Synchrony Performance Encoder
Last updated: 7 March 2026
IMPORTANT — PLEASE READ CAREFULLY BEFORE USING THIS SOFTWARE.
This End-User Licence Agreement (“Agreement”) is a legal agreement between you (“Licensee” or “you”) and Expressive Systems Ltd (company number 16381680), trading as Symbolic Music, a company registered in England and Wales with its registered office at 23 Mill Court, 4 Essex Wharf, London E5 9RZ (“Licensor”, “we”, or “us”).
By installing, copying, or otherwise using the Synchrony Performance Encoder software (“Software”), you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not install or use the Software.
- DEFINITIONS
“Software” means the Synchrony Performance Encoder application, including the standalone application and audio plugin formats (VST3, Audio Units), together with any associated modules, presets, documentation, and related files.
“Licence Key” means the unique code provided to you upon purchase that activates the Software beyond evaluation mode.
“User Content” means any MIDI files, audio recordings, session files, or other data created by or imported into the Software by the Licensee.
“Third-Party Plugins” means audio plugins in VST3 or Audio Units format developed by parties other than the Licensor, which may be loaded within the Software’s plugin hosting environment.
- LICENCE GRANT
2.1. Licence, Not Sale. The Software is licensed to you, not sold. The Licensor retains all right, title, and interest in and to the Software, including all intellectual property rights therein.
2.2. Scope. Subject to the terms of this Agreement and upon valid activation, the Licensor grants you a personal, non-exclusive, non-transferable, worldwide licence to install and use the Software for commercial and non-commercial music production purposes.
2.3. Installation Limit. You may install the Software on up to two (2) computers owned or controlled by you, provided that the Software is not used on more than one computer simultaneously.
2.4. Trial. The Software requires a valid Licence Key to operate. A free fourteen (14) day trial licence may be obtained through the Licensor’s website. Upon expiry of the trial period, the Software will cease to function until a full licence is purchased and activated.
2.5. Updates. Your licence entitles you to all minor updates within the same major version (e.g., 1.0 to 1.x). Major version upgrades (e.g., 1.x to 2.0) may require a separate purchase or upgrade licence. During licence verification (see Section 9.1), the Software may determine that a newer version is available and display an in-app notification. No additional data is transmitted for this purpose beyond the information already described in Section 9.1.
- LICENCE TYPES
3.1. Standard Licence. A personal licence granting the rights described in Section 2 to a named individual.
3.2. Educational Licence (EDU). Available to students and educators at accredited institutions at a 10% discount. EDU licences carry the same usage rights as Standard licences but may not be transferred to a third party and may not be used for commercial purposes. Proof of current enrolment or employment at an accredited institution may be required.
3.3. Not For Resale (NFR). NFR licences may be issued to journalists, reviewers, or beta testers for evaluation and review purposes. NFR licences carry the same usage rights as Standard licences but may not be transferred to a third party or used for commercial music production.
- RESTRICTIONS
4.1. General Restrictions. You may not:
(a) copy, redistribute, sell, lease, rent, lend, sublicense, or otherwise transfer the Software or your Licence Key to any third party;
(b) modify, adapt, translate, or create derivative works based on the Software;
(c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
(d) remove, alter, or obscure any copyright notices, trademarks, or other proprietary notices contained in or on the Software;
(e) use the Software for data mining, machine learning, or training artificial intelligence technologies of any kind;
(f) use the Software to create a competing product or service;
(g) use the Software in any manner that violates applicable laws or regulations.
4.2. Proprietary Algorithms. The Software contains proprietary score-to-performance alignment algorithms and related analytical methods that constitute trade secrets and confidential information of the Licensor. You specifically agree not to attempt to reverse engineer, analyse, extract, replicate, or otherwise derive these algorithms or their underlying methodologies, whether through examination of the Software’s inputs and outputs, binary analysis, or any other means.
- NO LICENCE TRANSFER
5.1. All licences are personal to the original Licensee and may not be transferred, assigned, or resold to any third party.
- INTELLECTUAL PROPERTY
6.1. The Software, including but not limited to its code, structure, algorithms, user interface, visual design, icons, and documentation, is the exclusive intellectual property of Expressive Systems Ltd and is protected by copyright, trade secret, and other intellectual property laws of the United Kingdom and international treaties.
6.2. This Agreement does not grant you any rights to the Licensor’s trademarks, trade names, or service marks, including but not limited to “Synchrony®”, “Symbolic Music”, and “Expressive Systems”.
6.3. The Software utilises the JUCE framework under licence. VST is a trademark of Steinberg Media Technologies GmbH. Audio Units is a trademark of Apple Inc. All other trademarks are the property of their respective owners.
- USER CONTENT
7.1. You retain all rights to your User Content. Nothing in this Agreement transfers ownership of your MIDI files, recordings, session data, or other materials to the Licensor.
7.2. The Licensor does not access, collect, or transmit your User Content. All User Content is processed and stored locally on your device.
- THIRD-PARTY PLUGINS
8.1. The Software includes a plugin hosting environment that allows you to load Third-Party Plugins in VST3 and Audio Units formats. These plugins are developed by independent third parties and are subject to their own licence agreements.
