Cubase Magazine 38/Issue #38.iso/2-SOFTWARE/WMAENCODER 1.3.8/LICENSE.TXT

Text File | 2001-09-30 | 8KB | 144 lines

WMA Encoder Decoder : the License
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The WMA Encoder Decoder is shareware.


END-USER LICENSE AGREEMENT

  This End-User License Agreement ("EULA") is a legal agreement
  between you, either an individual or a single entity ("Customer"
  or "you"), and XFileZ Inc. By installing, copying, or otherwise
  using the above software product, including computer software,
  associated media, any printed materials, and any "online" or
  electronic documentation (the "Software"), you agree to be bound
  by the terms of this EULA.

1. GRANT OF LICENSE

  The Software is protected by copyright laws and international copyright
  treaties, as well as other intellectual property laws and treaties. The
  Software is licensed, not sold. Any rights not explicitly granted under
  this EULA are hereby reserved. Provided you have paid all applicable fees
  and registered the Software with XFileZ Inc., the EULA grants you the
  following personal, non-exclusive, non-transferable rights:

   (a) You may use the Software on any single computer; use the Software on
       a network, provided that each person accessing the Software through
       the network must have a copy licensed to that person; use the Software
       on a second computer so long as only one copy is used at a time; or
       copy the Software for archival purposes, provided any copy must contain
       all of the original Software's proprietary notices.

   (b) You may not decompile, disassemble, extract or otherwise reverse engineer
       any of the Software. You shall not have the right to obtain or use any
       source code for the Software, nor copy, reproduce, or distribute the
       Software except as provided above. You agree not to rent or lease the
       Software, nor use the Software to render time sharing or service bureau
       services. You may not use the Software in a software production "foundry"
       environment to make third party software ready for manufacture or
       installation, except for your internal use.

2. WARRANTY, REMEDY AND LIMITATIONS

   (a) XFileZ Inc. warrants only that the Software will perform in substantial
       accordance with the accompanying user manual for thirty (30) days
       following your receipt of the Software.

   (b) Some states do not allow certain warranty limitations, so the restrictions
       of this Section 2 will apply only to the full extent permitted by
       applicable law.

   (c) EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT
       WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF
       MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Customer assumes
       all risks as to selection, quality, installation, results and
       performance. XFilez Inc. does not warrant that the Software will meet
       Customer's requirements or that the operation of the Software will be
       uninterrupted or error free.

   (d) NEITHER XFILEZ INC. NOR ANY OF ITS SUPPLIERS SHALL BE LIABLE FOR ANY
       SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
       (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS OR PROFITS, BUSINESS
       INTERRUPTION OR DELAY, OR LOSS OR INABILITY TO USE DATA), EVEN IF
       XFILEZ INC. OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY
       OF SUCH DAMAGES. REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS
       AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL XFILEZ INC.'S
       LIABILITY UNDER THIS AGREEMENT EXCEED THE SUM OF ANY AMOUNTS PAID
       HEREUNDER BY CUSTOMER TO XFILEZ INC.

   (e) You acknowledge and agree that in order to protect the integrity of
       certain third party content, Company or its licensors may provide for
       the Software security related updates that will be automatically
       downloaded and installed on your computer.  Such security related updates
       may impair the Software (and any other software on your computer which
       specifically depends on the Software) including disabling your ability
       to copy and/or play "secure" content, i.e. content protected by digital
       rights management.  In such an event, Company and/or its licensors shall
       use reasonable efforts to promptly post notices on Company web site
       explaining the security update and providing instructions to end-users
       for obtaining new versions or further updates of the Software that
       restore access to secure content and related features

3. TERMINATION

  The license will terminate automatically if Customer fails to comply with
  the terms, conditions or limitations contained in this EULA, including the
  payment of applicable license or other fees. On termination, Customer shall,
  at XFileZ Inc.'s option, either return to XFileZ Inc. or destroy all copies
  of the Software, including documentation. Otherwise, this EULA shall remain
  in force until terminated. Customer may terminate this EULA at any time
  (with no obligation on the part of XFileZ Inc.) by destroying all copies of
  the Software and providing notice there of to XFileZ Inc.. The disclaimer of
  warranty and limitations on liability contained in Section 2 and shall
  continue in force even after your rights to use the Software are terminated.

4. UPGRADES

  If the Software is designated by XFileZ Inc. as an "Upgrade" product, then
  you may only use the Software if you are also currently a licensed user of
  the base product to which the Upgrade applies. Unless the XFileZ Inc.
  documentation for an Upgrade specifically provides, you may not separate
  upgrade products from base products, nor transfer them separately.
  XFileZ Inc. reserves the sole and exclusive right to set its policies and
  prices regarding updates, upgrades and enhancements. All other terms of this
  EULA apply with equal force to Upgrades.

5. DEMO/TRIAL/SHAREWARE VERSIONS

  If XFileZ Inc. designates the Software as a "Demo/Trial/Shareware" version,
  then Customer's license rights under this EULA shall extend solely for a 30
  day evaluation period, during which Customer's use is restricted solely to
  permit Customer to determine whether to purchase an ongoing license to the
  Software. Customer may make a reasonable number of copies of the Demo
  version of this Software, including documentation, for internal distribution,
  provided that any such copies are unmodified and exact. Customer is
  specifically prohibited from charging or requesting donations for any such
  copies; and from distributing Demo versions of the Software to third parties
  without prior written permission. Unregistered use of the Software, including
  documentation, beyond the 30 day evaluation period violates federal copyright
  laws. Demo versions are provided strictly on an "as is" basis and Section 2(a)
  does not apply.

6. GENERAL

  This EULA shall be governed by and construed under the substantive laws of
  the State of Michigan, United States of America, without regard to choice of
  law provisions. If any provision of this EULA is held to be unenforceable,
  the enforceability of the remaining provisions shall in no way be affected
  or impaired thereby.

7. U.S. GOVERNMENT RESTRICTED RIGHTS

  If Customer is acquiring the Software, including documentation on behalf of
  the U.S. Government, the following provisions apply.

    The Software and Documentation are "commercial items" as defined in
     48 C.F.R. 2.101 (Oct. 1995)
    Consisting of "commercial computer software" and "commercial computer
     software documentation" as used in 48 C.F.R. 12.212 (Sept. 1995) and
     48 C.F.R. 227-7202 (June 1995)
    Use, reproduction, or disclosure by the U.S. Government is subject to
     the restrictions of this license and 48 C.F.R. 52.227-19(c) (June 1987),
     48 C.F.R. 1852.227-86(d) or similar or successor provisions as applicable.