End user agreement for mTrax
END-USER LICENSE AGREEMENT FOR mTrax Music Trainer
IMPORTANT - READ CAREFULLY
This license statement and limited warranty constitutes a legal agreement ("License Agreement") between you (either as an individual or a single entity) and TerraSofta ("www.TerraSofta.com") for the software product named "mTrax" ("Software Product"), including any software, media, and related on-line, printed or electronic documentation.
By installing, copying, or otherwise using the Software Product, you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, do not install, copy, or use the Software Product.
This license agreement shall supersede any verbal, or prior verbal or written, statement or agreement to the contrary.
The Software Product is proprietary to TerraSofta. The Software Product is licensed, not sold, to you notwithstanding any reference herein to "purchases." You acknowledge and agree that: (a) the Product is protected under copyright laws and international copyright treaty; (b) TerraSofta retains all copyrights and other intellectual property rights in the Software Product; (c) there are no implied licenses under this License, and any rights not expressly granted to you hereunder are reserved by TerraSofta; (d) you acquire no ownership or other interest (other than your license rights) in or to the Software Product; and (e) TerraSofta owns all copies of the Software Product, however made. You agree that you will not, at any time, contest anywhere in the world TerraSofta's ownership of the Software Product, nor will you challenge the validity of TerraSofta's rights in the Software Product.
2. NO WARRANTLY
This Software Product and/or related documentation and files are provided on an "as is" basis, without any representation or warranty of any kind, either express or implied, including without limitation any representations or endorsements regarding the use of, the results of, or performance of the Software Product, its appropriateness, accuracy, reliability, or correctness. The entire risk as to the use of the Software Product is assumed by you.
TerraSofta and/or any developer of the Software Product do not assume liability for the use, installation and distribution of the Software Product: in no event shall TerraSofta and/or developers of the Software Product be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software Product, even if TerraSofta has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In this case TerraSofta will only be liable for the amount of money you spent for the Software Product in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of ownership from the customer back to TerraSofta.
Upon your acceptance of the terms and conditions of the License Agreement, TerraSofta grants you the right to use the Software Product in the manner provided below.
The Software Product is available as an "evaluation version" which includes two states: "Trial" and "Registered" editions.
You may distribute the evaluation version of the Software Product that is available for public download at http://www.terrasofta.com.com at the moment that you do distribute it, on the condition that you do this by making identical copies of the downloaded file(s). Public download means any file that can be downloaded by browsing to http://www.terrasofta.com.com and navigating through the links visible on the page, without the use of any password that you may type in or that may be automatically supplied by your browser if you have typed it in before. You must not ask payment for the act of distributing the evaluation version of the Software Product or for the evaluation version itself. You may ask a reasonable contribution to cover your expenses in material, shipping and communication costs. You must make it clear to the recipient that you are sending an evaluation version and that the recipient will have to accept a license agreement in order to evaluate it, and make payment in order to use one of the Registered editions of the Software Product. You must not distribute the evaluation version by making it part of a larger package, unless that package is a collection of evaluation software and other software that does not require payment.
The "Registered" editions are only available if you have acquired a registered license as stated below.
3.1. "Trial" edition
In order to evaluate all of the features of the Software Product, you may use the "Trial" edition on a temporary basis for trial, evaluation, non-commercial purposes only (the "Evaluation Period"): the Software Product is fully functional and it works in a real evaluation state called "Trial" edition.
The Evaluation Period is limited to the greater of the period of time specified to you by TerraSofta or thirty (30) days from the date the "Trial" edition is tested for the first time. At the end of the Evaluation Period your license to use the "Trial" edition expires. During the Evaluation Period, TerraSofta grants you the personal, nonexclusive, nontransferable and limited license to use the Software Product solely for evaluation purposes. The Software Product does NOT contain a time-out feature that disables its operation after the expiration of the Evaluation Period; nevertheless you agree to cease using the "Trial" edition after the expiration of the Evaluation Period.
In order to use all the features of the Software Product after the Evaluation Period, you must obtain from TerraSofta, or its authorized distributors or resellers a registered license to use the Software Product in the "Registered" edition, in accordance with the terms and conditions of this License Agreement.
You may not use the Software Product in the "Trial" edition state for any commercial, business, governmental or institutional purpose of any kind. At the end of the Evaluation Period, further use of the "Trial" edition by you is prohibited without the purchase of a registered license. If you do not purchase a registered license for the Software Product at the end of the Evaluation Period, you may permanently remove or delete the Software Product from computer systems, including Servers and workstations, on which it was installed and destroy any software and documentation received. If you desire to continue to use the Software Product in a "Registered" edition following the Evaluation Period, you should contact TerraSofta or an authorized distributor or reseller to order registered licenses to use the Software Product.
3.2. Registered License - "Registered editions"
When the Software Product does not work in the "Trial" editions (as defined above), it works in a "Registered mode" called "Registered edition", i.e. all of the limitations of the "Trial" edition are therefore removed. Only a registered license is allowed to make the Software Product work in a Registered mode.
The following terms of this section are applicable to you only if you have acquired a registered license for one of the Registered editions of the Software Product (Personal or Commercial), directly from TerraSofta or an authorized distributor or reseller.
For each registered license that you acquire to use the Software Product, you will be provided with a registration notice (a "Registration Notice"), which may be either a certificate, the installation and licensing instructions, or a binary file and which may be provided to you by TerraSofta or its authorized distributors or resellers.
