TheLetterZee Software Group End-User Software License Agreement
AudioGnome is offered to you, the user, by TheLetterZee Software Group conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of AudioGnome constitutes your agreement to all such terms, conditions, and notices.
1. SINGLE COPY SOFTWARE LICENSE. You may download the AudioGnome client for your personal, non-commercial internal use only, unless specifically licensed to do otherwise by TheLetterZee Software Group. This is a license, not a transfer of title, and you may not, nor permit anyone else to, (a) modify the AudioGnome client, (b) use it for any commercial purpose or public display, performance, sale or rental; (c) decompile, reverse engineer, or disassemble, the AudioGnome client in whole or in part; (d) remove any copyright or other TheLetterZee Software Group proprietary notices.
2. USE OF the AudioGnome client. You are responsible for complying with all applicable federal and state laws applicable to the use of the AudioGnome client, including copyright laws. As a condition to the license to use AudioGnome, you agree that you will not use AudioGnome to infringe the intellectual property rights of others in any way. As a condition to your use of the AudioGnome client, you agree that you will not erase or damage any information contained on the computer of any user connected to the AudioGnome client. As a condition to your use of the AudioGnome client, you agree that you will not harass or invade the privacy of any user connected to the AudioGnome client.
3. NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the AudioGnome client, you warrant to TheLetterZee Software Group that you will not use the AudioGnome client for any purpose that is unlawful, or prohibited by these Terms of Use
4. OWNERSHIP. the AudioGnome client is copyrighted proprietary material of TheLetterZee Software Group and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without AudioGnome Inc.'s prior written permission.
5. TERMINATION OF THIS LICENSE. TheLetterZee Software Group may terminate this license at any time if you are in breach of any of these terms and conditions of use. Upon such termination you must and agree to immediately destroy all copies of the AudioGnome client.
6. DISCLAIMER. THE AUDIOGNOME CLIENT, ITS DOCUMENTATION AND ITS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. THELETTERZEE SOFTWARE GROUP MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE AUDIOGNOME CLIENT OR ITS WEB SITE AT ANY TIME.
THE AUDIOGNOME CLIENT IS PROVIDED "AS-IS." THELETTERZEE SOFTWARE GROUP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AUDIOGNOME CLIENT OR ITS OPERATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THELETTERZEE SOFTWARE GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OF NON- INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL. THELETTERZEE SOFTWARE GROUP MAY MAKE IMPROVEMENTS AND/OR OTHER CHANGES TO THE AUDIOGNOME CLIENT AT ANY TIME WITHOUT NOTICE.
7. LIMITATION ON DAMAGES. IN NO EVENT SHALL THELETTERZEE SOFTWARE GROUP AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF the audiognome client or its web site, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, BUSINESS INTERRUPTION, or LOSS OF PROGRAMS OR OTHER DATA, EVEN IF THELETTERZEE SOFTWARE GROUP OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
8. GOVERNING LAW. This agreement is governed by the laws of the State of Washington, U.S.A. User consents to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A., in all disputes arising out of or relating to the use of the AudioGnome client. Use of the AudioGnome client is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
9. AMENDMENTS. TheLetterZee Software Group may amend these terms and conditions at any time by a notice on its web site, which shall be binding upon you. You may not revise or amend these terms and conditions without the prior written authorization of an officer of TheLetterZee Software Group Certain provisions of these terms and conditions may be superceded by expressly designated legal notices or terms located within the AudioGnome web site.
10. NO WAIVER. No delay or failure to take action under these terms and conditions will constitute a waiver by TheLetterZee Software Group unless expressly waived in writing by a duly authorized officer of TheLetterZee Software Group.
11. ENFORCEBILITY. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in
