End user agreement for Adondo Personal Audio Link
SOFTWARE LICENSE AGREEMENT
"Software" is defined as the Adondo Personal Audio Link computer program with which this Software License Agreement ("Agreement") is included and any updates or maintenance releases thereto. "Trial Software" is defined as a version of the Software that is limited to an evaluation for a specified period of time as determined by Adondo Corporation (“Adondo”). "Software" shall include “Trial Software”. Do not use the Software until you have carefully read the following Agreement. This Agreement sets forth the terms and conditions for licensing of the Software from Adondo to you ("you" or "Licensee"), and installing the Software indicates that you have read and understand this Agreement and accept its terms and conditions. If you are using the Software and do not agree with the terms and conditions of this Agreement, stop using the Software and promptly uninstall it.
If the Software was pre-installed on your computer, CD-ROM disk(s) ("Disk(s)") came packaged with your computer at no extra charge, or you received the Software free of charge, and if you do not agree with this Agreement, do not use the Software. In addition, the use by you of any services or content accessible through or in conjunction with the Software may be subject to your acceptance of separate agreements with Adondo or third parties.
LICENSE AND RESTRICTIONS
A. LICENSE GRANT FOR SOFTWARE
Subject to the terms and conditions of this Agreement, you are granted a limited non-exclusive license to use one (1) copy of the enclosed Software on one (1) computer used by a single household or used by a single person within a business. You may make one (1) backup copy of the Software for your own use. You may transfer your rights to the Software (including by selling the computer on which the Software is installed) to a third party, provided you do not keep a copy of the Software for yourself and you allow the subsequent Licensee to assume your rights as a Licensee of the Software. You may only copy the printed materials or user documentation associated with the Software, if any, for your own personal use.
The Software is owned and copyrighted by Adondo Corporation. Your license confers no title or ownership in the Software and should not be construed as a sale of any right in the Software.
B. LICENSE GRANT FOR TRIAL SOFTWARE
Subject to the terms and conditions of this Agreement, you are granted a limited non-exclusive license to use a copy of the enclosed Trial Software until the expiration date printed on the About tab in the Trial Software.
BY YOUR USE OF THE TRIAL SOFTWARE, YOU UNDERSTAND AND AGREE THAT AFTER THE EXPIRATION DATE, YOU MAY NOT BE ABLE TO CONTINUE TO ACCESS AND/OR USE THE TRIAL SOFTWARE OR ANY DATA YOU HAVE ENTERED INTO SUCH TRIAL SOFTWARE.
You agree not to: (1) make additional copies of the Software except as provided above; (2) enable others to use your registration code(s) or serial numbers (if any); (3) give copies to another person who has not purchased a license for the Software from Adondo; (4) install the Software on computers used by individuals who have not purchased the appropriate licenses for the Software from Adondo; (5) duplicate the Software by any other means including electronic transmission; or (6) copy the printed materials or user documentation accompanying the Software, if any. The Software in its entirety is protected by copyright laws. The Software also contains the trade secrets of Adondo and third parties, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to human-perceivable form or disclose such trade secrets. You may not attempt to modify, adapt, translate, rent, sublicense, assign, loan, resell for profit, distribute, or network the Software, Disk(s), or related materials or create derivative works based upon the Software or any part thereof.
This Agreement may be terminated by Adondo immediately and without notice if you fail to comply with any term or condition of this Agreement. Upon such termination, you must immediately destroy all complete and partial copies of the Software, including all backup copies. Adondo shall have the right to change or add to the terms of this Agreement at any time, and to change, discontinue or impose conditions on any aspect of the Software. Such changes shall be effective upon notification by any means reasonable to give you actual or constructive notice, or upon posting such terms in the Software, and your continued use of the Software will indicate your agreement to any such change.
