End user agreement for HD Audio Recorder
Before You read this License Agreement, please, print or save a soft copy of this License Agreement for record purposes.
This end-user License Agreement (the "License Agreement") is between WAVELET LABS (the "Licensor") and the end user ("You").
By installing and executing the software that accompanies this License Agreement ("Licensor Software") and by marking the "I accept the terms of the License Agreement" checkbox, you are deemed to and do consent to be bound by and become a party to this License Agreement and to the Microsoft Software Supplemental License Terms and you represent that you have the authority to enter into these Agreements. If you do not agree to be bound by all of the terms of these Agreements do not mark the "I accept the terms of the License Agreement" checkbox and do not install the software. All unaccepted software must be promptly returned to the vendor at Your expense.
1. Grant of License Use
If You are not using a licensed copy of the Licensor Software, You are not allowed to install the Licensor Software and any future updates of the same.
The Licensor grants You a non-exclusive, non-transferable, non-sub-licensable and revocable license to install one copy of the Licensor Software and related written materials in either printed text or machine readable version (the "Documentation"), on a single computer. If You are using the Licensor Software for Your own personal use and not in a business or trade, You may use internally one copy of the Licensor Software and Documentation on two computers as long as the computers are used for private, non-commercial purposes. The Licensor Software is licensed as a single product, and You may not separate its component parts for use on more than one desktop personal computer.
2. Evaluation Copy
You may be granted a temporary license to evaluate the Licensor Software. Applications and data that You have created during the evaluation period may require the Licensor Software in order to run or to be accessible. Consequently, You may lose or be unable to access applications or data that You have created during such period. You should therefore take precautions to avoid any loss of data. To be allowed to continue Your use of the Licensor Software after expiry of the evaluation period, You must acquire a regular license as set out in this License Agreement and pay the license fee. You agree that the Evaluation Copy granted to You on a temporary basis to test the Licensor Software may have limited functionality and that consequently You may not be able to benefit from all the functions which would be available if You buy a regular license and pay the license fee.
3. Licensed Units and Networks
When You purchase a license You will be provided with a serial number. You should activate the registered license for the Software by entering the serial number as prompted by the Software. You agree to use the Software only for the number of licensed units specified on Your invoice. Any simultaneous storage, maintenance, or use on more units than are licensed is prohibited. You agree to contact the Licensor if simultaneous use will be possible.
4. Copyright and Trademark Rights
The Licensor Software and its Documentation is copyrighted according to law. You must not use the Licensor Software or its Documentation in any manner which can jeopardize or violate its copyright. Unless specifically permitted in terms of this License Agreement, copying, reproducing, changing, modifying and decompiling the software as well as transferring it from a mechanical code, reanalyzing it or creating any deduced works therefrom by processing is strictly prohibited. Nor is it permissible to resell, borrow, assign, transfer or lease the Licensor Software or its Documentation to any person.
5. Intellectual Property Protection
This License Agreement does not give You any intellectual property rights in the Licensor Software or its Documentation.
You agree to treat the Licensor Software and its Documentation as copyrighted material and You must not use them in any manner which can jeopardize or violate the copyrights of the Licensor. You may not copy (except as permitted here above), modify, create a derivative work thereof, reverse compile or reverse engineer, disassemble, decompile or otherwise attempt to extract the source code or internal data of the Licensor Software. You further agree not to remove or in any way obscure any ownership or trademark notices on the Licensor Software or its Documentation.
6. Restrictions on Use
You are expressly prohibited from sublicensing, selling, renting, leasing, transferring, assigning, displaying, hosting, outsourcing, disclosing, distributing or otherwise commercially exploiting the Licensor Software or making any use of such Software or its Documentation in any way that violates any applicable law.
7. Limited Warranty
You expressly understand and agree that the Licensor Software and its Documentation are provided to you under this License Agreement on an "as is" basis and with all its faults and your use of it is at your sole risk. This Licensor Software and its Documentation is not subject to any guarantees. The Licensor Software is provided as general purpose software and not for your particular use
You accept that the Licensor and its suppliers do not represent or warrant that the Licensor Software and its Documentation:
a. will meet your requirements;
b. will be error or defect free: or that
c. Any defects in the operation or functionality of the Licensor Software and its documentation will be corrected.
