Blaze Audio Voice Cloak Plus distribution permissions and end-user license agreement
LIMITED USE SOFTWARE LICENSE AGREEMENT The terms and conditions of this Agreement will apply to the license of the Blaze Audio Voice Cloak Plus software supplied herewith (hereafter, "Licensed Software") and derivatives obtained therefrom, including any copy, upon clicking 'Yes' below. The term Licensed Software includes programs and related documentation supplied herewith. 1. TITLE AND LICENSE GRANT The Licensed Software is copyrighted and/or contains proprietary information protected by law. All Licensed Software, and all copies thereof, are and will remain the sole property of Singing Electrons, Inc. or its suppliers. Singing Electrons, Inc. hereby grants you a personal, non-transferable and non-exclusive right to use the Licensed Software, in whatever form supplied, which is furnished to you under or in contemplation of this agreement. This license grant is limited to use on a single processor at a time. Any violation of the terms herein shall automatically terminate this license. You agree to use your best efforts to see that any use of Licensed Software complies with the terms and conditions of this License Agreement. You agree to refrain from taking any steps to reproduce the underlying program and/or essential function of Licensed Software, such as reverse assembly or reverse compilation, reverse engineering or disassembly of the Licensed Software. You agree to refrain from modifying, merging or creating derivative works from Licensed Software. You agree to refrain from using, copying or transferring copies of Licensed Software except as expressly permitted by the specific terms of this license. You agree that you will not sell, rent or lease the Licensed Software provided herewith. 2. USE OF LICENSED SOFTWARE You are permitted to make a single archive copy of the Licensed Software, provided the Licensed Software shall not be otherwise reproduced, copied, or, except for the documentation, disclosed to others in whole or in part. Any such copy shall contain the same copyright notice and proprietary marking, appearing on the original Licensed Software. The Licensed Software shall only be used in accordance with the terms of the license granted herein. The Licensed Software shall not be removed from a country in which use is licensed. Upon a termination of the right to use Licensed Software or in the event of Licensed Software no longer being used in accordance with this License Agreement the Licensed Software, together with any archive copy thereof, shall be either returned to Singing Electrons, Inc. or destroyed. 3. LIMITED WARRANTY Singing Electrons, Inc. warrants that the Licensed Software in the form delivered by Singing Electrons, Inc. will operate substantially as described in the help files. Singing Electrons, Inc. does not warrant that the functions of the Licensed Software will meet your requirements or that Licensed Software operation will be error-free or uninterrupted. Singing Electrons, Inc. has used reasonable efforts to minimize defects or errors in the Licensed Software. HOWEVER, YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE, OR INABILITY TO USE THE LICENSED SOFTWARE. Unless a separate agreement for software maintenance is entered into between you and Singing Electrons, Inc., Singing Electrons, Inc. bears no responsibility for supplying assistance for fixing or for communicating known errors to you pertaining to the Licensed Software supplied hereunder. YOU UNDERSTAND THAT, EXCEPT FOR THE 60 DAY LIMITED WARRANTY RECITED ABOVE, Singing Electrons, Inc., ITS AFFILIATES, CONTRACTORS, SUPPLIERS AND AGENTS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states or other jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty lasts, so the above limitations may not apply to you. This limited warranty gives you specific legal rights and you may also have other rights which vary from one state or jurisdiction to another. 4. EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES YOU AGREE THAT YOUR SOLE REMEDY AGAINST Singing Electrons, Inc., ITS AFFILIATES, CONTRACTORS, SUPPLIERS, AND AGENTS FOR LOSS OR DAMAGE CAUSED BY ANY DEFECT OR FAILURE IN THE LICENSED SOFTWARE REGARDLESS OF THE FORM OF ACTION, WHETHER INCONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BE THE REPLACEMENT OF Singing Electrons, Inc. FURNISHED LICENSED SOFTWARE, PROVIDED SUCH LICENSED SOFTWARE IS RETURNED TO Singing Electrons, Inc. WITH A COPY OF YOUR SALES RECEIPT. THIS SHALL BE EXCLUSIVE OF ALL OTHER REMEDIES AGAINST Singing Electrons, Inc., ITS AFFILIATES, CONTRACTORS, SUPPLIERS OR AGENTS, EXCEPT FOR YOUR RIGHT TO CLAIM DAMAGES FOR BODILY INJURY TO ANY PERSON. REGARDLESS OF ANY OTHER PROVISIONS OF THIS AGREEMENT, NEITHER Singing Electrons, Inc. NOR ITS AFFILIATES, CONTRACTORS, SUPPLIERS OR AGENTS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUSTAINED OR INCURRED IN CONNECTION WITH THE USE, OPERATION, OR INABILITY TO USE THE LICENSED SOFTWARE OR FOR DAMAGES ATTRIBUTABLE TO ANY SERVICE, PRODUCTS OR ACTION OF ANY OTHER PERSON. GENERAL Any software or hardware provided to you by Singing Electrons, Inc. pursuant to this Agreement shall not be exported or re-exported in violation of any export provisions of the United States or any other applicable jurisdiction. Any attempt to sublicense, assign or transfer any rights, duties or obligations granted or arising from this license is void. This Agreement shall be construed in accordance with and governed by the laws of the State of Washington, United States of America, without regard to its conflicts of laws provisions. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND THAT BY CLICKING THE 'YES' BUTTON BELOW YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR SEPARATE WRITTEN AGREEMENTS BETWEEN Singing Electrons, Inc. AND YOU, THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDING, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.