White Noise Player distribution permissions and end-user license agreement
WHITE NOISE PLAYER LICENSE AGREEMENT
Copyright (C) 2001-2004 Sardine Software
All Rights Reserved
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING THE SOFTWARE. BY INSTALLING AND 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 INSTALL OR USE THE SOFTWARE.
SOFTWARE LICENSE AGREEMENT
Use of White Noise Player (hereinafter "SOFTWARE") is contingent on your agreement to the following terms:
1. GRANT OF LICENSE
Sardine Software (hereinafter "AUTHOR") grants you a limited, non-exclusive license to use the SOFTWARE.
The SOFTWARE is licensed, not sold, to you for use only under the terms of this Agreement.
Evaluation and Registration
This is not free software. Subject to the terms below, you are hereby licensed to use this SOFTWARE for evaluation purposes without charge for a period of thirty (30) days. If you use this SOFTWARE after the 30-day evaluation period a registration fee is required. If you happen to go over your thirty (30) day evaluation period without realizing it, the SOFTWARE will remain functional as a convenience to those of you who must get critical work done before you have a chance to purchase a license. The registration fee grants you the right to use this SOFTWARE for unlimited time, and allows you to unlock the program to its full potential. When payment is received you will be sent your own personal registration code.
One registered copy of SOFTWARE may either be used by a single person who uses the SOFTWARE personally on one or more computers, or installed on a single workstation used non-simultaneously by multiple people, but not both. You may access the registered version of SOFTWARE through a network, provided that you have obtained individual licenses for the SOFTWARE covering all workstations that will access the SOFTWARE through the network. For instance, if 5 different workstations will access SOFTWARE on the network, each workstation must have its own SOFTWARE license, regardless of whether they use SOFTWARE at different times or concurrently.
2. SCOPE OF GRANT
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. You may not modify, rent, or resell for profit this SOFTWARE, or create derivative works based upon this SOFTWARE. You may not publicize or distribute any registration code algorithms, information, or registration codes used by this SOFTWARE without permission from the AUTHOR.
In no event shall the AUTHOR`s liability exceed the purchase price of the SOFTWARE.
This SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
Only the shareware version of this SOFTWARE may be freely distributed.
Provided that you verify that you are distributing the shareware version, you may distribute this SOFTWARE on on-line services, bulletin boards, or other electronic media provided that it is not modified and the original archive remains intact with all accompanying files, and provided that no fee is charged. This SOFTWARE may be distributed on CD-ROM, disk, or other physical media for a fee without the permission of the AUTHOR.
The license will terminate automatically and the SOFTWARE unregistered if you fail to comply with any of the above terms and conditions. The license may be terminated by either party at any time and without notice.
6. DISCLAIMER OF WARRANTY
THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS WITH RECIPIENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR 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 THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
White Noise Player IS NOT to be used in any form of medical or physical treatment. As with all programs that play sound, you must take care when listening to loud or damaging sounds. AUTHOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS` FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS SOFTWART, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. "COVERED PARTY" MEANS THE AUTHOR, ITS AFFILIATES, ITS LISTEES, AND ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR, AGENT, SUCCESSOR, OR ASSIGN OF COUNSELSEEK, ITS AFFILIATES, AND ITS LISTEES.
When you browse our website, download our software, or participate in our online forums, your ip address, the time and duration of your visit, the web browser you are using, and the pages you view are logged. This information is used to compile statistical reports about how you use our website and ultimately used to improve your browsing experience. If you choose to register for our forums, a valid email address is required, but all other information is optional. Our forums are moderated, and we reserve the right to remove any post we deem inappropriate, and any user account being used inappropriately. The purpose of our website and forums is to provide the best support possible to our valued customers.
Absolutely no personal information is required to download and try out our software. Additionally, while in trial mode, White Noise Player will never send ANY information to us or any of our servers. White Noise Player is yours to try for free, without obligation, and without restriction.
If you choose to register White Noise Player, some personal information is required to complete the purchase. Things like your name/company, address, and billing information like your credit card number is collected. Your billing information is only used to complete the sale, and is NOT stored in any database. All methods of purchase are ssl encrypted and detailed information can be obtained from the website at time of purchase. Your personal information is securely stored, and is never given out to anyone, or used by us for anything other than a purchase record.
We aim to keep your information safe. Credit card fraud, identity theft and software piracy will not be tolerated. We may release any information necessary to comply with the law, protect our software licenses, and foremost to protect our valued customers. We will also work with law enforcement and fraud/credit agencies to ensure the safety of your information.