License Agreement

Jay Bay Creates LLC

This End User License Agreement (“Agreement”) is between you and Jay Bay Creates LLC (“we”, “us”), the maker of WholeRun and WholeRun GO. If you use the Software for an organization (a theatre, school, company or other group), you agree for that organization and confirm you are allowed to. If you don’t agree, don’t install or use the Software.

1. What this covers

This Agreement covers two programs: WholeRun (including WholeRun Viewer, the actor tool it makes, its help, Theatre guide, sample production and user guide) and WholeRun GO, the separate sound and video playback program, in every form we provide: a Windows app from the Microsoft Store, a single HTML file, or a copy from our website (together, the “Software”). Where this Agreement says “WholeRun”, it means each of these programs unless it says otherwise. WholeRun and WholeRun GO are sold separately; buying one does not include the other. Purchases are also covered by our Terms of Sale.

2. Your license

We license the Software to you; we don’t sell it. Once you have paid for a license (or while you are using a free trial or the free Viewer), we give you a personal, non-exclusive, non-transferable, revocable license to install and use the Software, subject to this Agreement:

A purchased license does not expire. Updates come through the Microsoft Store; a future major version may be a separate purchase, and you may keep using the version you had.

License checks. The Windows app confirms your license or trial with the Microsoft Store when it starts and from time to time while the device is online. This check is between the app and Microsoft and includes nothing from your productions or shows. If the license can’t be confirmed for a long time, the trial has ended, or the purchase was refunded or reversed, the Software may stop editing until a license is confirmed. You can always still open, read and print what you made in the free WholeRun Viewer, and we never delete your work.

3. What you may not do

Unless the law allows it despite this restriction, you may not: sell, rent, lease, lend, sublicense or share the Software beyond your license; remove or change copyright, trademark or license notices; get around license checks, trial limits or the Viewer’s read-only mode; reverse engineer, decompile or disassemble the Software except to the extent the law expressly permits; or use the Software to break any law or anyone’s rights. Sharing productions you made, Viewer copies, actor tools, reports and WholeRun GO show packages is allowed and encouraged.

4. Ownership

We (and our licensors) own the Software and all rights in it, including the WholeRun and WholeRun GO names and logos. This Agreement gives you only the rights it states. Open-source parts are licensed under their own terms, listed in Help › Licenses and credits, and those terms control for those parts.

5. Your productions and content

What you make with the Software is yours: productions, blocking, notes, reports, schedules, emails, cue lists, shows and other files. We don’t receive it and have no rights to it. You are responsible for:

6. Back up your work; lost or damaged files

Save often, and keep copies. WholeRun and WholeRun GO keep your work only on your own devices: in the files you save, and in the program’s own storage on this computer (in a web browser, that browser’s storage). We never receive it, so we cannot see, recover or restore it if it is lost or damaged.

To the fullest extent the law allows, we are not responsible for lost, damaged or corrupted data or files, for errors in the Software or in anything it produces, or for what happens because of them, however they are caused. Sections 11 and 12 explain this further.

7. Features that use other services

The Software works offline. A few features use services you choose, under their own terms and privacy policies, which we don’t control:

8. Estimates, checks, reminders and safety

The Software’s timings, forecasts, running times, sightlines, collision and continuity checks, working-hours reminders, content-warning suggestions, captions, audio description notes, translations, breakdowns, merge suggestions and AI answers are aids, not guarantees. They can be incomplete or wrong. Working-hours rule sets are reminders you set up. They are not legal advice and do not represent any union agreement, contract or law; check your own agreements and the law. The Software is not a safety system. Never rely on it for flying, rigging, pyrotechnics, haze, weapons, stage combat, fire safety, evacuation, holds and show stops, medical, or child-protection decisions; follow your venue’s procedures, qualified professionals and the law. WholeRun GO plays what you give it: check sound levels and test your system before every performance.

9. Updates and support

We may release updates that add, change or remove features. We provide support by email as described in our Support Policy. We may stop selling or updating the Software in the future; if we do, your licensed copies keep working as they are.

10. Feedback

If you send ideas or suggestions, we may use them without owing you anything, and we aren’t required to use them or to reply. Please don’t send material you don’t want us to use.

11. No warranty

TO THE FULLEST EXTENT THE LAW ALLOWS, THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, THAT IT WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ITS OUTPUT WILL BE CORRECT, AND THAT YOUR DATA WILL NOT BE LOST OR DAMAGED. Some places don’t allow these exclusions, so some may not apply to you.

12. Limit of liability

TO THE FULLEST EXTENT THE LAW ALLOWS: (a) WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST, DAMAGED OR CORRUPTED DATA OR FILES (INCLUDING BACKUPS), ERRORS IN THE SOFTWARE OR ITS OUTPUT, LOST PROFITS OR REVENUE, CANCELED OR DISRUPTED REHEARSALS OR PERFORMANCES, OR MISSED CUES OR CALLS, EVEN IF WE WERE TOLD THEY WERE POSSIBLE; AND (b) OUR TOTAL LIABILITY FOR ALL CLAIMS ABOUT THE SOFTWARE IS LIMITED TO THE GREATER OF WHAT YOU PAID FOR YOUR LICENSE IN THE 12 MONTHS BEFORE THE CLAIM, OR US $50. These limits don’t apply where the law doesn’t allow them, such as for death or personal injury caused by negligence, or fraud.

13. Indemnity

If someone makes a claim against us because of content you imported, played or shared with the Software (for example a script or recording you had no right to copy) or because you broke this Agreement or the law, you agree to cover our reasonable costs of that claim. This doesn’t apply to consumers where the law doesn’t allow it.

14. Ending this Agreement

You may stop using the Software at any time. Your license ends automatically if you materially break this Agreement and don’t fix it within 14 days of notice from us. You must then stop using the Software, but your productions and shows remain yours. Sections 4 to 8 and 10 to 19 continue after the Agreement ends.

15. Export and sanctions

You agree to follow all export-control and sanctions laws that apply to the Software, and not to use it in or ship it to a country or person those laws prohibit.

16. U.S. Government users

The Software is “commercial computer software” and its documentation is “commercial computer software documentation” as used in FAR 12.212 and DFARS 227.7202. Government users receive only the rights in this Agreement.

17. Governing law and disputes

This Agreement is governed by the laws of the State of North Dakota and of the United States, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Before filing a claim, please email us at contact@wholerun.app so we can try to solve it within 30 days. Any lawsuit must be brought in the state or federal courts located in Stark County, North Dakota, and you and we agree to their jurisdiction, except that either of us may bring a claim in small-claims court where it qualifies. If you are a consumer living outside the United States, nothing here takes away the protection of the mandatory consumer laws of your country, or your right to bring a claim in your local courts.

18. General

This Agreement, with our Terms of Sale and Privacy Policy, is the whole agreement about the Software and replaces earlier ones. The Microsoft Store’s own terms also apply to purchases and downloads from the Store; Microsoft is not a party to this Agreement and is not responsible for the Software or its support. If a court finds part of this Agreement unenforceable, the rest still applies and that part is enforced as far as the law allows. If we don’t enforce a right, we don’t give it up. You may not transfer this Agreement without our written consent; we may transfer it as part of a sale or reorganization of our business. Neither of us is responsible for delays caused by events beyond reasonable control. We may update this Agreement; the Software will show you the new version, and the changes apply to updates you install after that. Notices to us go to contact@wholerun.app.

19. Contact

Jay Bay Creates LLC · contact@wholerun.app · wholerun.app