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Salsa Rhythm Machine(tm) END USER LICENSE IMPORTANT - READ CAREFULLY. BY CLICKING ON THE YES BUTTON, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE NO BUTTON AND THE REGISTRATION PROCESS WILL NOT CONTINUE. This Salsa Rhythm Machine License ('Agreement') is between you (either an individual or a single entity) ('Licensee') and TechSono Engineering, Inc. ('TechSono') and applies to the version of the Salsa Rhythm Machine(tm) software program in object code format that Licensee has selected to download, together with any documentation included in the download (the 'Software'). By clicking on the accept button or installing, copying, or otherwise using the Software, Licensee agrees to be bound by the terms of this Agreement. If Licensee does not agree to the terms of this Agreement, do not install or use the Software. GRANT OF LICENSE. Provided that Licensee fully complies with the terms and conditions set forth below, TechSono hereby grants Licensee (and only Licensee), a personal, non-sublicensable, non-exclusive license to use the Software only in accordance with the terms and specifications contained in the applicable user documentation provided with the Software (the 'License'). This License does not entitle Licensee to any hard-copy documentation, support or telephone assistance. RESTRICTIONS. Except for one copy made solely for back-up purposes, Licensee may not copy the Software. Licensee must reproduce and include the copyright notice and any other notices that appear on the original Software on any copies and any media therefor. Licensee shall not (and shall not allow any third party to) (i) decompile, disassemble, or otherwise reverse engineer (except to the extent that applicable law prohibits reverse engineering restrictions) or attempt to reconstruct or discover any source code or underlying ideas or algorithms or file formats or programming or interoperability interfaces of the Software by any means whatsoever, (ii) remove any product identification, copyright or other notices, (iii) provide, lease, lend, use for timesharing or service bureau purposes or otherwise use or allow others to use the Software to or for the benefit of third parties, (iv) modify, incorporate into or with other software or create a derivative work of any part of the Software, (v) disseminate performance information or analysis (including, without limitation, benchmarks) from any source relating to the Software or remove or export from the United States or allow the export or re-export of any part of the Software or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. TERMINATION. This License if effective until terminated. This License will terminate automatically if Licensee fails to comply with the limitations described above. On termination, Licensee must immediately cease use of the Software program and destroy all copies of the Software and any documentation. Except for the License and except as otherwise expressly provided herein, the terms of the Agreement shall survive termination. Termination is not an exclusive remedy and all other remedies will be available whether or not the License is terminated. DISCLAIMER OF WARRANTY. The Software is provided 'AS IS', WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM BUGS AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY LICENSEE. SHOULD THE SOFTWARE PROVE DEFECTIVE, LICENSEE AND NOT TECHSONO ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO LICENSEE AND LICENSEE MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. TITLE. Title, ownership rights and intellectual property rights in and to the Software shall remain in TechSono and/or its suppliers. The Software is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright or other law. This License gives Licensee no rights to such content. LIMITATION ON LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL TECHSONO OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF TECHSONO SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO LICENSEE. MISCELLANEOUS. Neither the Agreement or the License granted hereunder are assignable or transferable by Licensee without the prior written consent of TechSono; any attempt to do so shall be void. TechSono may assign or transfer this Agreement in whole or in part. Any notice, report, approval or consent required or permitted hereunder shall be in writing. No failure or delay in exercising any right hereunder will operate as a waiver thereof, nor will any partial exercise of any right or power hereunder preclude further exercise. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of Florida and the United States without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. Any waivers or amendments shall be effective only if made in writing. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement. The prevailing party in any action to enforce this Agreement will be entitled to recover its attorney's fees and costs in connection with such action. Рейтинг: Назад Наверх
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