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Wavelore Instruments' American Zither

Free Trial Version

END USER LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity, and herein referred to as the "Licensee") and WAVELORE INSTRUMENTS (herein referred to as the "Licensor").

 

  1. License Grant. Licensor hereby grants to Licensee a limited, nonexclusive, nontransferable license to use the Wavelore American Zither software library (the "Licensed Software") only for Licensee's internal use. All rights not expressly granted to Licensee are reserved to Licensor. This EULA supercedes any prior version license of the Licensed Software and governs your use of the Licensed Software. Any use or attempted use of the Licensed Software other than as expressly permitted herein is a breach of this EULA and will cause irreparable harm to Licensor or their licensors entitling Licensor to terminate this EULA, and entitling Licensor to injunctive relief in addition to all legal remedies under applicable law.

  2. Software Ownership/Propriety Rights. This EULA is a license, not a sale, of the Licensed Software. Licensee owns the disks on which the Licensed Software is recorded or fixed. Licensor shall retain full and complete title and all intellectual property rights, including the copyright, to the Licensed Software recorded on the enclosed disks and all subsequent copies of the Licensed Software, regardless of the media or form on or in which the original disks or copies may exist, and any accompanying documentation.

  3. Restrictions on Use. Licensee may use the Licensed Software on only one computer at any one time, however, you may transfer the Licensed Software from one computer to another. Licensee may not copy, modify, adapt, translate, reverse engineer, de-compile, disassemble, or create derivative works based on the Licensed Software (including the source code contained therein) or its accompanying documentation. Licensee may not remove any proprietary notices, labels or marks incorporated in, marked on, or fixed to the Licensed Software by licensor or its licensors. LICENSEE AGREES NOT TO USE THE LICENSED SOFTWARE TO MAKE ILLEGAL COPIES OF THIRD PARTY COPYRIGHT PRODUCTS, AND AGREES TO ASSUME ALL LIABILITY FOR ANY SUCH COPYRIGHT INFRINGEMENT.

  4. Transfer Restrictions. Licensee shall not assign, rent, lease, sell, sublicense or otherwise transfer or distribute the Licensed Software (or accompanying documentation), in whole or in part, to another party without prior written consent of Licensor, which consent may be withheld or conditioned in Licensor's discretion. Any party authorized by Licensor to receive the Licensed Software must agree in writing to be bound by the terms and conditions of this Agreement.

  5. No Warranty and Disclaimer. The Licensed Software is licensed to Licensee "AS-IS" and LICENSOR AND ITS LICENSORS MAKE, AND LICENSEE RECEIVES, NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND LICENSOR AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. Accordingly, the complete risk as to the quality and performance of the Licensed Software is with you. Licensor does not warrant that the Licensed Software will meet Licensee's requirements or that the operation of the Licensed Software will be uninterrupted or error free. The Licensed Software is a high performance library that requires significant computer resources. Therefore, if used in conjunction with other programs or libraries with similar resource requirements, the overall performance of the Licensed Software may be substantially degraded. Licensed Software may not meet all advertised performance features if used with a non-recommended computer system.

    Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to Licensee. Licensee may also have other rights, which vary, from state to state.

  6. Limitation of Liability. IN NO EVENT SHALL LICENSOR OR THEIR LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR LOST PROFITS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING IN ANY WAY OUT OF THIS AGREEMENT OR ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE LICENSED SOFTWARE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, FILES OR BUSINESS, BUSINESS INTERRUPTION, LOSS OF SALES OR PROFITS AND THE LIKE) EVEN IF LICENSOR WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The liability of Licensor, if any, shall be limited to the refund of Licensee's purchase price. No oral or written information or advice given by Licensor, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this limited warranty. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.

  7. Export Restriction. Licensee agrees not to export or re-export the Licensed Software in any form without the appropriate United States and foreign government licenses. Licensee's failure to comply with this provision is a material breach of this EULA.

  8. Term. This license is effective as of the time Licensee receives the Licensed Software, and shall continue in effect until Licensee ceases all use of the Licensed Software and returns or destroys all copies thereof or until automatically terminated upon the failure of Licensee to comply with any of the terms of this EULA.

  9. Governing Law. This Agreement and Limited Warranty are governed by the laws of the State of Callifornia, without regard to conflicts of law principles.

©2007 Wavelore Instruments. All Rights Reserved. TASCAM is a registered trademark and the TASCAM logo and GVI are trademarks of "TEAC" a Teac America Inc. Company. All other product names are trademarks of their respective owners, which are in no way associated or affiliated with Wavelore Instruments or TASCAM.