Please read this document carefully before purchasing and using the
software in the Audiowarrior media package(s). This agreement licenses
the enclosed software to you and contains warranty and liability
disclaimers.
Unless
otherwise
stated, by purchasing/installing boxed CD/DVD versions or
downloading/installing the electronic delivery versions of the same,
and using the
non-returnable non-refundable software in this media package, you are
confirming to have taken notice
of terms and conditions of this agreement and you acknowledge your
acceptance of the software as well as your acceptance of the terms of
this agreement.
1)
DEFINITIONS
"EULA" means this end user license agreement
"AudioWarrior software" means the software program and or content
included in the enclosed package, and all related updates supplied by
AudioWarrior.
"AudioWarrior Product" means AudioWarrior software and the related
documentation and models and multimedia content (such as animation,
sound and graphics) and all related updates supplied by AudioWarrior.
"Not for resale (NFR) Version" means a version of AudioWarrior Product,
so identified, is intended for review and evaluation purposes, only.
2) LICENSE
Copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties protect the "AudioWarrior
Product". The "AudioWarrior Product" is licensed, not sold.
This EULA grants you the rights as specified here below. All other
actions and means of usage are reserved to the written permission of
the right holder AudioWarrior:
Applications
And Content Software
GRANT OF LICENSE
AudioWarrior, as Licensor, grants to you, the Licensee, a limited,
nonexclusive right to use this copy of the Content CD on a single
computer for your individual use. You are free to use the Content CD in
your own original compositions without restriction. Neither the Content
CD nor any portion thereof may be resold or redistributed as loops,
music beds, clips, visuals and/or graphic images except as otherwise
integrated into your own works. Only you may use the "AudioWarrior
Product". You may install and use the "AudioWarrior Product", or any
prior version thereof for the same operating system, on up to three (3)
computers, provided that (a) each computer is owed by (or leased to)
and under the exclusive control of the licensee; (b) the program(s)
shall NOT be used simultaneously on more than one machine, and (c) any
computer(s) with AudioWarrior software installed shall not be sold,
rented, leased, loaned or otherwise be removed from the licensee's
possession without first removing (uninstalling) the licensed software,
except as provided in Paragraph 4 (below) pertaining to "Software
Transfer".
Storage/Network use. You may also store or install a copy of the
"AudioWarrior Product" on a storage device, such as a network server,
used only to install or run the "AudioWarrior Product" on your other
computers over an internal network; however, you must acquire and
dedicate a distinct license for each user of the "AudioWarrior Product"
from the storage device. Any given license for the "AudioWarrior
Product" may not be shared or used concurrently or otherwise on
different computers or by different developers in a given organization.
3. REGISTRATION
You agree to provide true, accurate and complete information about
yourself. If you provide any information that is untrue, inaccurate,
not correct or incomplete, or AudioWarrior has reasonable grounds to
suspect that such information is untrue, inaccurate, not correct or
incomplete, AudioWarrior has the right to suspend or to revoke the
license.
The termination of the license shall be without prejudice to any
rights, whatsoever, of AudioWarrior.
3) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Limitations on Reverse Engineering, Decompilation, and Disassembly. You
may not reverse engineer, decompile, or disassemble the "AudioWarrior
Product", except and only to the extent that applicable law
notwithstanding this limitation of components expressly permits such
activity. The "AudioWarrior Product" is licensed as a single product.
Its component parts may not be separated for use on more than one
computer.
Not for Resale Version. If the "AudioWarrior Product" is labeled "Not
for Resale" or "NFR" or "Evaluation Copy", then, notwithstanding other
sections of this EULA, you may not sell, or otherwise transfer the
"AudioWarrior Product".
Rental. You may not rent, lease, or lend the "AudioWarrior Product" to
any party.
Software Transfer. You may not transfer, license or sublicense your
rights as Licensee of the software or any AudioWarrior Product, as
licensed to you under this agreement without prior written consent of
the rights owner. The carrier on which the AudioWarrior Product has
been distributed may be transferred or otherwise made available to any
third party only with the prior written consent of the rights owner and
provided that (a) the original media and license(s) accompany the
carrier and (b) the party transferring the media does not retain a copy
of the media.
