Music Catalogue Master distribution permissions and end-user license agreement
SOFTWARE LICENSE AGREEMENT
This user license agreement (the "AGREEMENT") is an agreement between you (individual or single entity) and KIX Software Solutions, for the KIX Software Solutions software (the "SOFTWARE") that is accompanying this AGREEMENT.
The SOFTWARE is the property of KIX Software Solutions and is protected by copyright laws and international copyright treaties. The SOFTWARE is not sold, it is licensed.
If you accept the terms and conditions of this AGREEMENT, you have certain rights and obligations as follows:
1. Install and use the unlimited number of copies of the TRIAL VERSION of this software for a period of 21 days.
2. Use one or more copies of the TRIAL VERSION for evaluation purposes only.
3. Copy and distribute freely the TRIAL VERSION (see `DISTRIBUTION`).
YOU MAY NOT:
1. Sublicense, rent or lease the TRIAL VERSION or any portion of it.
2. Decompile, disassemble, reverse engineer or modify the TRIAL VERSION or any portion of it.
3. Use the TRIAL VERSION after the trial period of 21 days.
You are hereby licensed to make as many copies of the TRIAL VERSION as you wish and distribute it to anyone provided that all files are intact. You must distribute the install form of the TRIAL VERSION (not the files resulting of an installation). You are not allowed to sell the TRIAL VERSION (except for shipment and handling charges). Computer magazines are authorized to distribute it on any Cover Disk or CD-ROM without any permission. Please inform us by e-mail each time you distribute the TRIAL VERSION.
KIX Software Solutions warrants that the media on which the Software is distributed will be free from defects for a period of sixty (60) days from the date of delivery of the Software to You. Your sole remedy in the event of a breach of this warranty will be that KIX Software Solutions will, at its option, replace any defective media returned to KIX within the warranty period or refund the money You paid for the Software. KIX does not warrant that the Software will meet Your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.
The SOFTWARE is supplied "AS IS". KIX Software Solutions disclaims all warranties, expressed or implied, including, without limitation, the warranties of merchantability and of fitness for any purpose. The user must assume the entire risk of using the SOFTWARE.
DISCLAIMER OF DAMAGES
KIX Software Solutions assumes no liability for damages, direct or consequential, which may result from the use of the SOFTWARE, even if KIX Software Solutions has been advised of the possibility of such damages. Any liability of the seller will be limited to refund the purchase price.
This application contains software from Gracenote, Inc. of Emeryville, California (“Gracenote”). The software from Gracenote (the “Gracenote CDDB Client”) enables this application to do online disc identification and obtain music-related information, including name, artist, track, and title information (“Gracenote Data”) from online servers (“Gracenote CDDB Servers”) and to perform other functions. You may use Gracenote Data only by means of the intended End User functions of this application software. You agree that you will use Gracenote Data, the Gracenote CDDB Client, and Gracenote CDDB Servers for your own personal non-commercial use only. You agree not to assign, copy, transfer or transmit the Gracenote CDDB Client or any Gracenote Data to any third party. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE DATA, THE GRACENOTE CDDB CLIENT, OR GRACENOTE CDDB SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.
You agree that your non-exclusive license to use the Gracenote Data, the Gracenote CDDB Client, and Gracenote CDDB Servers will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the Gracenote Data, the Gracenote CDDB Client, and Gracenote CDDB Servers. Gracenote reserves all rights in Gracenote Data, the Gracenote CDDB Client, and the Gracenote CDDB Servers, including all ownership rights. Under no circumstances will Gracenote become liable for any payment to you for any information that you provide. You agree that Gracenote, Inc. may enforce its rights under this Agreement against you directly in its own name.
The Gracenote CDDB Client and each item of Gracenote Data are licensed to you “AS IS.” Gracenote makes no representations or warranties, express or implied, regarding the accuracy of any Gracenote Data from in the Gracenote CDDB Servers. Gracenote reserves the right to delete data from the Gracenote CDDB Servers or to change data categories for any cause that Gracenote deems sufficient. No warranty is made that the Gracenote CDDB Client or Gracenote CDDB Servers are error-free or that functioning of Gracenote CDDB Client or Gracenote CDDB Servers will be uninterrupted. Gracenote is not obligated to provide you with any new enhanced or additional data types or categories that Gracenote may choose to provide in the future and is free to discontinue its online services at any time.
GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GRACENOTE DOES NOT WARRANT THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE GRACENOTE CDDB CLIENT OR ANY GRACENOTE CDDB SERVER. IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST
PROFITS OR LOST REVENUES.
You may include this program on any CD compilation.
You may not sell the evaluation version.
You must disclose that this product is shareware and is not free.