End user agreement for Ots CD Scratch 1200 Free
Software license agreement
Ots CD Scratch 1200 Free is copyright (c) 1996-2009 Ots Corporation.
Ots CD Scratch 1200 Deluxe is copyright (c) 1996-2009 Ots Corporation.
IMPORTANT NOTICE - PLEASE READ.
This is a legal agreement (hereinafter the "LICENSE AGREEMENT") between you, the end user (hereinafter the "LICENSEE"), and Ots Corporation for the software products Ots CD Scratch 1200 Free (hereinafter "CD SCRATCH FREE") and Ots CD Scratch 1200 Deluxe (hereinafter "CD SCRATCH DELUXE") of which Ots Corporation is the copyright holder.
By installing, copying, or otherwise using CD SCRATCH FREE or CD SCRATCH DELUXE, you agree to be bound by all of the terms and conditions of the LICENSE AGREEMENT. If you do not accept the terms and conditions of the LICENSE AGREEMENT, you are to promptly delete each and any copy of CD SCRATCH FREE or CD SCRATCH DELUXE from your computer(s).
Upon your acceptance of the terms and conditions of the LICENSE AGREEMENT, Ots Corporation grants you the right to use CD SCRATCH FREE or CD SCRATCH DELUXE in the manner provided below.
All sub clauses of Clause 1 below apply to Ots CD Scratch 1200 Free ONLY.
All sub clauses of Clause 2 below apply to Ots CD Scratch 1200 Deluxe ONLY.
All sub clauses of Clause 3 below apply to Ots CD Scratch 1200 Free and Ots CD Scratch 1200 Deluxe.
1. CD SCRATCH FREE
(a) RESTRICTIONS OF USE - CD SCRATCH FREE.
Under this LICENSE AGREEMENT, CD SCRATCH FREE can only be used by private persons for purposes that do not generate any income and by registered not-for-profit organizations, which are not primarily funded with proceeds from any kind of taxes imposed by a government on its people. Ots Corporation also makes available Ots CD Scratch 1200 Deluxe, which can be licensed by all persons and entities, allowing commercial use at a fee. Ots CD Scratch 1200 Deluxe includes all functionality of Ots CD Scratch 1200 Free.
(b) COPY AND DISTRIBUTION.
You may make exact copies of the setup file containing CD SCRATCH FREE and documentation and distribute the unmodified copy via electronic file transfer. There is no charge for making or distributing copies in this manner. You are specifically prohibited, however, without Ots Corporation prior written permission, from charging, or requesting donations, however made, for any copies you make or distribute, from distributing copies with other products (commercial or otherwise) and from distributing copies on CD-ROM or any other media, or otherwise distributing copies by other than electronic means. For distribution enquiries please contact Ots Labs here: http://www.OtsLabs.com/contact.html
You may not distribute CD SCRATCH FREE as part of a larger package, unless that package is a collection of free software.
You must not charge any money for CD SCRATCH FREE itself or the act of copying CD SCRATCH FREE. You may ask a reasonable fee for material and/or communication costs.
(c) TECHNICAL SUPPORT.
Ots Corporation makes available CD SCRATCH FREE WebHelp, found at http://www.cdscratch.com/doc/, and the CD SCRATCH FREE compiled HTML help file, provided with the installation file, for the purpose of technical and instructional support.
No payment is required for the use of CD SCRATCH FREE under this LICENSE AGREEMENT.
2. CD SCRATCH DELUXE
(a) RESTRICTIONS ON USE - CD SCRATCH DELUXE.
Licensee is permitted to reinstall CD SCRATCH DELUXE on a new operating system or computer, or fresh reinstallation of current operating system, providing; a) CD SCRATCH DELUXE is uninstalled and removed from current operating system before installing on new operating system, b) the number of concurrent installations never exceeds the quantity stipulated in product license, c) the number of installation changes is considered reasonable by Ots Corporation (e.g. regularly changing installation back-and-forth between two computers is not reasonable or acceptable - two licenses should be purchased in this case). Ots Corporation may refuse granting machine licenses if an unreasonable amount of installation changes are conducted, and may revoke your license permanently. Licensee may not execute more concurrent instances of CD SCRATCH DELUXE on any operating system(s) than the quantity in the product license stipulates. Licensee may not electronically transfer CD SCRATCH DELUXE to multiple computers over a network system. Licensee may not distribute copies of CD SCRATCH DELUXE or accompanying materials to others.
