TUNEBITE Audio & Video DRM converter distribution permissions and end-user license agreement
1) SOFTWARE PRODUCT
Software as delivered, especially without limitation to TUNEBITE ("Software")
2) LICENSOR RapidSolution Software AG ("RapidSolution"):
This is a legal agreement between you, the end user, and RapidSolution Software AG, Erbprinzenstrasse 27, 76133 Karlsruhe, Germany ("RapidSolution").
By opening the sealed RapidSolution or by agreeing to the integrated Conditions of this End-User License Agreement on data carrier, you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, promptly return the RapidSolution and the accompanying items (including written materials and binders or other containers) to the place you obtained them for a full refund.
3) GRANT OF LICENSE
This RapidSolution license agreement (license) permits you to use one copy of the Software acquired with this license on any single computer, provided the Software is in use on only one computer at any time. If you have a multiple license for the Software, you may then have as many copies of the Software as you have licenses, in use at any time. The Software is in use on a computer when it is loaded into the temporary memory or installed into the permanent memory (e.g. hard disk, CD ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not in use. If the anticipated number of users of the Software will exceed the number of applicable licenses, then you must have a reasonable mechanism or process in place to assure that the number of persons using the Software concurrently does not exceed the number of licenses. Should one person use a computer on which the Software is permanently installed, either on the hard disk or other storage device of the computer (other than a network server), for more than 80% of the time it is in use, then that person may also use the Software on a portable or home computer.
The Software is owned by RapidSolution or its suppliers and is protected by copyright laws, international treaty provisions, and other national laws. Therefore, you must treat the Software like any other copyrighted material (e.g. a book) except that if the Software is not copy protected you may either
(a) make one copy of the Software solely for backup or archival purposes,
(b) or transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.
Product manual(s) or written materials accompanying the Software may not be copied.
5) OTHER RESTRICTIONS
You may not rent or lease the Software, but you may transfer your rights under this RapidSolution license agreement on a permanent basis provided you transfer all copies of the Software and all written materials, and the recipient agrees to the terms of this agreement. You may not reverse engineer, decompile or disassemble the Software. Any transfer must include the most recent update and all prior versions.
RapidSolution warrants that for a period of 90 days from the date of receipt, the Software will perform substantially in accordance with the accompanying documentation. Any implied warranties on the Software are limited to 90 days or the shortest period permitted by applicable law, whichever is greater. RapidSolution`s entire liability and your exclusive remedy for a breach of this warranty shall be, at RapidSolution`s option, either (a) return of the price paid or (b) repair or replacement of the Software that does not meet RapidSolution`s limited warranty and which is returned to RapidSolution with a copy of your receipt. If failure of the Software has resulted from accident, abuse, or misapplication, this limited warranty shall be void. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. RapidSolution MAKES NO OTHER WARRANTIES TO YOU IN CONNECTION WITH THIS LICENSE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7) NO LIABILITY FOR CONSEQUENTIAL DAMAGES
In no event shall RapidSolution or its suppliers be liable for any other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use this RapidSolution product, even if RapidSolution has been advised of the possibility of such damages.
8) U.S. GOVERMENT RESTRICTED RIGHTSicted Rights
Any use of the RapidSolution by the U.S. Government is conditioned upon the Government agreeing that the Software is subject to Restricted Rights as provided under the provisions set forth in subdivision (c)(1)(ii) of Clause 252.227-7013 of the Defense Federal Acquisition Regulations Supplement, or the similar acquisition regulations of other applicable U.S. Government organizations. The Contractor is RapidSolution Software AG, Haid-und-Neu-Str. 7, Germany.
9) GOVERNING LAW
This Agreement shall be governed exclusively by and be construed in accordance with the laws of Germany, without giving effect to conflict of laws. Any dispute with respect to this Agreement or in connection with the performance or termination thereof, will be brought before the applicable courts in Hannover, Germany, exclusively. Any provision declared invalid shall be modified to the fullest extent possible to reflect the parties` intent as of the Effective Date.
10) LEGAL NOTICE AND DISCLAIMER
Tunebite is offered exclusively for sale to private users. Transfer of the software to third parties and misuse of the software are prohibited. Purchasing a Tunebite license entitles the purchaser to install and use the software on one PC. Using Tunebite subjects the user to ethical and legal obligations. In no event shall RapidSolution Software AG be liable for any direct and/or indirect damages including but not limited to special, consequential, collateral or incidental damages caused by the misuse of Tunebite by a user. Tunebite does not copy music files or defeat copy-protection technology. Its sole legitimate use is to record music being played in other programs for the purpose of creating recordings intended for private use only. Exchanging, selling or giving away such recordings is restricted and/or prohibited by international copyright laws. Any user who installs Tunebite on his or her computer, records music tracks and transfers or makes these recordings available to other individuals is punishable under these laws and may face criminal prosecution by and be liable for damages to the injured party. Individuals who have received music tracks that have been recorded with Tunebite put themselves at the same risk.
11) LIMITATION OF USE
Tunebite Premium does not crack music files. The purpose of Tunebite is to record, for private use only, the audio and video files played by other programs and to make private copies that can be played on mobile devices not able to play copy protected files. Tunebite is offered for purchase only for private means.Basically, protected files should not be copied and handed over to third parties. Tunebite qualifies to copy DRM protected music files, videos or audio books. By recording files while playing, Tunebite disposes of a lossless digital method to convert copy protected WMA, M4P, M4B, WMV and M4V files to MP3, OGG, WMA, WAV, MP4, MPEG-4 or WMV format files. Through this process, a private copy is created only for personal use. RapidSolution Software AG is for the preservation of the artist’s copyright. The creation of pirate copies and transfer on third parties represents an abuse and breach against the purpose of Tunebite software. RapidSolution Software will legally pursue every known abuse or notify the lawfully owner. Online music platforms offer for purchase or download music tracks on the internet in various copy protected formats. As formats there are the Play Fair, Microsoft Digital Rights Management (DRM) and Sony Atrac. The various formats have the aim, by limiting the use in most different ways, to prevent the creation of private copies and abuse. Music or video files recorded with Tunebite are not to be transferred to third parties. The exchange, giving away or sale of these recordings is forbidden by the international laws of copyright and is legally pursued by the rightful owner. For the use of Tunebite by third parties the user in person will be legally pursued. RapidSolution Software AG doesn’t underwrite in case of abuse. A user of Tunebite, who installs this windows software on his PC, will be pursued and has to expect law enforcement if he records music or/and videos and gives them away illegally to other persons. This penal procedure applies also for persons who receive music recorded with Tunebite.