5) UPGRADES
If the "AudioWarrior Product" is labeled or otherwise identified by
AudioWarrior as an "upgrade", you must be properly licensed to use a
product identified by AudioWarrior as being eligible for the upgrade in
order to use the "AudioWarrior Product".
An "AudioWarrior Product" labeled or otherwise identified by
AudioWarrior as an upgrade replaces and/or supplements the product that
formed the basis for your eligibility for such upgrade. You may use the
resulting upgraded product only in accordance with the terms of this
EULA. If the "AudioWarrior Product" is an upgrade of a component of a
package of software programs that you licensed as a single product, the
"AudioWarrior Product" may be used and transferred only as part of that
single product package and may not be separated for use on more than
one computer.
6) DUAL-MEDIA SOFTWARE.
You may receive the "AudioWarrior Product" in more than one medium
You
may not loan, rent, lease, or otherwise transfer the other medium
to another user, except as part of the permanent transfer (as provided
above) of the "AudioWarrior Product".
7) LIMITED WARRANTY
AudioWarrior warrants to the original purchaser of the computer
software product, for a period of ninety (90) days following the date
of original purchase, that under normal use, the software program and
the user documentation are free from defects that will materially
interfere with the operation of the program as described in the
enclosed user documentation.
8) WARRANTY CLAIMS
To make a warranty claim under the above limited warranty, please
return the product to the point of purchase, accompanied by proof of
purchase, your name, your return address and a statement of the defect,
or send the CD(s) to us by first contacting us through one of the
methods provided below within ninety (90) days of purchase. Include a
copy of the dated purchase receipt, your name, your return address and
a statement of the defect. AudioWarrior or its authorized dealer will
use reasonable commercial efforts to repair or replace the product and
return it to you (postage prepaid) or issue to you a credit equal to
the purchase price, at its option.
9) LIMITATIONS ON WARRANTY
AudioWarrior warrants only that the program will perform as described
in the user documentation. No other advertising, description or
representation, whether made by an AudioWarrior dealer, distributor,
agent or employee, shall be binding upon AudioWarrior or shall change
the terms of this warranty.
EXCEPT AS STATED ABOVE, AUDIOWARRIOR MAKES NO OTHER WARRANTY, EXPRESSED
OR IMPLIED, REGARDING THIS PRODUCT. AUDIOWARRIOR DISCLAIMS ANY WARRANTY
THAT THE SOFTWARE IS FIT FOR A PARTICULAR PURPOSE, AND ANY IMPLIED
WARRANTY OF MERCHANTABILITY SHALL BE LIMITED TO A NINETY (90) DAY
DURATION OF THIS LIMITED EXPRESS WARRANTY AND IS OTHERWISE EXPRESSLY
AND SPECIFICALLY DISCLAIMED. AUDIOWARRIOR SHALL NOT BE LIABLE FOR
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, EVEN IF
AUDIOWARRIORIS ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
THIS MEANS THAT AUDIOWARRIOR SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE
LOSS OF PROFITS OR REVENUES, OR FOR DAMAGES OR COSTS AS A RESULT OF
LOSS OF TIME, DATA OR USE OF THE SOFTWARE, OR FROM ANY OTHER CAUSE
EXCEPT THE ACTUAL COST OF THE PRODUCT. IN NO EVENT SHALL AUDIOWARRIOR
LIABILITY EXCEED THE PURCHASE PRICE OF THIS PRODUCT.
10) CHOICE OF LAW:
You agree that any and all claims, suits or other disputes arising from
your use of the software shall be determined in accordance with the
laws of the State of Florida, in the event AudioWarrior is made a party
thereto. You agree to submit to the jurisdiction of the state and
federal courts in Saint Lucie County, Florida for all actions, whether
in contract or in tort, arising from your use or purchase of the
software.
11. GENERAL:
This Agreement contains the complete agreement between the parties with
respect to the subject matter hereof, and supersedes all prior or
contemporaneous agreements or understandings, whether oral or written.
All questions concerning this Agreement shall be directed to:
AudioWarrior USA
Phone +1 772 293 9852 ©
Copyright
AudioWarrior All rights reserved.