End user agreement for NexTune Nexus for Windows
NEXTUNE, INC. END USER LICENSE
IT IS IMPORTANT THAT YOU CAREFULLY READ THIS NOTICE BEFORE PROCEEDING WITH THE DOWNLOAD, INSTALLATION AND USE OF THE SOFTWARE. BY CLICKING THE BUTTON BELOW MARKED “CONTINUE” YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT WHICH CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN THE LICENSOR, (HEREAFTER “NexTune Inc.”), AND THE LICENSEE, (HEREAFTER “YOU”)
1 THIS AGREEMENT
1.1 In this Agreement the phrase “the Software” means the computer program known as “NexTune” and all associated media, printed materials and online or electronic documentation. This definition of the Software does not include any other products or computer programs of NexTune Inc.
1.2 The Software is protected by copyright and other intellectual property laws and international treaties. Title to, ownership of, and all rights and interests in and to each and every part of the Software, (including all copyrights, trade marks, patent rights or any other intellectual property rights of whatever nature), and all copies thereof shall remain at all times vested in NexTune Inc. or its licensors.
1.3 The Software is licensed, not sold, to You for use only under the terms of this licence agreement, and NexTune Inc. and its licensors reserve any rights not expressly granted to You. Your rights of ownership are limited to the media on which the Software is recorded or fixed.
1.4 By installing, copying or otherwise using the Software, you agree to be bound by the terms of this Agreement. If You do not agree to the terms of this agreement You must not use the Software and must immediately delete any and all copies of the Software in Your possession.
2 GRANT OF LICENSE
2.1 NexTune Inc. hereby grants to You the following non-exclusive rights in respect of the Software subject to Your fulfilment of the relevant criteria. The rights granted to You are personal and non-transferable.
2.2 Single User License. This Software is provided in binary object and executable form for license to a single user on a single computer system. You may use the Software on a single computer for your personal use. Under this Single User License You may not use the Software on a computer network or allow concurrent use of the Software by more than one individual.
2.3 Business use of this software for non-profit or profit is strictly prohibited.
2.4 You undertake not to export the Software or any part thereof to any country, person, entity or end user subject to any export restrictions applicable to You.
3 EXPRESSLY FORBIDDEN
3.1 You shall not copy the documentation which accompanies the Software ;
3.2 You shall not sublicense, rent or lease any portion of the Software ;
3.3 You shall not reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code or resources of the Software or create derivative works based on the Software;
3.4 You shall not use a previous version of the Software after you have received an upgraded version as a replacement of the prior version. Upon upgrading the Software, all copies of the prior version must be destroyed;
3.5 You shall not use the Software to reproduce copyrighted audio recordings for commercial purposes, unless you have the expressed, written permission of the owners of those copyrights, or;
3.6 You shall not use the Software to reproduce copyrighted music CDs which you do not own, unless you have the expressed, written permission of the owners of those copyrights.
4 INTELLECTUAL PROPERTY RIGHTS
4.1 The Software is protected by copyright and other intellectual property laws and international treaties. Title to, ownership of, and all rights and interests in and to each and every part of the Software, (including all copyrights, trade marks, patent rights or any other intellectual property rights of whatever nature), and all copies thereof shall remain at all times vested in NexTune Inc..
4.2 Title, ownership rights, and intellectual property rights in the Software shall remain with NexTune Inc.. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This license gives you no rights to such content.
5 WARRANTY DISCLAIMER
5.1 The Software is provided "as is" without warranty of any kind either express or implied. In particular NexTune Inc. does not warrant that the operation of the Software will be uninterrupted or error free. NexTune Inc. does not warrant guarantee or make any representations regarding the use, or the results of the use, of the Software in terms of accuracy reliability currentness or otherwise. You assume the entire risk arising out of the use or performance of the Software.
5.2 No oral or written information or advice given by NexTune Inc. its distributors or employees shall create any warranty and You may not rely on any such information or advice.
6 NO OTHER WARRANTIES
6.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NexTune Inc. DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS IN RESPECT OF THE SOFTWARE EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FITNESS FOR PARTICULAR PURPOSE. THE DURATION OF ANY STATUTORILY REQUIRED WARRANTY PERIOD SHALL BE LIMITED TO THE TERM OF THE LIMITED WARRANTY SET OUT ABOVE. YOU USE THE SOFTWARE ENTIRELY AT YOUR OWN RISK.
7 EXCLUSION OF LIABILITY FOR CONSEQUENTIAL LOSS
7.1 UNDER NO CIRCUMSTANCES SHALL NexTune Inc. OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OF OR YOUR INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, COMPUTER FAILURE, WORK STOPPAGE OR ANY OTHER DAMAGES, EVEN IF NexTune Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8 EXCLUSIVE REMEDY
8.1 The exclusive remedy for breach of this Agreement by NexTune Inc. shall be, at NexTune Inc.'s option, either:
8.1.1 the repair or replacement of the Software PROVIDED THAT the Software is returned to NexTune Inc. with proof of License; or
8.1.2 a refund of the price, if any, which You paid to license the Software.
9 EXPORT LAW ASSURANCES
9.1 You agree that neither the Software nor any direct product thereof is being or will be shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations thereunder or will be used for any purpose prohibited by the Act.
10 LIMITATION ON LIABILITY
10.1 NexTune Inc.'S LIABILITY TO YOU IN CONTRACT OR TORT SHALL IN NO EVENT EXCEED THE ACTUAL PRICE PAID FOR THE SOFTWARE OR $5.00 (FIVE US Dollars) WHICHEVER IS THE LESSER.
11.1 In the event that You fail to comply strictly with the terms and conditions of this Agreement, this Agreement shall terminate forthwith without prejudice to any other remedies which NexTune Inc. may have at law or otherwise.
11.2 In the event that You wish to terminate this License agreement You may do so at any time by ceasing to use the Software.
11.3 You hereby agree that, in the event of termination of this Agreement for any reason, You will forthwith destroy or irretrievably delete all copies of the Software, including modified copies, in Your possession or control.
12 GENERAL TERMS
12.1 Irrespective of the country in which the Software was acquired the construction, validity and performance of this Agreement shall be governed in all respects by US law and You agree to submit to the exclusive jurisdiction of the US courts in the State Of Washington.
12.2 If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect.
12.3 No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term.
12.4 This agreement constitutes the entire agreement between You and NexTune Inc. with respect to this transaction. Any changes to this agreement must be made in writing, signed by an authorised representative of NexTune Inc.
Should You have any questions concerning this Agreement, or if You desire to contact NexTune Inc. for any reason, please write to: NexTune Inc., 2563 152nd ave. NE Suite D15, Redmond, WA, 98052; Tel 425-869-9095; Fax: 425-869-9065 Email: Marketing@NexTune.net. For ordering information, visit our website at: http://www.nexTune.com.