Guitar Shed distribution permissions and end-user license agreement
SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE ASTOUNDIT SOFTWARE. BY USING OR INSTALLING THE ASTOUNDIT SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL OR USE THE SOFTWARE. IF THIS SOFTWARE WAS ACCESSED ELECTRONICALLY, BY CLICKING ON THE "ACCEPT" BUTTON BELOW, YOU ARE AGREEING TO ALL THE TERMS AND CONDITIONS OF THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE, CLICK THE "DECLINE" BUTTON AND YOU WILL NOT HAVE ANY LICENSE TO ANY PART OF THE SOFTWARE.
1. General. "You" means the licensee, an individual or a legal entity exercising rights under, and complying with all of the terms of this License. The software, downloaded or downloadable archives, associated media, printed materials, online or electronic documentation, fonts, and Internet-based services (collectively, the "Software") are licensed, not sold, to You by Astoundit Software ("Astoundit") for the use only under the terms of this License, and Astoundit reserves all rights not expressly granted to You. The rights granted herein are limited to Astoundit`s and its licensors` intellectual property rights in the Software and do not include any other patents or intellectual property rights. You own the media on which the Software is recorded but Astoundit and/or Astoundit`s licensor(s) retain ownership of the Software itself. This License does not specifically entitle You to any updates, upgrades, enhancements, or improvements to the Software. Astoundit may release these at times, and from time to time, at its sole discretion. When You purchase the Software, You are entitled to the current version of the Software available at the time of your purchase.
IMPORTANT NOTE: This software may be used to reproduce materials. It is licensed to You only for reproduction of non-copyrighted materials, materials in which You own the copyright, or materials You are authorized or legally permitted to reproduce. If You are uncertain about your right to copy or permit access to any material You should contact your legal advisor. This software may contain encryption technology which is subject to export controls. No license for export is granted by this License.
IF YOU DO NOT HAVE A VALIDLY LICENSED COPY OF THE SOFTWARE, YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE SOFTWARE AND/OR COMPONENTS AND YOU HAVE NO RIGHTS UNDER THIS LICENSE. IF YOU ARE USING THE SOFTWARE IN DEMONSTRATION/TRIAL MODE, YOU ARE ONLY AUTHORIZED TO USE THE SOFTWARE FOR THE SPECIFIED DURATION OF THE DEMONSTRATION/TRIAL PERIOD, AFTER EXPIRATION YOU MUST (A) PURCHASE THE SOFTWARE TO CONTINUE USING AS A LICENSED USER; OR (B) REMOVE THE SOFTWARE FROM YOUR COMPUTER AND DISCONTINUE USE. ALL SOFTWARE THAT HAS A DEMONSTRATION/TRIAL VERSION AVAILABLE MAY NOT BE USED FOR COMMERCIAL PURPOSES, AND IS FOR EVALUATION ONLY. NO RETURNS, EXCHANGES, OR REFUNDS WILL BE PERMITTED, AS YOU MAY USE THE DEMONSTRATION/TRIAL VERSION OF THE SOFTWARE TO EVALUATE THE FUNCTIONALITY, COMPATIBILITY, AND SUITABILITY FOR YOUR NEEDS BEFORE PURCHASE. YOU AGREE TO TEST THE SOFTWARE PRIOR TO PURCHASING TO ENSURE THAT IT FITS YOUR OWN NEEDS AND IS COMPATIBLE WITH THE COMPUTER SYSTEM AND OPERATING SYSTEM THAT YOU WILL BE USING THE SOFTWARE ON.
2. Permitted License Use and Restrictions. This License allows You to install and use the Software. You may not make the Software available over a network or server where it could be used by multiple computers at the same time, unless any of the following exceptions apply; (a) You have express written consent from Astoundit; (b) You own multiple licensed copies of the Software and limit the number of users to the number of valid licenses that you own; or (c) You are a valid multiple-user licensee, volume licensee, or site-wide licensee for the Software issued from Astoundit and/or Astoundit`s authorized licensor(s). If the number of computers that the Software is installed on or being used on exceeds the number of licenses that You own, You shall promptly pay to Astoundit the appropriate license fee for the additional computers or users. At Astoundit`s option, the License may be terminated for failure to pay the required license fee. For each licensed copy of the Software you own, you may make one copy of the Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright and other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, You may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Software or any part thereof. The Software is not intended for use in mission critical applications, aircraft navigation or communication systems, life support, operation of nuclear facilities, or other equipment in which the failure of the software could lead to death, personal injury, or severe physical or environmental damage.
3. Transfer. You may not rent, lease, lend, or sub-license the Software. You may not transfer the rights to a backup copy of the Software, or the original Software unless prior written permission is granted from Astoundit. If You are granted permission by Astoundit to transfer rights, You must follow these obligations; (a) You do not retain any copies of the Software, full or partial, including copies stored on a computer, removable media, or other storage device; (b) the transfer must include all of the Software, including all of its components, original media, printed materials, and this License; and (c) the party receiving the Software reads and agrees to accept the terms and conditions of this License.
4. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Astoundit if You fail to comply with any term(s) of this License. You may terminate this License at any time by destroying all copies of the Software, including any documentation, backups, and related materials. Upon termination of this License, You agree to cease all use of the Software, and destroy all copies of the Software in any form and all of its components.
5. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SOFTWARE IS AT YOUR SOLE RISK, AND THAT THE ENTIRE RISK AS TO SATISFACTORY PERFORMANCE, ACCURACY, QUALITY, AND EFFORT IS WITH YOU. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ASTOUNDIT AND ASTOUNDIT`S LICENSOR(S) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASTOUNDIT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FEATURES CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN ASTOUNDIT EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY. THE WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OF PACKAGING.
6. Limitation of Liability. To the extent not prohibited by law, in no event shall Astoundit be liable for personal injury, or any incidental, special, indirect, or consequential damages whatsoever. Including, without limitation, damages for loss of profits, loss of data, business interruption, malfunction, or any other commercial or personal damages or losses, arising out of or related to your use or inability to use the Software, however caused, regardless of the theory of liability (contract, tort, or otherwise). In no event shall Astoundit`s total liability to You for all damages (other than as may be required by applicable law) exceed the amount of U.S. five dollars ($5.00 USD). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
7. Governing Law. This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any provision of this License shall be held illegal or unenforceable, that provision of this License shall be limited or eliminated to the minimum extent necessary so that this License shall otherwise remain in full force and effect, and enforceable. Any notice, report, approval, or consent required or permitted hereunder shall be in writing. Any waivers or amendments shall be effective only if made in writing and signed by You and an authorized officer of Astoundit. This License is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this License. Astoundit`s failure to enforce any provision of this License shall not be deemed a waiver of such provision.
8. Government End Users. The Software and related documentation are "Commercial Items", as that term is defined at 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 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users; (a) only as Commercial Items and; (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
9. Copyrights and Trademarks. All rights, title, trademarks, and copyrights in and to the Software (including, but not limited to, any images, photographs, animations, video, audio, music, text, documentation, tutorials, examples, and components incorporated into the Software) and any copies of the Software are owned by Astoundit or its licensor(s). The Software is protected by copyright laws and international treaty provisions. Therefore, You must treat the Software like any other copyrighted material. Astoundit, Astoundit Software, the Astoundit logo, and related products are all trademarks of Astoundit Software. No right or license is granted to use, display, or reproduce Astoundit trademarks.
Should you have any questions or comments concerning this License, please do not hesitate to contact Astoundit Software at 1534 N. Moorpark Rd., #134, Thousand Oaks, CA, 91360, USA. ATTN: Licensing or by e-mail: firstname.lastname@example.org