The Licensor further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights. Any implied warranties that cannot be excluded are limited to 30 days or to the shortest period permitted by THE applicable law, whichever is the greater.
8. User Content on Licensor Website
Licensor do not guarantee the accuracy, integrity or quality of any user submitted content on Licensor's Website. Without limitation, Licensor is not responsible for any postings by users (if available).
By submitting your content to our Internet site you agree to the following:
a. Your content doesn't contain any illegal information (porn, copyrighted materials, harassment, SPAM, etc.), content of anti-state character, content related to racial and national intolerance, and it doesn't break any laws or copyright.
b. Licensor may remove your content from the server at any time without any confirmation.
Uploading of data that break these Terms may result in the immediate termination of the user's ability to use the Service and deletion of all files and accounts related to the data.
9. Limitation of Liability.
Under no circumstance and under no legal theory/institute, whether in tort, contract, or otherwise, will the licensor or its affiliate, suppliers or distributors be liable to you or any third party beneficiary for any direct, indirect, special, incidental, exemplary, punitive or consequential damages, including but not limited to any loss of business, loss of data arising out of the use or the inability to use the Licensor Software and its Documentation, even if they know of the possibility of such damages.
10. Return Policy
A. Customers cannot demand a refund on Software, if the problem is not related to that particular software. We declare the functionality of all Software we sell and a refund is impossible if the customer expects the Software to do something other than its intention. Issues the customer faces can be related to the interaction of the Software with different systems or other software. The company is not responsible for any harmful interactions
B. Our customer support service should be contacted for any troubleshooting. If the customer's system crashes for any reason, it has to be reported to the customer support service before a claim for refund is made. If the support team is not contacted, a refund will NOT be made. This reduces all problems to technical difficulties, which will be researched and solved. The company is not responsible for any help the customer gets from third party technicians. Also, any actions taken by the customer are made at his or her risk.
C. Refund cannot be given because of wrong or improper software settings set. Instructions on correct settings can be requested through software web site or Customer Support Service.
D. If the customer has problems downloading the software, he or she may contact the Customer Support Service who will provide them with an alternative method within 48 hours after the complaint was filed. Declaring a refund is NOT possible without installing and trial usage of the software.
E. The company cannot be held responsible for actions done by the customer when not using our Software.
F. Refunds will not be given for not providing software burned on CD or any other media. There is no charge for CD cost or shipping. The customer can record software downloaded from Internet to CD or any other media for non-commercial purposes.
G. In case Customer Support team cannot resolve technical problem with our software after the Customer's complain and in case all the points above are observed, the company WILL return the money in a period of 7 to 14 business days. The refund will be provided in the same way the customer originally paid.
11. Export Restrictions
You may not export or re-export the Licensor Software in violation of the export laws of the United States, the European Community or the applicable laws of any other jurisdiction. Among other things, U.S. laws provide that the Licensor Software may not be exported or re-exported to certain countries which are embargoed or restricted or to certain restricted persons. You will indemnify and hold us harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney's fees) arising from or relating to any breach by you of your obligations under this section. Your obligations under this section shall survive the expiration or termination of this Agreement.
12. Term and Termination
This License Agreement shall automatically terminate if You fail to comply with its terms without prejudice to the rights of the Licensor to compensation for damages in terms of the applicable law. Immediately upon termination or expiration of this License Agreement, the license granted hereunder shall terminate and You shall immediately return to the Licensor or destroy all copies of the Licensor Software.
13 General Provisions
Any rights not expressly granted under this License Agreement are being reserved. If any part of this License Agreement is found to be void, unenforceable or invalid, that part will be deemed stricken and will not affect the validity of the other License Agreement provisions. Failure by either party to enforce any provision of this License Agreement will not be deemed a waiver of future enforcement of that or any other provision. Sections 6, 7,and 9 shall survive the termination of this License Agreement.