DISCLAIMER OF WARRANTIES
THE SOFTWARE, DISK(S), RELATED MATERIALS, CONTENT, AND/OR RELATED SERVICES ARE PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADONDO AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS ("REPRESENTATIVES") DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE, DISK(S), RELATED MATERIALS, CONTENT AND ANY SERVICES, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT. ADONDO DOES NOT WARRANT THAT THE SOFTWARE IS SECURE, OR IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS, INCLUDING BUT NOT LIMITED TO ACCURATE OR UPDATED THIRD-PARTY CONTENT, NOR DOES ADONDO WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE THROUGH THE SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOU MUST: (A) PROVIDE YOUR OWN ACCESS TO THE WORLD WIDE WEB AND PAY ANY SERVICE FEES ASSOCIATED WITH SUCH ACCESS, (B) PROVIDE ALL EQUIPMENT NECESSARY FOR YOU TO MAKE SUCH CONNECTION TO THE WORLD WIDE WEB, INCLUDING A COMPUTER AND A MODEM, (C) ESTABLISH YOUR OWN COMPATIBLE VOICE OVER IP (VoIP) COMMUNICATION AND PAY ANY SERVICE FEES ASSOCIATED WITH SUCH COMMUNICATIONS, (D) PROVIDE ALL EQUIPMENT NECESSARY FOR YOU TO MAKE SUCH COMMUNCIATION, AND (D) PROVIDE ALL SOFTWARE AND HARDWARE REQUIRED BY THE ADONDO PRODUCTS AS STATED IN THE USER INFORMATION. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF PURCHASE OF THE LICENSE FOR THE SOFTWARE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY AND DAMAGES
THE ENTIRE LIABILITY OF ADONDO FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE SOFTWARE LICENSED FROM ADONDO OR ITS AUTHORIZED RESELLER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADONDO AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADONDO OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ADONDO AND ITS REPRESENTATIVES' TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227-7202-1 through 227-7202-4 (JUNE 1995), all U.S. Government End Users acquire the Software (or Licensed Product) with only those rights set forth herein. The contractor is Adondo Corporation, 353 West Lancaster Avenue, Suite 120, Wayne PA 19087, USA.
You acknowledge and agree that the Software is subject to restrictions and controls imposed by the Export Administration Act and the Export Administration Regulations ("the Acts"). You agree and certify that neither the Software nor any direct product thereof is being or will be used for any purpose prohibited by the Acts. You agree and certify that you are not a citizen or permanent resident of the following countries: Cuba, Iran, Iraq, North Korea, Libya, Sudan, or Syria.
This Agreement sets forth Adondo's and its Representatives' entire liability and your exclusive remedy with respect to the Software. You acknowledge that this Agreement is a complete statement of the agreement between you and Adondo, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions regarding the Software or any related services. This Agreement does not limit any rights that Adondo may have under trade secret, copyright, patent, trademark or other laws. The Representatives of Adondo are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Adondo, other than in writing signed by an officer of Adondo. Accordingly, such additional statements are not binding on Adondo and you should not rely upon such statements. If any provision of this Agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. No delay or failure on the part of Adondo in the exercise of any right granted under this Agreement, or available at law or in equity, shall be construed as a waiver of such right. The validity and performance of this Agreement shall be governed by Commonwealth of Pennsylvania law (without reference to choice of law principles), except as to copyright and trademark matters, which are covered by federal laws. You agree to submit to the jurisdiction of the federal and Commonwealth of Pennsylvania courts and waive any objection to venue in such courts. This Agreement is deemed entered into in Pennsylvania, and shall be construed as to its fair meaning and not strictly for or against either party.
CONSUMER INFORMATION AND PRIVACY
Adondo, the Adondo Logo, Personal Audio Link and PAL, among others, are trademarks and/or service marks of Adondo Corporation in the United States and other countries.
All other product names, company names, trademarks and service marks are the property of their respective owners and should be treated as such. Some names, company names, and data used in examples and help content are fictitious and are used for illustration purposes only. Any resemblance of fictitious data to a real person or company is purely coincidental.
The Software is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of Adondo Corporation and you will not acquire any rights to the Software except as expressly set forth in this license. You agree that any copies of the Software will contain the same proprietary notices which appear on and in the Software.
Copyright 2004 Adondo Corporation. All rights reserved.
This agreement shall be governed by the laws of the Commonwealth of Pennsylvania excluding the application of its conflicts of law rules and shall inure to the benefit of Adondo Corporation and any successors, administrators, heirs and assigns. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a State or Federal Court of competent jurisdiction located in Pennsylvania. The parties hereby consent to in personam jurisdiction of said courts. 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.
FEATURES, SERVICES, TERMS, AND CONDITIONS
All features, services and any terms and conditions are subject to change without notice. All rights not expressly granted here are reserved to Adondo Corporation.