End user agreement for Fx Audio Tools
J. Hepple, Inc. DBA Fx, Sound & Magic
END-USER LICENSE AGREEMENT FOR FX, SOUND & MAGIC SOFTWARE
IMPORTANT-READ CAREFULLY: This Fx, Sound & Magic End-User License Agreement
("EULA") is a legal agreement between you (either an individual or a single
entity) and J. Hepple, Inc. DBA ("Fx, Sound & Magic") for the Fx, Sound & Magic
software product which includes computer software and may include associated
media, printed materials, and "online" or electronic documentation
(collectively, "SOFTWARE "). By installing, copying, downloading, accessing or
otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA.
If you do not agree to the terms of this EULA, do not install or use the
The SOFTWARE is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. The
SOFTWARE is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following limited, non-
* Installation and Use. Except as otherwise provided herein, you, as an
individual, may install and use copies of the SOFTWARE on an unlimited number of
computers on your premises provided that you are the only individual using the
SOFTWARE. If you are an entity, you may designate one individual within your
organization to have the right to use the SOFTWARE in the manner provided above.
The SOFTWARE is in "use" on a computer when it is loaded into temporary memory
(i.e. RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or other
storage device) of that computer.
* Reserved Rights. Fx, Sound & Magic and its suppliers retain title and
all ownership rights to the SOFTWARE. All rights not expressly granted are
reserved to Fx, Sound & Magic.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Limitations on Reverse Engineering, Decompilation, and Disassembly. You
may not reverse engineer, decompile, or disassemble the SOFTWARE, except and
only to the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation
* Termination. Without prejudice to any other rights, Fx, Sound & Magic
may terminate this EULA if you fail to comply with the terms and conditions of
this EULA. In
such event, you must destroy all copies of the SOFTWARE.
* Transfer. You may permanently transfer all of your rights under this
EULA, provided you retain no copies, you transfer all of the SOFTWARE (including
all component parts, the media and printed materials, any upgrades, this EULA,
and, if applicable, the Certificate of Authenticity) and the recipient agrees to
the terms of this EULA. If the SOFTWARE is an upgrade, any transfer must
include all prior versions of the SOFTWARE.
* Rental. You may not rent, lease, or lend the SOFTWARE.
* Support Services. Fx, Sound & Magic is not obligated to provide
technical or other support ("Support Services") for the SOFTWARE. If Fx, Sound &
Magic should provide you with Support Services, use of such Support Services is
governed by the Fx, Sound & Magic polices and programs described in the user
manual, in "on line" documentation and/or other Fx, Sound & Magic-provided
materials. Any supplemental software code provided to you as part of the
Support Services shall be considered part of the SOFTWARE and subject to the
terms and conditions of this EULA. With respect to technical information you
provide to Fx, Sound & Magic as part of the Support Services, Fx, Sound & Magic
may use such information for its business purposes, including for product
support and development. Fx, Sound & Magic will not utilize such technical
information in a form that personally identifies you.
3. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights
in and to
the SOFTWARE (including but not limited to any images, photographs, animations,
video, audio, music, text and "applets" incorporated into the SOFTWARE), and any
copies you are permitted to make herein are owned by Fx, Sound & Magic or its
suppliers. All title and intellectual property rights in and to the content
which may be accessed through use of the SOFTWARE is the property of the
respective content owner and may be protected by applicable copyright or other
intellectual property laws and treaties. All rights not expressly granted are
reserved by Fx, Sound & Magic.
4. U.S. GOVERNMENT RESTRICTED RIGHTS. All SOFTWARE provided to the U.S.
Government pursuant to solicitations issued on or after December 1, 1995 is
provided with the commercial license rights and restrictions described elsewhere
herein. All SOFTWARE provided to the U.S. Government pursuant to solicitations
issued prior to December 1, 1995
is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14
(JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
If you acquired this SOFTWARE in the United States, this EULA is governed by the
laws of the State of Texas. If this SOFTWARE was acquired outside the United
States, then local law may apply.
Should you have any questions concerning this EULA, or if you desire to contact
Fx, Sound & Magic for any reason, please contact J. Hepple, Inc. DBA Fx, Sound &
Magic, P.O. Box 603,Hewitt, Texas 76643
DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law,
Fx, Sound & Magic and its suppliers provide the SOFTWARE and any (if any)
support services related to the SOFTWARE ("Support Services") AS IS AND WITH ALL
FAULTS, and hereby disclaim all warranties and conditions, either express,
implied or statutory, including, but not limited to, any (if any) implied
warranties or conditions of merchantability, of fitness for a particular
purpose, of lack of viruses, of accuracy or completeness of responses, of
results, and of lack of negligence or lack of workmanlike effort, all with
regard to the SOFTWARE, and the provision of or failure to provide Support
ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET
POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO
THE SOFTWARE. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR
PERFORMANCE OF THE SOFTWARE AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FX, SOUND & MAGIC
OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION,
FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING
OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY
OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR
INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA,
EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY,
BREACH OF CONTRACT OR BREACH OF WARRANTY OF FX, SOUND & MAGIC OR ANY SUPPLIER,
AND EVEN IF FX, SOUND & MAGIC OR ANY SUPPLIER HAS BEEN ADVISED OF THE
POSSIBILITY OF S
LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might
incur for any reason whatsoever (including, without limitation, all damages
referenced above and all direct or general damages), the entire liability of Fx,
Sound & Magic and any of its suppliers under any provision of this EULA and your
exclusive remedy for all of the foregoing shall be limited to the greater of the
amount actually paid by you for the SOFTWARE or U.S.$1.00. If you register a
trial version you are certifying that you have tried the software, are
completely satisfied and that you waive any claims for any refund as stated
above. The foregoing limitations, exclusions and disclaimers shall apply to the
maximum extent permitted by applicable law, even if any remedy fails its
Export control laws:
The export and re-export of J. Hepple, Inc. software products are controlled by
the United States Export Administration Regulations, and such software may not
be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan,
Syria, the Taliban-controlled areas of Afghanistan, or any country to which the
United States embargoes goods. In addition, J. Hepple, Inc. software may not be
distributed to persons on the Table of Denial Orders, the Entity List, or the
List of Specially Designated Nationals.
By downloading any J. Hepple software product you are certifying that you are
not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, the
Taliban-controlled areas of Afghanistan, or any country to which the United
States embargoes goods, and that you are not a person on the Table of Denial
Orders, the Entity List, or the List of Specially Designated Nationals.