor	Individual entrepreneur Oleg Valeryevich Sorokodumov (ИП Сорокодумов Олег Валерьевич)
INN	732508654485
OGRNIP	326508100218300
Bank account	40802810400009539366
Bank	JSC “TBank”, BIC 044525974, INN 7710140679
Correspondent account	30101810145250000974
E-mail	support@watmansoft.com
Site	https://watmansoft.com