Digital DJ Music System Personal Edition distribution permissions and end-user license agreement
Digital DJ Automated Music System Studio ReadMe DocRev Nov 1, 2005
N O T I C E * Digital DJ Pro Player 4.9x.x now uses the Windows Media player 9/10 Technology. You can download Windows Mediaplayer 9 or 10 Separately from windowsmedia.com. If you prefer, you can still run the previous 4.6x.x version for media player 6 or mediaplayer7. The start icon is located in your Digital DJ Music System program Group in your start menu - The icon is called (Digital DJ Player for MP6)
** See Bottom of this document for Version modification history **
* THIS package contains a FULL VERSION - All features have been enabled for those who wish to evaluate this software. However, some features are limited for evaluation purposes. You may purchase a lockKey to enable full operation or, request an extended evaluation by sending us an email at firstname.lastname@example.org *
Please read the ADEC End-User Software License Agreement below
You must accept all terms in this agreement prior to pressing the "next"
button on the software installation setup screen.
Copyright ADEC 1998 -2006
The Digital DJ Music System (DDJMS) and Digital DJ Automated Music System Studio (DDJAMS) is copyrighted property of Automated Digital Entertainment Corp. Herein ADEC. Single License granted by ADEC for the sole purpose of evaluation. Copying, sales, marketing, and or tampering of the DDJMS software or databases without written approval ADEC is punishable by law. ADEC or its` officers shall not be held liable for any use, misuse, abuse, damage, mental anguish, or injury caused by the DDJMS. The user/purchaser automatically accepts the above mentioned statement by downloading or purchasing the DDJMS or DDJAMS systems.
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ADEC End-User Software License Agreement
It is assumed by ADEC that you have read this agreement by pressing (NEXT) and installing this software. Therefore, you agree to the terms by continuation. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, DO NOT OPEN THE SEALED
DISK PACKAGE, INSTALL OR USE THE SOFTWARE. PROMPTLY RETURN, WITHIN 15 DAYS, THE SOFTWARE, ALL RELATED DOCUMENTATION AND ACCOMPANYING ITEMS TO THE PLACE OF ACQUISITION FOR A FULL REFUND. FUTHRERMORE, A REFUND WILL NOT BE ISSUED ONCE THE USER HAS RECEIVED (OFFICIAL RECIEPT IS ASSUMED VIA THE SEND TIME AND DATE ON ALL ELECTRONIC EMAILS OR VIA TIME AND DATE STAMPS ON FAX TRANSMISSIONS) A "LOCK KEY" OR "REGISTRATION" AS A RESULT OF A PURCHASE.
This is a legal agreement between you and Automated Digital Entertainment Corp. and its subsidiaries. Herein referenced as ("ADEC"). This Agreement states the terms and conditions upon which ADEC offers to license the software sealed in the disk package together with all related documentation and accompanying items including, but not limited to, the executable programs, drivers, libraries and
data files associated with such programs (collectively, the "Software").
1. Grant of License
The Software is licensed, not sold, to you
for use only under the terms of this
Agreement. You own the disk or other media
on which the Software is originally or
subsequently recorded or fixed; but, as
between you and ADEC (and, to the extent
applicable, its licensors), ADEC retains
all title to and ownership of the Software
and reserves all rights not expressly
granted to you.
2. For Use on a Single Computer
The Software may be used only on a single
computer by a single user at any time. You
may transfer the machine-readable portion of
the Software from one computer to another
computer, provided that
(a) the Software (including any portion or
copy thereof) is erased from the first
(b) there is no possibility that the
Software will be used on more than
one computer at a time.
(c) OR, A separate license is issued to you
(d) OR, The Evaluation version of this software
is installed in which case there is no limit
to the amount of computers.
3. Stand-Alone Basis
You may use the Software only on a
stand-alone basis, such that the Software
and the functions it provides are accessible
only to persons who are physically present
at the location of the computer on which the
Software is loaded. You may not allow the
Software or its functions to be accessed
remotely, or transmit all or any portion
of the Software through any network or
4. One Archival Copy
You may make one (1) archival copy of the
machine-readable portion of the Software for
backup purposes only in support of your use
of the Software on a single computer, provided
that you reproduce on the copy all copyright
and other proprietary rights notices included
on the originals of the Software.
5. No Merger or Integration
You may not merge any portion of the Software
into, or integrate any portion of the Software
with, any other program, except to the extent
expressly permitted by the laws of the jurisdiction
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conditions of this Agreement, and you must
reproduce on the merged or integrated portion
all copyright and other proprietary rights notices
included in the originals of the Software.
6. Network/ broadcast Versions
If you have purchased a "network" version of the
Software, this Agreement applies to the installation
of the Software on a single "file server".
It may not be copied onto multiple systems.
Each "node" connected to the "file server" must also
have its own license of a "node copy" of the Software,
which becomes a license only for that specific "node".
7. Transfer of License
You may transfer your license of the Software,
(a) you transfer all portions of the Software
or copies thereof,
(b) you do not retain any portion of the
Software or any copy thereof, and
(c) the transferee reads and agrees to be bound
by the terms and conditions of this Agreement.
