End user agreement for i.Xchange MP3 editor
CHANNEL ENTERPRISES (HONG KONG) LTD. iXchange - License Agreement ================================================== PLESAE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY REGARDING YOUR USE OF THE iXchange AND ITS RELATED DOCUMENTATION BEFORE USING THE PROGRAM. BY CLICKING THE "I accept the agreement" CHECKBOX BELOW, YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. CHANNEL ENTERPRISES (HONG KONG) LTD. WILL PROVIDE YOU WITH ONE COPY OF THE PROGRAM TO INSTALL AND LICENSE THIS PROGRAM TO YOU PURSUANT TO THE TERMS AND CONDITIONS DESCRIBED BELOW. BY CLICKING THE "I do not accept the agreement" CHECKBOX BELOW, THE INSTALLATION PROCESS WILL BE END. Content of Licensed Materials: The program, including its documentation, appearance, structure and organization is a proprietary product of Channel Enterprises (HK) Ltd. and is protected by copyright, patent trademark and other laws. Any copy, modification, translation, partial copy, compilation, redistribution, derivative work of the program shall remain Channel Enterprises (HK) Ltd. at all times. 1. Usage of the Program The Program is provided by the Licensee and nonexclusive, internal use on one single designated computer, as identified by you in the applicable Registration Form. You can use this Program on any computer other than the designated computer. The Licensee may make copies of the Program for backup or archival purposes in support of its permitted use of the Program. The Program is Confidential property of Channel Enterprises (HK) Ltd., and Licensee, its employees, agents, and the related person agree to keep the Program strictly confidential. 2. Delivery/Access of Licensed Materials to Licensee Network Access. The Licensed Materials will be stored at one or more Licensor locations in digital form accessible by telecommunications links between such locations and authorized networks of Licensee. Physical Media. Copies of the Licensed Materials will be provided to the Licensee on physical media (e.g., Digital Video Disk, CD-ROM, digital tape) for use on Licensee's network and workstations. 3. Limitation - Without the prior premission of Channel Enterprises (HK) Ltd., the Licensee may not: a. TRANSFER, ASSIGN, RENT, USE, SELL, COPY OR MODIFY THE PROGRAM, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PERMITTED IN THIS AGREEMENT. c. REPRODUCE, DISCLOSE, LEASE, TRANSFER, DISTRIBUTE OR REVISE THE PROGRAM OR THE PROGRAM DOCUMENTATION. d. REDISTRIBUTE ANY EXECUTABLE FILE OF THE PROGRAM TO THIRD PARTIES. e. USE THE PROGRAM TO PROVIDE FACILITY MANAGEMENT, SERVICE BUREAU OR OTHER ACCESS TO THIRD PARTIES. 4. Early Termination CHANNEL ENTERPRISES (HK) LTD. HAVE RIGHT TO TERMINATE THIS AGREEMENT IMMEDIATELY IN THE EVENT OF ANY FAILURE TO COMPLY WITH THE ABOVE TERMS AND CONDITIONS. SUCH TERMINATION IS NOT IN LIEU OF ANY CRIMINAL, CIVIL OR OTHER REMEDIES AVAILABLE TO CHANNEL ENTERPRISES (HK) LTD. 5. Warranty Limitations THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHANNEL ENTERPRISES (HK) LTD. DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 6. Limitations of Liability To the extent permitted by law, Channel Enterprises (HK) Ltd. shall not be liable to the User or any other person whether in tort, contract, statute or otherwise (including without limitation for negligence, breach of contract, defamation, or intellectual property right infringement) for: a. any direct loss; b. any consequential or indirect loss (including without limitation loss of revenue or profits); or c. the User's liability to any other person, which is suffered or incurred by the User or any other person arising under or in any way out of the services of the program. 7. General Access or use of the Program shall be governed by this Agreement pursuant to the Federal Regulations. Licensee acknowledges that the Program is commercial software and is provided with "Restricted Rights". The manufacturer is Channel Enterprises (HK) Ltd. THIS AGREEMENT REPRESENTS THE ENTIRE AGREEMENT REGARDING THIS SUBJECT MATTER AND MAY ONLY BE AMENDED BY A WRITTEN AGREEMENT SIGNED BY AUTHORIZED REPRESENTATIVES OF BOTH CHANNEL ENTERPRISES (HK) LTD. AND LICENSEE.