End user agreement for Drumsite
PLEASE READ THIS AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE UPGRADING, COPYING, INSTALLING, OR USING SOFTWARE FROM AEON GROUP spol. s r.o. (“AEON GROUP ”).
WHEREAS, AEON GROUP is a vendor of software products, and
WHEREAS, the individual or entity using this product (“User”) desires to obtain the rights to use this product,
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for good and valuable consideration, AEON GROUP and User agree that the foregoing recitals are true and correct, and agree as follows.
1. The Software
Computer software products owned by AEON GROUP, and computer software products owned by suppliers of AEON GROUP, distributed by AEON GROUP under agreement with the owners of such software, which software products have been offered by AEON GROUP as shareware, i.e. available for use without payment of licensing fees for the purpose of EVALUATION.
THIS SOFTWARE IS NOT SPYWARE OR ADWARE. IT WILL NOT WATCH HOW YOU USE YOUR COMPUTER. IT WILL NOT DELIVER POP-UP ADS. IT WILL NOT COLLECT ANY INFORMATION ABOUT YOU OR YOUR COMPUTER.
2. Media Fees
Such fees as may be charged by AEON GROUP to User, or by User to third parties, to compensate for the cost of the media used to transfer the Software.
The right for User to use the Software pursuant to the terms and conditions defined herein. The absence of a license fee shall in no way be an indication of a willingness or desire on the part of AEON GROUP to place the Software in the public domain. AEON GROUP intends to retain, and does retain, all intellectual property and ownership rights in the Software.
4. Shrinkwrap Agreement
The unsigned agreement distributed with the Software defining the standard terms and conditions under which the Software is distributed and license granted.
II. Acceptance Of Terms
1. This agreement shall be accepted by User upon User’s performance of any of the following acts:
1. Installation, copying, or use of the Software on one or more of User’s computers;
2. Distribution of the Software to any party other than AEON GROUP ;
3. Retention of installable version of the Software for more than thirty (30) days; or
4. Any other act not consistent with non-acceptance of the terms and conditions recited herein.
2. If User does not accept the terms and conditions recited herein, User shall delete, return, and/or discard any files, data, or materials associated with the Software.
3. If User has a License Agreement executed by an authorized representative of AEON GROUP (and “Executed Agreement”) containing one or more terms and conditions which are inconsistent with the terms and conditions contained in the shrinkwrap license, then to the extent necessary, the terms and conditions of the Executed Agreement shall supersede those of the shrinkwrap license.
III. Scope of Use
(a) TRIAL USE IN YOUR OWN COMPUTER
1. YOU MAY: use the Evaluation Software for evaluation
purposes in your own computer, for a period not to exceed
thirty (30) days after your first installation or use of the
Evaluation Software. You may not re-install or additionally
install the Evaluation Software for additional evaluation
2. Not "Free Software". This Evaluation Software is
not "free software", but a software copy with limited
license rights, as set forth in this Agreement.
3. Temporary Evaluation Use Only. You may use this
Evaluation Software without charge for a limited time only,
and solely to decide whether to purchase a paid license for
the software from AEON GROUP. If you wish to use the
Evaluation Software after the thirty (30) day evaluation
period, then you must purchase a Full Use license for the
software from AEON GROUP. You can visit AEON GROUP`s web site at
www.guitar.sk, for further information.
4. NO CONTINUED USE WITHOUT REGISTRATION.
Unregistered use of the Evaluation Software after the thirty
(30) day trial period is an infringement of AEON GROUP`s legal
and equitable rights, including but not limited to copyright
and trade secret rights, under U.S. and international laws.
(b) LIMITED DISTRIBUTION LICENSE
1. IF YOU ARE AN INDIVIDUAL, YOU MAY: distribute
copies of the Evaluation Software to your friends or
associates, provided that you charge no fees nor request any
donations for this service, and that you convey only a
complete and unaltered copy of the original Evaluation
Software files, in the exact form that they were downloaded
2. ALL OTHER DISTRIBUTION is allowed only under the
terms set forth by AEON GROUP, if any at the
www.guitar.sk web site. AEON GROUP may, at its
sole discretion, append a data record (such as VENDINFO or
PAD) to the distribution files for the Evaluation Software,
in which event such data record shall be automatically
incorporated by reference. Any distribution satisfying all
of the distribution requirements expressed at the web site
or in that data record, if any, is hereby authorized; all
other distribution requires AEON GROUP`s advance written
3. Each individual, and each vendor, wishing to
distribute the Evaluation Software package must
independently satisfy all terms of the limited distribution
4. You may make as many copies of this Evaluation
Software as you need, for purposes of the limited
distribution permitted in this Agreement.
5. AEON GROUP RESERVES THE RIGHT TO RETRACT OR CHANGE
ANY OR ALL OF THE ABOVE DISTRIBUTION RIGHTS AT ANY TIME, FOR
ANY OR NO REASON.
(c) YOU MAY NOT:
1. permit others to use the Evaluation Software
unless they are properly licensed by AEON GROUP, either under
this Agreement or another agreement from AEON GROUP;
2. modify, translate, reverse engineer, decompile,
disassemble, or create derivative works based on, the
3. copy the Evaluation Software except as expressly
4. distribute the Evaluation Software, bundle it
with other products, rent, lease, sell, grant a security
interest in, or otherwise transfer rights to, or possession
of, the Evaluation Software or any copy thereof, except as
may be expressly provided in this Agreement;
5. remove or alter any proprietary notices, labels
or legends on any copy of the Evaluation Software; or
6. ship or transmit (directly or indirectly) any
copies of the Evaluation Software or their media, or any
direct product thereof, to any country or destination
prohibited by the United States Government.
(d) RESERVATION OF RIGHTS. All rights and licenses not
expressly granted by AEON GROUP in this Agreement are entirely
and exclusively reserved to AEON GROUP.
IV. TERM AND TERMINATION
The terms and conditions of this Agreement shall remain effective until this Agreement is terminated. Termination may be affected as follows:
User may terminate this Agreement at any time by destroying all copies of the Software, as indicated below.
Upon termination of this Agreement, User shall return, delete, or destroy all copies of the Software, or any portion of the Software, remaining in User’s possession or under User’s control, including all distribution media containing distributable copies of all or any portion of the software.
V. OWNERSHIP AND CONFIDENTIAL INFORMATION
AEON GROUP or its licensors own the Software under copyright, trade secret and all other laws that may apply. The source code of the Software and all information regarding the design, structure or internal operation of the Software are valuable trade secrets of AEON GROUP or third parties with which AEON GROUP has licensing arrangements ("Confidential Information"), provided however, that "Confidential Information" shall not include information which otherwise would be Confidential Information to the extent that such information was publicly known or otherwise known to User previously to the time of disclosure, which subsequently became known through no act or omission by User, or which otherwise became known to User other than through disclosure by AEON GROUP without violation of any party's obligations to AEON GROUP. User shall not sell, transfer, publish, disclose, display or otherwise permit access to any Confidential Information by any third party, nor use any of the Confidential Information, except strictly as part of the Softw