8.2. Disclaimer. The Licensor accepts no responsibility or liability for the behaviour, stability, performance, compatibility, or data handling of any Third-Party Plugin loaded within the Software. This includes, without limitation:
(a) crashes, hangs, or unexpected behaviour caused by Third-Party Plugins;
(b) corruption or loss of User Content caused by Third-Party Plugins;
(c) security vulnerabilities introduced by Third-Party Plugins;
(d) incompatibility between Third-Party Plugins and the Software or your operating system.
8.3. The Licensor does not endorse, certify, or guarantee the compatibility of any Third-Party Plugin with the Software.
- ACTIVATION AND DATA COLLECTION
9.1. The Software requires online activation via a Licence Key. After activation, the Software periodically contacts the Licensor’s servers to verify the licence remains valid. If the server cannot be reached (e.g., due to no internet connection), the Software will continue to operate normally for a grace period of fourteen (14) days from the last successful verification. If the grace period expires without a successful verification, the licence will deactivate until connectivity is restored.
During activation and periodic verification, the following data is transmitted to the Licensor’s servers:
(a) Licence Key;
(b) a hardware identifier derived from your computer’s configuration (used solely to bind the licence to your device);
(c) the Software version and operating system version.
9.2. Personal information. During activation and licence registration, the following personal information is collected and stored:
(a) your name;
(b) your email address;
(c) your billing address.
This information is used solely for licence management, customer support, and communications relating to the Software (such as update notifications). The Licensor will not sell, rent, or share your personal information with third parties except where required by law or as necessary to provide the Software’s activation services. Your personal data is processed in accordance with the Licensor’s Privacy Policy and applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR).
9.3. Telemetry. The Software does not collect usage analytics or behavioural data during normal operation. The Software may collect and transmit anonymous crash reports to help the Licensor diagnose and fix issues. Crash reports contain only technical information about the state of the Software at the time of the crash (such as stack traces and system configuration) and do not include User Content, personal information, or audio/MIDI data.
9.4. No audio or MIDI data. The Software does not transmit any audio, MIDI, or musical content to the Licensor or any third party at any time.
- FEEDBACK
10.1. If you provide the Licensor with feedback, suggestions, feature requests, or other input regarding the Software (“Feedback”), you grant the Licensor a perpetual, irrevocable, worldwide, royalty-free licence to use, modify, and incorporate such Feedback into the Software or other products without obligation of compensation or attribution to you.
- WARRANTY DISCLAIMER
11.1. Limited Warranty. The Licensor warrants that, for a period of thirty (30) days from your date of receipt, the Software will substantially conform to the documentation provided with it.
11.2. Sole Remedy. If the Software does not conform to this warranty, your sole remedy is, at the Licensor’s option, either (a) repair or replacement of the Software, or (b) a full refund of the licence fee paid, upon return or destruction of all copies of the Software.
11.3. Disclaimer. EXCEPT FOR THE EXPRESS WARRANTY IN SECTION 11.1, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, OR BE ERROR-FREE.
11.4. Standards Compliance. The Software implements features based on the MIDI specification and common music production conventions. The Licensor makes no representation or warranty that the Software will comply with any present or future standard, or that its output will be compatible with all third-party software or hardware.
- LIMITATION OF LIABILITY
12.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF RECORDINGS, CORRUPTION OF FILES, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2. Data Loss. The Licensor shall not be liable for any loss, corruption, or damage to User Content, MIDI files, session data, audio recordings, or any other data, howsoever caused, whether arising from use of the Software, Third-Party Plugins, system failure, or any other cause.
12.3. Liability Cap. THE LICENSOR’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE LICENCE.
12.4. Nothing in this Agreement excludes or limits the Licensor’s liability for (a) death or personal injury caused by negligence, (b) fraud or fraudulent misrepresentation, or (c) any other liability that cannot be excluded or limited under the laws of England and Wales.
- TERMINATION
13.1. This Agreement is effective until terminated.
13.2. Termination by You. You may terminate this Agreement at any time by permanently deleting all copies of the Software from your devices and destroying any related materials.
13.3. Termination by Licensor. The Licensor may terminate this Agreement immediately and without notice if you breach any term of this Agreement. Upon termination, you must immediately cease all use of the Software and destroy all copies.
13.4. Survival. Sections 4 (Restrictions), 6 (Intellectual Property), 8.2 (Third-Party Plugin Disclaimer), 11.3 (Warranty Disclaimer), 12 (Limitation of Liability), and 14 (Governing Law) shall survive termination of this Agreement.
- GOVERNING LAW AND JURISDICTION
14.1. This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.
14.2. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
14.3. If you are a consumer within the European Union, you shall also be entitled to rely on any mandatory provisions of the consumer protection laws of your country of residence.
- GENERAL PROVISIONS
15.1. Entire Agreement. This Agreement constitutes the entire agreement between you and the Licensor with respect to the Software and supersedes all prior agreements, understandings, and representations.
15.2. Severability. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be replaced with a valid provision that most closely reflects the original intent.
15.3. Waiver. The failure of the Licensor to enforce any provision of this Agreement shall not constitute a waiver of its right to enforce that provision or any other provision in the future.
15.4. Assignment. The Licensor may assign its rights and obligations under this Agreement without your consent. You may not assign your rights or obligations without the Licensor’s prior written consent.
15.5. Export Compliance. You agree to comply with all applicable export control laws and regulations in your use of the Software.
- CONTACT
For questions about this Agreement, please contact:
Expressive Systems Ltd (trading as Symbolic Music)
23 Mill Court, 4 Essex Wharf, London E5 9RZ, United Kingdom
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