Please Read Installing and/or Using the accompanying Software
By breaking the seal on the media envelope and/or by your installation and initial use of the software, you agree to the terms of this Agreement.
This is a legal agreement between you, the end-user (Licensee), and MediaTech Innovations (MTI). If you do not agree with these terms, then promptly return the purchased package undamaged in its entirety to the place from which you purchased it for a purchase price refund. The refund may be subject to a nominal restocking fee or other fee if materials are missing or are otherwise damaged.
This is a license agreement to use a The*Wizard software product under the terms set forth herein, and not an agreement for sale. The*Wizard software products include: The*Drumz Wizard, The*Drumz Wizard PLUS, and The*Muzical Wizard. The*Wizard software products and all of its rights are owned by and remains the sole property of MTI. This license is effective as of the time Licensee acquires the Software or in the case of shareware û makes a registration payment and shall continue in effect until Licensee ceases all use of the Software by returning all copies, destroying all copies, or transferring all copies to another party, or until automatically terminated by the breach of any of these terms by Licensee.
You are hereby granted the rights to:
╖ Install this software onto one or more computer hard-disks or other similar storage devices, provided that the any computer system on which this software is installed is the property of the person who legally acquired or registered this software.
╖ Use this Software in a shared environment such as a network or file-server, provided that the software is only loaded into and run on one machine at a time. There are no other provisions for sharing via network, file-server, or other means; each person who desires to load and run the Software for independent use on a computer must purchase the Software for their express use. Licensee further agrees to provide methods to prevent use of the Software by other parties who may have access via shared environments.
╖ Make machine readable backup copies for personal use only. Where such backup copies must be appropriately labeled as a backup copy which is the property of MTI.
╖ Transfer this Software to another party by transferring the original diskettes and other materials including the printed documentation and this License Agreement. The party to which the Software is transferred must agree to the terms set forth in this License Agreement and notify MTI of their acquisition of the Software. Licensee must transfer or destroy all other copies of the Software. Upon such transfer, Licensee is released from upholding all terms and provisions set forth herein.
This License Agreement prohibits:
Any of the following are a violation of US and international copyright laws and any known violations will indeed be enforced to the fullest extent possible.
╖ Use this Software on more than one compatible computer system at a time.
╖ Use, copy, or transfer copies of this Software except as provided in the License Agreement.
╖ Alter, merge, or reverse engineer (e.g., decompile or disassemble) this Software or create derivative works of this software, in whole or in part.
╖ In the case of shareware, to provide any person or persons with the license-key provided by MTI. In other words, the license-key for shareware registration is for the party who has effected a proper registration payment to MTI and neither the registrant nor any other party may give or otherwise transmit a shareware registration license-key to any other party.
╖ In the case of shareware, to develop, attempt to develop, or distribute a "crack" or any other means to defeat the locks intentionally implemented within the shareware versions of the software that limit the functionality of the shareware software until the software is unlocked with a registration license-key provided by MTI subsequent to a registration payment. Furthermore, no "crack" or program transformation algorithm may be developed, attempted to be developed, or distributed that in any way alters the operating characteristics and/or object code of this software from that officially released by MTI.
╖ Any redistribution or reproduction of this software is absolutely prohibited.
Limited Warranty:
MTI warrants that the Software substantially conforms to the published specifications and/or documentation, provided that it is used with compatible computer and peripheral hardware and operating environments for which is had been designed.
MTI also warrants that the media upon which the Software is distributed and any printed materials are free from defects in materials and workmanship for a period of thirty days from the date of purchase; MTI will replace any such defective materials at no cost within the thirty day period.
If for any reason you decide within thirty days from the date of purchase that the Software may not meet your particular needs, then promptly return the purchased package undamaged in its entirety to the place from which you purchased it for a refund. Due to copyright and software piracy issues, a refund can only be effected if the software is not installed, which means that the customer's evaluation must consist of a review of the product documentation (shareware and demo versions of the software are available for live evaluation). The software will be considered "installed" if: any envelope or other container which holds the media is opened or altered, or if a signature is placed on the media as a result of the installation process. Only the substantiated purchase price shall be refunded (all shipping & handling costs shall be the burden of the customer). Any product purchased from MTI and refund issued by MTI will be subject to a nominal restocking fee of no less than ten percent (10%) of the purchase price and may be higher if materials are missing or are otherwise damaged. The nature of shareware is such that the customer has the opportunity to install and use the core features of the software in order to evaluate its suitability and utility for their purposes prior to making a registration payment -- therefore notwithstanding the preceding, no shareware registration payments shall be refunded.
The thirty-day materials replacement service and thirty-day refund are MTI's sole liabilities under this warranty. Beyond thirty days, should the customer require any replacement materials, the cost for the materials and shipping for such replacement shall be quoted to the customer at the current rate.
No other warranty, express or implied, with respect to this Software and its related documentation is given.
Disclaimer:
Software such as this product is inherently complex and may not be completely error free. You are therefore advised of a certain risk associated with the use of this product. You are further advised to verify, save, and backup any and all data and work residing within your computer.
MTI disclaims any and all liability for damages whatsoever, whether incidental or consequential, arising out of the use or inability to use this Software product.
This License Agreement and its associated Warranty gives you specific rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow the exclusion or limitation of implied warranties or limitation of liability for damages, so the above exclusions or limitations may not apply to you.
General:
This License Agreement is the complete and exclusive statement of terms. Should any term or provision be found invalid or otherwise unenforceable, such terms or provisions will be enforce to the maximum extent possible, and the remainder of the License Agreement terms shall remain in full force and effect.
This License Agreement is governed by the laws of the State of California, the United States of America, and international copyright laws.