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you acquired the Software, you may not use, copy
or modify the Software. Nor may you sub-license
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9. Decompiling, Disassembling, or Reverse Engineering
You acknowledge that the Software contains trade
secrets and other proprietary information of
ADEC and its licensors. Except to the extent
expressly permitted by this Agreement or by the
laws of the jurisdiction where you are located,
you may not decompile, disassemble or otherwise
reverse engineer the Software, or engage in any
other activities to obtain underlying information
that is not visible to the user in connection with
normal use of the Software. In any event, you
will notify ADEC of any information derived
from reverse engineering or such other activities,
and the results thereof will constitute the confidential
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with the Software.
The license granted to you is effective until terminated. You may terminate it at any time by returning the Software (including any portions or copies thereof) to ADEC. The license will also terminate automatically without any notice from ADEC if you fail to comply with any term or condition of this Agreement. You agree upon such termination to return the Software (including any portions
or copies thereof) to ADEC. Upon termination, ADEC may also enforce any rights provided by law. The provisions of this Agreement that protect the proprietary rights of ADEC will continue in force after termination.
ADEC warrants, as the sole warranty, that the disks on which the Software is furnished will be free of defects, as set forth in the Warranty Card or printed manual included with the Software. No distributor, dealer or any other entity or person is authorized to expand or alter this warranty or any other provisions of this Agreement. Any representation, other than the warranties set forth in this Agreement, will not bind ADEC.
ADEC does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. EXCEPT AS STATED ABOVE IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
You assume full responsibility for the selection of the Software to achieve your intended results, and for the installation, use and results obtained from the Software. You also assume the entire risk as it applies to the quality and performance of the Software.
Should the Software prove defective, you (and not ADEC, or its distributors or dealers) assume the entire cost of all necessary servicing, repair or correction.
This warranty gives you specific legal rights, and you may also have other rights which vary from country/state to country/state. Some countries/states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. ADEC disclaims all warranties of any kind if the Software was customized, repackaged or altered in any way by any third party other than ADEC.
LIMITATION OF REMEDIES AND DAMAGES
THE ONLY REMEDY FOR BREACH OF WARRANTY WILL BE THAT SET FORTH IN THE WARRANTY CARD OR PRINTED MANUAL INCLUDED WITH THE SOFTWARE. IN NO EVENT WILL ADEC OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS, LOST SAVINGS, LOST REVENUES OR LOST DATA ARISING FROM OR RELATING TO THE SOFTWARE OR THIS AGREEMENT, EVEN IF ADEC OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ADEC`S LIABILITY OR DAMAGES TO YOU OR ANY OTHER PERSON EVER EXCEED THE AMOUNT PAID BY YOU TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF THE CLAIM.
Some countries/states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If you must ship the software to ADEC or an authorized ADEC distributor or dealer, you must prepay shipping and either insure the software or assume all risk of loss or damage in transit.
U.S. GOVERNMENT RESTRICTED RIGHTS
All Software and related documentation are provided with restricted rights. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software Clause at 252.227-7013. If you are sub-licensing or using the Software outside of the United States, you will comply with the applicable local
laws of your country, U.S. export control law, and the English version of this Agreement.
The Contractor/Manufacturer for the Software is:
ADEC / Automated Digital Entertainment Corp.
P.O. BOX 20673
Saint Petersburg, FL, 33742
This Agreement is binding on you as well as your employees, employers, contractors and agents, and on any successors and assignees. Neither the Software nor any information derived there from may be exported except in accordance with the laws of the U.S. or other applicable provisions. This Agreement is governed by the laws of the State of California (except to the extent federal law governs copyrights and federally registered trademarks). This Agreement is the entire agreement between us and supersedes any other understandings or agreements, including, but not limited to, advertising, with respect to the Software. If any provision of this Agreement is deemed invalid or unenforceable by any country or government agency having jurisdiction, that particular provision will be deemed modified to the extent necessary to make the provision valid and enforceable, and the remaining provisions will remain in full force and effect.
For questions concerning this Agreement, please contact ADEC at the address stated above. For questions on product or technical matters, contact the ADEC technical support center nearest you.
SPECIAL PROVISIONS APPLICABLE TO THE EUROPEAN UNION
If you acquired the Software in the European Union (EU), the following provisions also apply to you. If there is any inconsistency between the terms of the Software License Agreement set out earlier and the following provisions, the following provisions shall take precedence.
You agree not for any purpose to transmit the Software or display the Software’s object code on any computer screen or to make any hard copy memory dumps of the Software’s object code. If you believe you require information related to the interoperability of the Software with other programs, you shall not decompile or disassemble the Software to obtain such information, and you agree to request such information from ADEC at the address listed earlier. Upon receiving such a request, ADEC shall determine whether you require such information for a legitimate purpose and, if so, ADEC will provide such information to you within a reasonable time and on reasonable conditions.
EXCEPT AS STATED EARLIER IN THIS AGREEMENT, AND AS PROVIDED UNDER THE HEADING "STATUTORY RIGHTS", THE SOFTWARE IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Remedy and Damages
THE LIMITATIONS OF REMEDIES AND DAMAGES IN THE SOFTWARE LICENSE AGREEMENT SHALL NOT APPLY TO PERSONAL INJURY (INCLUDING DEATH) TO ANY PERSON CAUSED BY ADEC’S NEGLIGENCE AND ARE SUBJECT TO THE PROVISION SET OUT UNDER THE HEADING "STATUTORY RIGHTS".
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