End user agreement for ALSong
END USER LICENSE AGREEMENT
By installing or using the ESTsoft (the “Company”) product ALSong (the “Software”) you indicate your agreement to the terms of this End User License Agreement (the “Agreement”). If you do not agree to the terms herein, you are not authorized to copy or use the Software. The Software, all images, photographs, icons and text incorporated in the Software, are owned by the Company or its third party suppliers (“Third Party Supplier”) and are protected by United States copyright laws and international treaty provisions. Except to the extent expressly licensed herein, all rights are reserved to the Company and its Third Party Suppliers. You may not reverse engineer, decompile or disassemble the Software.
ATTENTION: USE OF THE SOFTWARE IS SUBJECT TO THE TERMS SET FORTH BELOW. USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS YOU ARE NOT AUTHORIZED TO USE THIS SOFTWARE.
The Company grants you a non-exclusive, royalty-free, worldwide right and license to use the executable version of the Software, where “use” in this Agreement means storing, loading, installing or executing the Software. You may not modify the Software or disable any licensing or control features of the Software. You agree that you may not copy the written materials accompanying the Software. You may copy the software for archival purposes so long as the copy is unmodified from the original distribution and the copy retains all of the original Software’s proprietary notices. You may not redistribute this software except as provided herein. You may not rent or lease your rights to the Software or documentation.
If you are an individual and this Agreement is for a single license, you may install the Software on multiple computers provided that not more than one of those computers is in use simultaneously and that those computers are solely for your own use. If the Software license you have is for a single user license then the Software may be installed on a computer that is for multiple users but it may not be installed on more than one computer regardless of whether those computers are operated simultaneously or not. If this Agreement is for a multi-user (site) license, the number of computers on which the Software is installed may not exceed the number of licenses purchased, regardless of whether the computer is used by multiple users or not. You may use this software in a networked environment on computers other than the computer on which the software is installed provided that you have purchased licenses for each computer that will use the software, regardless of whether those computers will use the software at the same time or not.
You shall not use the Software in any manner that could damage, disable, overburden or impair any features or services provided through the Software.
All right, title and interest in and to the Software is owned and copyrighted by the Company or its Third Party Suppliers. Your license confers neither title to nor ownership in the Software and is not a sale of any rights in the Company. Company Third Party Suppliers may protect their rights in the event of any violation of this License Agreement as if such Third Party Suppliers were parties to this License Agreement. No license is given to you under any patent or patent application of the Company.
COPIES, ADAPTATIONS AND DISTRIBUTION
Other than as provided in the License Grant section of this agreement and herein below, you may only make copies or adaptations of the Software for archival purposes or when copying or adaptation is an essential step in the authorized use of the Software. You must reproduce all copyright notices in the original Software on all copies or adaptations. Except as provided in the Assignment and Non-assignment section of this Agreement you may not distribute a license key, license code, serial code or other licensing device for the Software to any third party unless you obtain written permission from the Company.
You may freely redistribute the Software provided that you do not charge a fee, whether for distribution or the media containing the Software, except as permitted herein.
ISPs, technology publications, non-profit organizations, charities or charitable organizations, and educational organizations such as schools or universities may distribute the Software for free to home users, volunteers, or students for non-commercial private use provided that they do not charge a fee for the Software, but may charge reasonable handling and duplication fees provided that the recipient is explicitly made aware that they are not being charged for the Software and that the token fee associated is exclusively to cover handling and duplication fees. If the Software is included as part of a distribution package for which a fee is being charged, you may include the Software provided that you do not levy charges for the distribution package beyond reasonable additional handling and duplication fees and that the recipient is explicitly made aware that they are not being charged for the Software.
If the Software is distributed as a part of another package or software bundle or in association with services for which a fee is being levied, Company permission must first be obtained.
In all cases where this Software is distributed, it must remain complete and unchanged in its original ZIP or EXE package with all messages intact. You may rename the distributable ZIP or EXE file for management purposes provided that the Software name and version number remain clear in the new file name.
You may create a translated adaptation of the Software and its accompanying documentation (“Documentation”) into another human language. If you submit a translation of all or any of the Software or Documentation, you agree that the translation and its copyright are the exclusive property of the Company. You also agree that compensation or non-compensation for your translation submission of the Software or Documentation is solely at the discretion of the Company.
