End user agreement for TuneAid
TuneAid Information: LICENSE.TXT
Copyright (C) DigiDNA 2005-2010
BY CLICKING THE ?ACCEPT? BUTTON, OR BY INSTALLING OR USING TuneAid, YOU ARE CONSENTING TO BE BOUND BY THE FOLLOWING AGREEMENT.
The Software, as defined below, is protected by copyright, which is vested in DigiDNA.
The Software may only be used in accordance with the terms and conditions set out in this document.
If you do not read and agree to be bound by the terms and conditions defined in this document, you are not permitted to keep or use the Software or in any way whatsoever and must destroy or return all copies of these items which are in your possession.
END USER LICENSE AGREEMENT
The following definitions apply to the terms and conditions included in this Agreement.
means an Application/Software, developed by DigiDNA.
means TuneAid, all program and information files and other documentation which are part of the TuneAid Software package.
means a particular person.
TERMS OF AGREEMENT
This is a legal agreement between you, the users, and DigiDNA. By installing or using this Software, you agree to be bound by the terms of this agreement. If you do not agree to those terms, you may not use or install the Software.
You are entitled to use the Software on all personal computers (laptops/desktops). "Use" means loaded in temporary memory or permanent storage on the computer.
You may not use the Software on non-PC products, devices, or embedded in any other product, including, but not limited to, mobile devices, internet appliances, set top boxes (STB), handhelds, PDAs, phones, web pads, tablets, game consoles, TVs, gaming machines, home automation systems, or any other consumer electronics devices or mobile/cable/satellite/television or closed system based service.
You may not sell, rent, lease or sublicense the Software, without the explicit
written consent of DigiDNA.
The Software is protected by copyright laws and international treaties.
All intellectual property rights such as but not limited to patents, trademarks, copyrights or trade secret rights related to the Software are the property of and remains vested in DigiDNA.
You shall not modify, translate, reverse engineer, decompile or disassemble the Software or any part thereof or otherwise attempt to derive source code or create derivative works therefrom.
You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained with the Software.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR OWN RISK AND THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER. DIGIDNA DOES NOT WARRANT THAT THE FUNCTIONS OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE AND THE RESULTS OBTAINED FROM THE SOFTWARE.
YOU ACKNOWLEDGE THAT THE SOFTWARE IS NOT INTENDED FOR USE IN (I) ON-LINE CONTROL OF AIRCRAFT, AIR TRAFFIC, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATIONS; OR (II) IN THE DESIGN, CONSTRUCTION, OPERATION OR MAINTENANCE OF ANY NUCLEAR FACILITY.
DIGIDNA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES RELATED TO: NON-INFRINGEMENT, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE .
IN NO EVENT SHALL DIGIDNA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INJURY, LOSS OF PRIVACY OR OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REGARDLESS OF THE FORM OF ACTION, DIGIDNA AGGREGATES LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAYABLE BY YOU UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
TERMINATION. If you breach this Agreement your right to use the Product will terminate immediately and without notice, but all provisions of this Agreement will survive termination and continue in effect. Upon termination, you must destroy all copies of TuneAid
U.S. GOVERNMENT END-USERS. The Product is a ?commercial item,? as that term is defined in 48 C.F.R. 2.101, consisting of ?commercial computer software? and ?commercial computer software documentation,? as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government End Users acquire the Product with only those rights as set forth herein.
EXPORT CONTROLS. This license is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the Product and its use.
PRIVACY STATEMENT: DigiDNA strives to protect the security and privacy of the users of its products, and will strictly protect the security of the users? personal information, within the confines of the DigiDNA domain. DigiDNA does not redistribute Data gathered through the usage of TuneAid. All data is stored in Switzerland. The DigiDNA privacy statement can be found at <http://www.digidna.net/privacy_policy.php>, is incorporated in this Agreement by reference.
This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any and all disputes arising out of the rights and obligations in this Agreement shall be submitted to ordinary court proceedings. You accept the Geneva (Switzerland) City Court as legal venue under this Agreement.
This Agreement shall be governed by Swiss law.
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