» version 1.1a - posted on 2005-01-21
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EULA - End User License Agreement
END USER LICENSE AGREEMENT
for ARPTON(tm) 1.1a
IMPORTANT -- READ CAREFULLY BEFORE USING THIS SOFTWARE:
(a) This End-User License Agreement ("EULA") is a legal agreement between you and ArptonSoft, LLC ("LICENSOR") for the ARPTON(tm) program ("SOFTWARE"), which includes computer software and associated media and printed materials (if any), and may include online or electronic documentation.
(b) The SOFTWARE is protected by copyright laws and international copyright treaties, as well as by other intellectual property laws and treaties.
(c) The SOFTWARE is licensed, not sold.
(d) The LICENSOR is willing to license the SOFTWARE to you only if you accept all of the terms in this EULA. You should carefully read the following terms and conditions before using the SOFTWARE.
(e) By installing, copying or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA.
(f) IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL THE SOFTWARE.
1. GRANT OF LICENSE
(a) This is a free trial version of the SOFTWARE. You are hereby licensed to use the SOFTWARE for trial purposes without charge.
(b) Provided that you verify that you are distributing the Trial Version you are hereby licensed to make as many copies of the Trial Version of the SOFTWARE and documentation as you wish; give exact copies of the original Trial Version to anyone; and distribute the Trial Version of the SOFTWARE and documentation in its unmodified form via electronic means. There is no charge for any of the above.
(c) You are specifically prohibited from charging, or requesting donations, for any such copies, however made.
(d) The LICENSOR may, but is not obligated to, provide you with updates or upgrades to the SOFTWARE for free or subject to payment of additional license fees. Use of any update is a subject to the terms of this EULA. By installing, copying or otherwise using any such update, you agree to be bound by the terms of this EULA with respect to such update.
(a) You are expressly prohibited from selling, or leasing the Trial version of this SOFTWARE or any portion thereof.
(b) You are also expressly prohibited from reverse engineering, decompiling, translating, disassembling, deciphering, decrypting, or otherwise attempting to discover the source code of the SOFTWARE. You may not use any other method to convert the SOFTWARE into a human-readable form, nor may you allow another person to do so, as the SOFTWARE contains proprietary material of the LICENSOR. You may not correct, modify, alter, adapt, port, or merge the SOFTWARE in any way in part or in whole.
The creation of derivative works based on the content of the SOFTWARE is also prohibited.
(c) You must maintain all copyright notices on all copies of the SOFTWARE. You may not remove, alter, deface, overprint or otherwise obscure the LICENSORs patents, trademarks, service marks or copyright notices.
(d) You agree that the SOFTWARE will not be used in any manner prohibited by any government agency, or by any laws, restrictions or regulations.
(e) You may not use the SOFTWARE to reproduce copyrighted materials which you do not have rights to, unless you have the express, written permission of the owners of those copyrights.
3. OWNERSHIP OF THE SOFTWARE
(a) The LICENSOR and/or its affiliates or subsidiaries own certain rights that may exist from time to time in this or any other jurisdiction, whether foreign or domestic, under patent law, copyright law, publicity rights law, moral rights law, trade secret law, trademark law, unfair competition law or other similar protections, regardless of whether or not such rights or protections are registered or perfected (the "Intellectual Property Rights"), in the computer software and hardware, together with any related documentation (including design, systems and user) and other materials for use in connection with such computer software in this package (collectively, the "LICENSED WORKS").
(b) ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE LICENSED WORKS ARE AND SHALL REMAIN IN LICENSOR.
(a) The SOFTWARE and the accompanying written materials are developed and owned by the LICENSOR and are protected by United States copyright laws, by laws of other nations, and by international treaties.
(b) The LICENSOR has full copyrights in the SOFTWARE. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording).
(c) All title and copyrights in and to the SOFTWARE and any copies thereof are owned by the LICENSOR or its suppliers.
(d) All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions there under. This EULA grants you no rights to use such content.
(e) The SOFTWARE comes with no other MIDI files then the demo files that were created with this SOFTWARE, and which are royalty free.
(f) The LICENSOR will not hold responsible for any illegal use of music files downloaded or used by the users, or for any copyrights violations caused by the user, or by any other third party, company, or person.
(g) All music or songs content accompanying the SOFTWARE (if any) is the property of the LICENSOR and/or its affiliates, subsidiaries, partners, or licensors. All content is subject to the appropriate copyright, trademark or other intellectual property laws. You must keep intact all copyright, trademark or other proprietary notices or marks. You agree not to alter, modify, publish, distribute, sell, broadcast, transmit, create derivative works from, or edit any content without the expressed written permission of the LICENSOR and/or any appropriate third parties.
(h) Any copyright infringement will result in termination of service and possible legal action.
5. DISCLAIMER OF WARRANTY
(a) The SOFTWARE and the accompanying files are licensed to you "AS IS" and without warranties as to performance of merchantability or any other warranties whether expressed or implied.
(b) Because of the various hardware and software environments into which the SOFTWARE may be put, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED.
(c) The user must assume the entire risk of using the program.
(d) ANY LIABILITY OF THE LICENSOR WILL BE LIMITED EXCLUSIVELY TO THE PRODUCT REPLACEMENT.
(e) To the maximum extent permitted by applicable law, in no event shall the LICENSOR or its suppliers be liable to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not the LICENSOR had been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of, or inability to use the SOFTWARE. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
6. THIRD PARTY SOFTWARE
If the SOFTWARE requires installing third party software, you need to accept EULA accompanying such a software.
7. EVALUATION AND ACTIVATION
(a) You must purchase a licence in a form of the Activation Key to convert the installed Trial Version of the SOFTWARE into a Full unlimited Version.
After purchasing the license you will receive a payment confirmation with the Activation Key.
(b) You can activate the SOFTWARE for unlimited use only on a computer where the Trial Version had been installed. The Activation Key for your installation will be sent to you by email.
(c) By purchasing a license for the SOFTWARE you will be entitled to all future versions of the SOFTWARE, when they available for release.
(d) The LICENSOR is under no obligation to continue producing or releasing new versions of the SOFTWARE.
(e) Activating the installed Trial Version of the SOFTWARE on any computer does not affect the terms of this EULA.
(a) This EULA is effective until terminated.
(b) You may terminate this EULA at any time by uninstalling the SOFTWARE and destroying all copies of the SOFTWARE.
(c) This EULA will automatically terminate if you violate the terms of this EULA. No notice shall be required from the LICENSOR to effect such termination.
(d) Upon any termination, you agree to uninstall the SOFTWARE and return or destroy all copies of the SOFTWARE, any accompanying documentation, and all other associated materials.
9. CONTACT INFO
Should you have any questions concerning this Agreement, or if you desire to contact the LICENSOR for any reason, please visit out website: http://www.support.arpton.com
Copyright (c) 2003 ArptonSoft, LLC. All rights reserved. ARPTON(tm) is a trademark of ArptonSoft, LLC.