NO DISASSEMBLY, RECOMPILATION OR DECRYPTION
You may not disassemble or decompile the Software unless the Company’s prior written consent is obtained. In some jurisdictions, Company consent may not be required for limited disassembly or decompilation. Upon request, you will provide the Company with reasonably detailed information regarding any disassembly or decompilation. You may not decrypt the Software unless decryption is an essential step in the authorized use of the Software.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
NO LIABILITY FOR DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS THIRD PARTY SUPPLIERS SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THIS SOFTWARE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. FURTHERMORE, THE COMPANY’S LIABILITY FOR DIRECT DAMAGES SHALL NOT EXCEED THE LICENSE FEE, IF ANY, PAID BY YOU DIRECTLY TO THE COMPANY FOR USE OF THE PRODUCT OR ANY LICENSE FEE RECEIVED BY THE COMPANY FOR THE USE OF THE PRODUCT IF PURCHASED THROUGH AN AUTHORIZED THIRD PARTY.
YOUR EXCLUSIVE REMEDY SHALL BE, AT COMPANY OPTION, REPAIR OR REPLACEMENT OF THE SOFTWARE OR REFUND OF PART OR ALL OF THE LICENSE FEE, IF ANY, PAID BY YOU FOR THE SOFTWARE.
This Software is intended for use with media, files, and content for which you have sufficient rights to, authority for, or ownership of. It is your responsibility to ascertain whether copyrights, patents, or other licenses are needed for the content that you use in conjunction with the Software. You agree to hold harmless, indemnify and defend the Company, their officers, directors, employees and Third Party Suppliers against any loss, damage, fine, or expense (including attorney’s fees) arising out of or related to any claim that you have used this Software in violation of applicable laws in your jurisdiction. It is your responsibility to abide by the laws of whichever jurisdiction you reside in.
THIRD PARTY BENEFICIARIES
Candeo is hereby explicitly named as a Third Party Supplier to the Company for the Software and as such is a third party beneficiary (“Third Party Beneficiary”) to this Agreement. As a Third Party Beneficiary to this Agreement, Candeo is entitled to directly enforce, in its own name, the rights and obligations undertaken by end users and to seek all legal and equitable remedies as are afforded to the Company. Candeo powers search query results from the Software.
DATA COLLECTION AND USAGE
No third party software is installed with the Software. As part of the Software, additional software components (“Software Components”) authored by the Company may be incorporated into the Software or installed alongside the Software for the purpose of Software maintenance, updates and aggregate usage statistics. The Software Components installed may include ALUpdate and ESTsoft Error Reporting Tool. Through ALUpdate and ESTsoft Error Reporting Tool, the Company does not collect, use, or disclose any personally identifiable information.
The Company may collect information relevant to Software usage through ALUpdate including IP address, a non-personally identifying unique ID, operating system information, reporting date, and ALTools information. ALTools information includes ALTools product names, versions, subversions, locales, and run counts. ALUpdate will not automatically update the Software without your explicit consent, but may display update notifications for you to download and install updates for the Software as they become available. ALUpdate may perform self-maintenance in order to update all or part of itself for the sole purpose of maintaining a high quality of service and maintaining internal compatibility with itself for installed ALTools applications.
ESTsoft Error Reporting Tool requires user action and explicit consent to report Software errors to the Company. Information transmitted by ESTsoft Error Reporting Tool may include the Software name, Software version, stack dump, loaded modules, crash address, operating system information and a non-personally identifying unique ID.
All information collected by the Company is aggregated then deleted. The Company may disclose aggregate information at its sole discretion.
During your use of the Software you may at your sole discretion choose to register for a user account with the Company to enable certain features of the Software. Your user account is governed by the terms of service at the Company web site where you obtain your user account, and account information is provided by you purely on a voluntary basis. The Company only requires minimal information from you to create your user account, which includes a valid email address, but you may provide additional information to the Company at your sole discretion. Your email address is used to verify your account, and is also used to send you news and update information about the Company and Company products, including the Software and ALTools. You may choose at any time to change your account settings to receive or not receive these notifications. Please refer to the Company web site for more information at http://www.altools.com.
Your user account provides you with access to additional features of the Software. During your use of the additional features of the Software, you may enter personal or sensitive data. This data is securely encrypted so that only you can access it with your password, transmitted over SSL and stored in encrypted form on Company servers for you to access from any Internet connected PC with the Software installed on it when you login to the Software through your user account with your correct ID and password. Secure data cannot be retrieved without your correct ID and password, so the Company cannot access your encrypted data and cannot restore your encrypted data to an intelligible form. Please refer to the Company web site for details regarding security at http://www.altools.com.
