End user agreement for Elite Mix :: Mixing Solution
End-User License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE PRESSING THE "AGREE" BUTTON BELOW. BY PRESSING "AGREE," YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PRESS "DISAGREE" AND (IF APPLICABLE) RETURN THE TS SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND.
Definitions and Terms:
TriceraSoft, the manufacturer of this product, will from herein be referred to as "TS" and its software as "TS Software".
The software and documentation accompanying this License whether on disk, in read only memory, on any other media or in any other form The Software are licensed to you by TS. You own the media on which the TS Software is recorded but TS and/or TS's licensor(s) retain title to the TS Software. The TS Software in this package and any copies which this License authorizes you to make are subject to this License.
2. Permitted Uses and Restrictions.
This License allows you to install and use the TS Software on a single computer at a time. This License does not allow the TS Software to exist on more than one computer at a time. You may make one copy of the TS Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the TS Software in whole or part or transmit the TS Software over a network. You may, however, transfer your rights under this License provided you transfer the related documentation, this License and a copy of the TS Software to a party who agrees to accept the terms of this License and destroy any other copies of the TS Software in your possession. Your rights under this License will terminate automatically without notice from TS if you fail to comply with any term(s) of this License.
3. Limited Warranty on Media (if applicable).
TS warrants the media on which the TS Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this paragraph shall be, at TS’s option, a refund of the purchase price of the product containing the TS Software or replacement of the TS Software which is returned to TS or an TS authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. TS SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
4. Disclaimer of Warranty on TS Software.
You expressly acknowledge and agree that use of the TS Software is at your sole risk. The TS Software is provided "AS IS" and without warranty of any kind and TS and TS's licensor(s) (for the purposes of provisions 4 and 5, TS and TS's licensor(s) shall be collectively referred to as "TS") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. TS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE TS SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE TS SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE TS SOFTWARE WILL BE CORRECTED. FURTHERMORE, TS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE TS SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TS OR A TS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE TS SOFTWARE PROVE DEFECTIVE, YOU (AND NOT TS OR A TS AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING TS PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY TS’S NEGLIGENCE.
TS Software references sites and information located worldwide throughout the Internet. Because TS has no control over such sites and information, TS makes no guarantees as to such sites and information, including: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether a TS content through The Software may locate unintended or objectionable content. Because some of the content on the Internet consists of material that is adult-oriented or otherwise objectionable to some people or viewers under the age of 18, any URL using The Software may unintentionally reference objectionable material. By using The Software, you acknowledge that TS makes no representations or warranties with regard to the appropriateness of the content viewed through The Software. TS does not guarantee the sequence, accuracy, completeness or timeliness of the content played though The Software. TS, its officers, affiliates and subsidiaries shall not, directly or indirectly, be liable, in any way, to you or any other person for the content you receive using The Software or for any inaccuracies, errors in or omissions from the content.
5. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL TS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall TS's total liability to you for all damages exceed the amount of twenty dollars ($20.00).
6. Controlling Law and Severability.
This License shall be governed by the laws of Canada and the Province of Ontario. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
7. Complete Agreement.
This License constitutes the entire agreement between the parties with respect to the use of the TS Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by TS.