Songtrellis, Inc. ("Songtrellis") grants to you a non-exclusive personal license to install and use the SongTrellis Music Editor software ("Software") and accompanying documentation ("Documentation") during it's Beta cycle and up to 1 year thereafter in the manner described below.
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;
Copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices;
YOU MAY NOT:
Permit other individuals to use the Software except under the terms listed above;
Permit concurrent use of the Software;
Modify, adapt,translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software;
Copy the Software other than as specified above;
Distribute, copy, or disclose by any means any updates received under this license;
Rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or
Remove any proprietary notices or labels on the Software.
TITLE
Title, ownership rights, and intellectual property rights in the Software shall remain in Songtrellis. The Software is protected by the copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This License gives you no rights to such content.
Intellectual Property
The Software and all related intellectual property rights (including images, video, audio, music and text incorporated into the Software) are owned by Songtrellis.The Software and its structure, organization and code are the valuable trade secrets of Songtrellis, and are protected by United States Copyright Law, International Treaty provisions and other applicable law.You must not modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software, or install or use the Software in a manner contrary to this Agreement.You may not create derivative works based on the Software. You may use trademarks appearing on or associated with the Software only to identify printed output produced by the Software, in accordance with accepted trademark practice, including identification of trademark owner's name.Such use of any trademark does not give you any rights of ownership in that trademark.Except as stated above, this Agreement does not grant you any intellectual property rights in the Software.
LIMITED WARRANTY AND REMEDIES
NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE MADE WITH RESPECT TO THIS PROGRAM, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND SONGTRELLIS EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED HEREIN. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
TERMINATION
The license will terminate automatically twelve (12) months after the commercial release of Software.
The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SONGTRELLIS OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR 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. IN NO EVENT WILL SONGTRELLIS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT SONGTRELLIS RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF SONGTRELLIS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. MISCELLANEOUS
All deliverables are by electronic transmission only, there are no deliverables in any other form.
This Agreement represents the complete agreement concerning this license and may only be amended in writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER.
Governing Law and General Provisions
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This Agreement will be governed by the laws of the State of Washington, U.S.A., excluding the application of its conflicts of law rules.This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.If any part of this Agreement is found void and unenforceable, the remaining provisions shall remain valid and enforceable.You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
U.S. GOVERNMENT RESTRICTED RIGHTS
Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, or to SongTrellis's standard commercial license, as applicable, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Songtrellis, Inc., P.O. 7103 Bellevue, WA 98008.
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Last update: Wednesday, October 4, 2000 at 11:52 PM.