In the case of the demonstration version of CD SCRATCH DELUXE, you are permitted to use it for up to 30 days after which you will be required to either buy a license, or continue using CD SCRATCH FREE as per the terms of the CD SCRATCH FREE license. (Note: Failure to abide by these conditions may result in fines of US$5000 or greater).
(b) TRANSFER RESTRICTIONS.
LICENSEE shall not assign, rent, lease, sell, sublicense, or otherwise transfer CD SCRATCH DELUXE to another party without prior written consent of Ots Corporation. Any party authorized by Ots Corporation to receive CD SCRATCH DELUXE must agree to be bound by the terms and conditions of this Agreement.
(c) REVOCATION OF LICENSE.
Ots Corporation may, at its discretion, revoke your license to use CD SCRATCH DELUXE if it has information indicating a breach of this agreement. This includes, but is not limited to, installing CD SCRATCH DELUXE on more computers than your license allows.
LICENSEE may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on CD SCRATCH FREE or CD SCRATCH DELUXE or its accompanying printed or written materials. You must not run CD SCRATCH FREE or CD SCRATCH DELUXE under a debugger or similar tool allowing you to inspect the inner workings of CD SCRATCH FREE or CD SCRATCH DELUXE.
CD SCRATCH FREE or CD SCRATCH DELUXE and the accompanying printed or written materials are copyrighted. Unauthorized copying of CD SCRATCH FREE or CD SCRATCH DELUXE, including those instances where CD SCRATCH FREE or CD SCRATCH DELUXE has been modified, merged, or included with other software, or of the printed or written materials, for any reason, is expressly forbidden.
4. DISCLAIMER AND LIMITATION OF LIABILITY.
(a) To the extent permitted by law, OTS CORPORATION's liability for breach of any implied warranty or condition, which cannot be excluded by this Agreement, is limited, at its option, to one or more of the following:
(i) replacement of CD SCRATCH; or
(ii) the repair of CD SCRATCH.
(b) OTS CORPORATION relies on the END USER's continued observance of this Agreement.
If OTS CORPORATION suffers loss or damage or incurs any costs associated with the END USER's breach of any of the terms of this Agreement or any associated legal obligation, the END USER agrees to indemnify OTS CORPORATION for those losses, damages and costs.
(c) OTS CORPORATION, its employees, agents and contractors disclaim any and all liability and responsibility to any person, whether a user of CD SCRATCH or not, in respect of anything (including, without limitation, any error in or omission from CD SCRATCH) and of the consequences of any actions taken or omitted to be taken in reliance, whether wholly or partially, upon all or any part of the content, recommendations or help contained in CD SCRATCH.
(d) OTS CORPORATION disclaims any and all liability for any corruption of data, inability to access data, breach of privacy, downtime as a result of or arising from the use of any on-line link between the END USER's System and CD SCRATCH.
The END USER expressly acknowledges that OTS CORPORATION does not exert control over the END USER's use of CD SCRATCH and will at all times indemnify and keep indemnified OTS CORPORATION from and against all loss, damage, cost, charge, expense (whether in contract or in tort including and without limitation, negligence) suffered by OTS CORPORATION either directly or indirectly, as a result of:
(i) the END USER's use of CD SCRATCH;
(ii) any breach of END USER's obligations under this Agreement; and
(iii) any claims arising from the information, data, text or messages transmitted using CD SCRATCH, including but not limited to, claims for defamation, invasion of privacy, infringement of Intellectual Property Rights or breach of any other applicable laws, regulations or codes.
Governing Law. This license agreement and Limited Warranty are governed by the laws of the State of Queensland, Australia. The courts of Queensland are to be the sole courts having jurisdiction to resolve any disputes.