The Registration Notice will contain information specific to the Registered edition of the Software Product that you have licensed (Personal or Commercial), the identity of the Named User, and the number of registered licenses that you have acquired.
You must follow the instructions of the Registration Notice to turn the Software Product from the evaluation version into one (1) of the Registered editions of the Software Product, the one you acquired a registered license for; the Software Product will then work in a Registered mode ("Registered Software Product") as described above.
Subject to the terms and conditions of this License, TerraSofta grants to you, if you are an individual, or, if you are an entity, one (1) designated person in your organization ("Named User") a personal, nonexclusive, nontransferable and limited license to use the Registered Software Product solely for your own internal purposes. You may purchase from TerraSofta or an authorized distributor or reseller additional licenses to permit multiple Named Users to use the Registered Software Product (each, a "Named User License"). The foregoing Named User Licenses shall be for access and use, only by the equivalent number of Named Users for whom you have paid the applicable license fees and obtained a registered license. The Registered Software Product may be used exclusively by the specifically designated Named Users, subject to all the terms and conditions of this License Agreement. You agree that you will not designate more Named Users than the number of Named User Licenses that TerraSofta or an authorized distributor or reseller has expressly granted to you and you will not allow the Registered Software Product to be used by any individuals other than the Named Users designated by you from time to time. You may install the Registered Software Product on a reasonable number of machines provided that the Named User is the only individual permitted to use the Registered Software Product.
You have no right to distribute, share, duplicate, nor publish the Registration Notice except for backup purposes only; subject to the other terms and conditions of this License, you may make a reasonable number of copies of the Registered Software Product to backup devices such as hard disks, optical media, or tape and one (1) physical CD media backup copy of the Registered Software Product solely to replace the original copy provided to you if the original copy is damaged or destroyed. All rights not specifically granted to you herein are retained by TerraSofta.
3.3. Temporary/Definitive Licenses
To protect the Software Product against software piracy, for each registered license that you acquire to use the Software Product, you MAY be provided with a Temporary Registration Notice by TerraSofta or its authorized distributors or resellers. In this case, the Software Product will remain fully functional while using this Temporary Registration Notice during a specified delay. After the expiration of this delay, the Software Product will automatically revert back to the "Trial" edition and you are not authorized to use the Registered edition unless you obtain the Definitive Registration Notice.
Instructions for getting the Definitive Registration Notice will always be specified in the Temporary Registration Notice, thus you may obtain and install the Definitive Registration Notice BEFORE the expiration of the delay.
Contrary to a Temporary Registration Notice, the Definitive Registration Notice does not expire.
Registration Notices do not use some kind of "hardware-locking" mechanism, so you may install the Registered edition on one or more computers if and only if you comply with the terms and conditions defined above.
You acknowledge that there are technological measures in this Software Product that are designed to prevent unlicensed or illegal use of the Software Product. You agree that TerraSofta may use those measures and you agree to follow any requirements regarding such technological measures.
You may not: (a) modify, adapt, alter, translate, or create derivative works of the Software Product or merge the Software Product with other software other than as described in the Software Product's accompanying documentation or as approved of in writing by TerraSofta; (b) lease, rent or loan the Software Product to any third party; (c) sublicense, distribute or otherwise transfer the Software Product or any component thereof to any third party except as expressly authorized in this Agreement; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software Product; (e) remove, alter, or obscure any confidentiality or proprietary notices (including copyright and trademark notices) of TerraSofta or its suppliers on the Software Product; (f) attempt to unlock or bypass any copy protection or authentication algorithm utilized by the Software Product (g) allow third parties to access or use the Software Product such as in a time-sharing arrangement or operate the Software Product as part of a service bureau or for the use or benefit of third parties; (h) reproduce or use the Software Product except as expressly authorized under the Section named "Licenses"; or (i) disclose or publish performance benchmark results for the Software Product.
5. SERVICES, UPDATES
TerraSofta is not required under this License to provide any installation, training or other services to you. If, pursuant to a separate support agreement or otherwise, TerraSofta provides you with a new release, error correction, update, upgrade or other modification to the Software Product, such modification will be deemed part of the Software Product, and subject to the terms of this License, unless the modification is expressly provided subject to a separate license agreement. TerraSofta reserves the right at any time not to release or to discontinue release of any Software Product and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of any future releases of the Software Product.
During the lifetime of the Software Product, TerraSofta will provide basic technical support in response to email requests or via the forum at http://www.terrasofta.com.com/forum. E-mail support requests must be sent to the addresses specified in the documentation of the Software Product. Licensed Users of a "Registered" edition have priority for technical support over other users. TerraSofta is not responsible for your failure to receive response to your support inquiry, based upon your use of junk mail controls and filters.
Without prejudice to any other rights, TerraSofta may terminate this License Agreement if you fail to comply with the terms and conditions of this License Agreement. In such event, all rights granted under this License Agreement will immediately terminate and you must stop all use of the Software Product and any Redistributables; (b) you must destroy all copies of the Software Product provided to or made by you, including all component parts; and (c) all provisions of this License Agreement with the exception of the licenses granted in sections 3 and 4, will survive termination of this License Agreement for any reason.
This License Agreement constitutes the entire, final and exclusive agreement between you and TerraSofta regarding the specific license transaction described herein. If any provision of this License is held to be illegal, invalid or unenforceable for any reason, then such provision will be enforced to the maximum extent permissible and the remainder of the provisions of this License Agreement will remain in full force and effect.
If you have any questions about this License Agreement, please contact
Copyright © TerraSofta 2011. All rights reserved.