End user agreement for MusicColor
AUTHOR NO-NONSENSE LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY! This License Agreement is a legal
treaty between you ( either an individual or a legal entity) and
Fedtchenko Oleg Igorevich ("Author") for this software product that
includes the computer program MusicColor.exe, associated electronic
documentation and other files ("Software" or "SOFTWARE").
Oleg Igorevich Fedtchenko is an author and a developer of this Software.
Note for residents of Russia: at the moment there is no possibility
for residents of Russia to pay Author in foreign currency and therefore
to use this Software in any manner except for removing it from a
computer you use.
By installing, coping or otherwise using this Software you agree
to be bound to the terms of this License Agreement ( you accept all the
terms of this License Agreement).
If you do not agree to accept all the terms of this License Agreement
you may not install or otherwise use this Software.
Author grants you the right to use this Software, including any
accompanying documentation, in the manner provided below.
This Software is owned by Author and is protected by copyright law and
international copyright treaties. Therefore, you must treat this
Software like any other copyrighted material (e.g., a book), except
that you may make one copy of the Software solely for backup or
This Software is a freeware software.
You may transfer this Software in any manner provided the recipient
agrees to the terms of this License Agreement.
LIMITATIONS OF REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY
You acknowledge that the Software in source code form
remains a confidential trade secret of Author and therefore you agree
not to modify the Software or attempt to decipher, decompile,
disassemble, reverse engineer the Software, except to the extent
applicable laws specifically prohibit such restriction.
Except as provided in this Agreement, you may not sell, rent,
lease, lend, modify, translate, sublicense, time-share the Software,
media or documentation.
If you have purchased an upgrade version of the Software, it
constitutes a single product with the Author software that you
upgraded. You may only use or transfer the upgrade version of the
Software in accordance with its enclosed License Agreement and this one.
ADDITIONAL LICENSE TERMS FOR SOFTWARE
Author grants to you as an individual, a personal, nonexclusive license
to install and use the Software as provided in this License Agreement.
If you are an entity, Author grants you the right to designate one
individual within your organization ("Named User") to have the right
to use the Software in the manner provided in this License Agreement.
You are allowed to reproduce or distribute the Software, its media or
documentation in any manner by any means subject to
all provisions in this Agreement including but not limited to sections
OTHER LIMITATIONS and TRANSFER.
The Software includes certain files ("Author's Redistributables") and
allows to generate certain files ("Generated Redistributables")
intended for distribution by you (collectively "Redistributable
Components"). Redistributable Components are listed in a file
Redist.txt generated when installing the Software or are identified in
the accompanying printed or online documentation as redistributable
In any event, the Redistributable Components for the Software are only
those files specifically designated as such by Author.
All Author's Redistributables remain Author's exclusive property if
they are not modified by anybody after installation of the Software.
You may reproduce or distribute Author's Redistributables subject to
all provisions in this Agreement including but not limited to sections
OTHER LIMITATIONS and TRANSFER except that Author explicitly
grants you a right to modify and distribute Author's Redistributables.
Generated Redistributables are considered by Author to be entirely your
own provided you were who generated them. You may use Generated
Redistributables in any manner including distributing and selling them,
subject to all of the conditions in this Agreement.
The license granted in this Agreement for you to distribute the
Redistributable Components is subject to all of the following
conditions: (i) Author provides no warranty at all to any person, and
you will remain solely responsible to anyone receiving
Redistributable Components for support, service, upgrades, or technical
or other assistance, and such recipients will have no right to contact
Author for such services or assistance; (ii) you will indemnify and
hold Author and his suppliers harmless from and against any claims or
liabilities arising out of the use, reproduction or distribution of
Redistributable Components transfered to someone by you; (iii)
Redistributable Components must be created during installation of or
generated using a licensed copy of the Software; and (iv) you may not
use Author's or any of his suppliers' names, logos, or trademarks to
market Redistributable Components, except to state that Redistributable
Components were created or generated using the Software.
The Software allows to modify certain existing files ("Existing Files")
that have the same type as Redistributable Components do. Existing Files
are considered by Author to be entirely a proprietary of that who
generated them. If Existing Files are modified by you then such
files are considered by Author to be your proprietary if you did
not violate copyright or other rights of that who was an author or
proprietor of those Existing Files.
If you became a proprietor of any of Existing Files in accordance with
legislation and this License Agreement those files are considered
to be Generated Redistributables and subject to all of the conditions in
All other files except for Redistributable Components remain Author's
exclusive property. You may not distribute any files except for
the Software itself, its media, documentation and those files that
Author has expressly designated as Redistributable Components.
Nothing in this License Agreement permits you to derive the source
code of files that Author has provided to you in executable form
only, or to reproduce, modify, use, or distribute the source code of
You may contact Author for technical or other assistance or with your
any comments or any suggestions by e-mail or via Web site specified in
the section AUTHOR ESSENTIAL ELEMENTS, CONTACT.
DISCLAIMER OF WARRANTY
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF
ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, AUTHOR AND ITS SUPPLIERS DISCLAIM ANY
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO
THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
YOU MAY HAVE OTHERS, WHICH VARY FROM
STATE/JURISDICTION TO STATE/JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL AUTHOR OR ITS SUPPLIERS 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 THIS AUTHOR SOFTWARE, EVEN IF AUTHOR
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is not designed, manufactured
or intended for use or resale as on-line control equipment in hazardous
environments requiring fail-safe performance, such as in the operation
of nuclear facilities, aircraft navigation or communication systems,
air traffic control, direct life support machines, or weapons systems,
in which the failure of the Software could lead directly to death,
personal injury, or severe physical or environmental damage
("High Risk Activities"). Author and its suppliers specifically
disclaim any express or implied warranty of fitness for High Risk
AUTHOR ESSENTIAL ELEMENTS, CONTACT
Author of this Software is Oleg Igorevich Fedtchenko.
143000, Russia, Moscow region, Odintsovo-5, Govorova street, 16-100.
firstname.lastname@example.org or see "Contact" page on the Web site.
This Agreement may only be modified in writing signed by you and
Author. If any provision of this Agreement is found void or
unenforceable, the remainder will remain valid and enforceable
according to its terms. If any remedy provided is determined to have
failed for its essential purpose, all limitations of liability and
exclusions of damages set forth in the section DISCLAIMER OF
WARRANTY shall remain in effect.
This Agreement shall be construed, interpreted and governed by the laws
of Russia. This Agreement gives you specific legal rights; you may
have others which vary from country to country. Author reserves all
rights not specifically granted in this Agreement.