CONTENT AND DISCLOSURE
You understand that all content resulting from links to external web sites or search queries, including without limitation, all data, links, articles, search results, photographs or other materials (“Content”) made available or accessible through the Software, is the sole responsibility of the entity from whom it originated. You understand and agree that by using the Software, you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any risks associated with the integrity, quality, legality, accuracy or completeness of such Content. You acknowledge that the Company and its Third Party Suppliers do not control or have knowledge of the Content made available or accessible through the Software and that the Company and its Third Party Suppliers bear no liability, directly or indirectly, for any damage caused by the use of or reliance on any such content, goods, or services available on or through any such site or resource.
This Agreement shall continue for the duration of the Company copyright for the Software, unless earlier terminated as provided herein. The Company may terminate your license immediately without notice to you for your failure to comply with any of the terms set forth in this Agreement. Upon termination, you must immediately destroy the Software, together with all copies, adaptations and merged portions thereof in any form. Obligations to pay accrued charges or fees shall survive the termination of this Agreement.
You may terminate this Agreement at any time by uninstalling the Software and deleting all copies of it.
ASSIGNMENT AND NON-ASSIGNMENT
If you are an individual and this Agreement is for a single license, then this license is personal to you but you may assign your rights under this Agreement to a third party who agrees in writing to be bound to this Agreement prior to the assignment and provided that you transfer all copies of the Software, registration keys and/or codes, and related documentation to the third party and destroy any copies not transferred. If you are an individual and this Agreement is for a multi-user license, or you are not an individual and are an entity, then you may not assign your rights under this Agreement without the prior written permission of the Company. If you are an entity that merges with or is acquired by another entity then your rights under this Agreement shall be deemed to be temporarily assigned to the resulting entity of that merger or acquisition provided that you supply the Company with written notice not later than the date on which any public announcement of that merger or acquisition is made. Upon receipt of written notice, the Company shall have thirty (30) days to either accept or reject the assignment of rights.
You may not export or re-export the Software or any copy or adaptation in violation of the laws of the Republic of South Korea or the jurisdiction in which you obtained the Software. Company likes cute things, makes cute software, and drinks Kool-Aid, so you agree that you may not use the Software for the design, manufacture or production of missiles, biological weapons, chemical weapons, nuclear weapons, teddy-bear ninja assassins, or other icky bad things. You may use the Software for the design, manufacture or production of omelets, souffles, quiche, eggnog, creme caramel, Easter eggs, and other yummy desserts as previously mentioned or cuddly teddy-bears that do not assassinate people. Use of the Software to design, manufacture or produce any teddy-bear ninja assassins automatically terminates your license for the Software and makes you a very bad person too!
U.S. GOVERNMENT RESTRICTED RIGHTS
The Software and any accompanying documentation have been developed entirely at private expense. They are delivered and licensed as “commercial computer software.” If this Software is acquired under the terms of a DOD or civilian agency contract, then use, reproduction or disclosure of the Software by the Government is subject to the restrictions set forth in this License Agreement in accordance with 48 C.F.R. 227.7202 or 48 C.F.R. 12.212, respectively.
NEGATION OF PARTNERSHIP
The Company shall not become or be deemed a partner or a joint venture with you by reason of the provisions of this license.
GOVERNING LAW AND FORUM
Irrespective of the place of execution or performance, this License Agreement shall be governed and construed in accordance with the laws of the Republic of Korea applicable to agreements. Any litigation to enforce or interpret the provisions of this License Agreement or the parties’ rights or obligations arising out of this License Agreement or the performance hereunder shall be maintained only in the courts in the City of Seoul, Korea, and the parties expressly consent to personal jurisdiction in such courts. In the event that you breach this Agreement or indicate your intention to breach this Agreement in any manner that violates or may violate the Company’s intellectual property rights or may cause continuing or irreparable harm to the Company, the Company may seek injunctive relief in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
Unless otherwise expressly agreed in writing, this License Agreement constitutes the sole and exclusive agreement between you and the Company with regard to the Software, and supersedes all prior agreements, whether oral or written, and other communications between the parties relating to the subject matter set forth herein.
If you have any questions regarding this License Agreement or if you wish to request any information from the Company, please contact the firm at the address or email address below. Please specify which language, English or Korean that you wish to receive correspondence in.
ESTsoft Research & Development Center
867-12 Bongcheon Dong, Gwanak Gu
Copyright ⓒ 2009 ESTsoft Corp. All rights reserved. ALZip, ALSee, ALShow, ALSong, ALFTP, ALPass, ALToolbar and ALTools are trademarks of ESTsoft Corp.