pcSongster distribution permissions and end-user license agreement
MUSICXOFT, Inc. CUSTOMER AGREEMENT FOR LICENSED PROGRAMS
MUSICXOFT’s pcSongster Player Software
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMET CAREFULLY BEFORE ISTALLING OR ACCESSING THE LICENSED PRODUCTS. BY CLICKING ON THE “ACCEPT” BUTTON BELOW, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT AND REPRESENTING THAT YOU ARE AUTHORIZED TO DO SO.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “DECLINE” BUTTON. YOU WILL NOT BE ABLE TO INSTALL OR USE THIS PROGRAM, AND YOU WILL NOT RECEIVE A REFUND.
These license terms are an agreement between MUSICXOFT, Inc. (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any.
The terms also apply to any MUSICXOFT
• updates,
• supplements,
• Internet-based services, and
• support services
for this software, unless other terms accompany those items. If so, those terms apply. By using the software, you accept these terms. If you do not accept them, do not use the software. .
If you comply with these license terms, you have the rights below for each license you acquire.
1. OVERVIEW.
a. Software. The software includes desktop application software.
b. License Model. The software is licensed on a per copy per device basis.
2. INSTALLATION AND USE RIGHTS.
a. Licensed Device. The licensed device is the device on which you use the software. You may install and use one copy of the software on the licensed device. If you need to install the software on more than one licensed device then you must purchase multiple licenses.
b. Separation of Components. The components of the software are licensed as a single unit. You may not separate the components and install them on different devices.
3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. MUSICXOFT reserves all other rights. You may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not:
• work around any technical limitations in the software;
• reverse engineer, decompile or disassemble the software;
• make more copies of the software than specified in this agreement;
• publish the software for others to copy;
• rent, lease or lend the software; or
• use the software for commercial software hosting services.
4. TERMS AND CONDITIONS OF SALE:
The purchase price for the MusicXoft software products purchased under this agreement is non-refundable after the “purchase now” button is pressed for an internet purchase. If any other purchase mechanism is utilized, then the terms of this paragraph shall apply immediately after the credit card or any other payment method is submitted for approval. You may not return MusicXoft products for refund for any reason or under any circumstances. All sales are final.
5. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
6. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
7. NOT FOR RESALE SOFTWARE. You may not resell this or any MusicXoft software for any reason.
8. ACADEMIC EDITION SOFTWARE. You must be a “Qualified Educational User” to use software marked as “Academic Edition” or “AE.” If you do not know whether you are a Qualified Educational User, visit www.pcsongster.com or contact the MUSICXOFT affiliate serving your country.
9. PROOF OF LICENSE. If you acquired the software on a disc or other media, a genuine MUSICXOFT Proof of License label with a genuine copy of the software identifies licensed software. To be valid, this label must appear on MUSICXOFT packaging. If you receive the label separately, it is invalid. You should keep the packaging that has the label on it to prove that you are licensed to use the software.
10. TRANSFER TO ANOTHER DEVICE. You may not uninstall the software and install it on another device.
11. TRANSFER TO A THIRD PARTY. The user or purchaser of the software may not transfer it to any third party for any reason without expressed written consent of MusicXoft, Inc
12. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.
13. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
14. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Florida state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
15. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.
16. LIMITATION ON AND EXCLUSION OF DAMAGES. You can recover from MUSICXOFT and its suppliers only direct damages up to the amount you paid for the software. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
• anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if
• repair, replacement or a refund for the software does not fully compensate you for any losses; or
• MUSICXOFT knew or should have known about the possibility of the damages.
LIMITED WARRANTY
A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the MUSICXOFT materials that you receive in or with the software.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. The limited warranty covers the software for 30 days after acquired by the user. If you receive supplements, updates, or replacement software during that year, they will be covered for the remainder of the warranty or 5 days, whichever is longer
To the extent permitted by law, any implied warranties, guarantees or conditions last only during the term of the limited warranty.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond MUSICXOFT’S reasonable control.
D. REMEDY FOR BREACH OF WARRANTY. During the warranty period, MUSICXOFT, at its sole option and discretion, will repair or replace the software at no charge. It will also repair or replace supplements, updates and replacement software at no charge. These are your only remedies for breach of the limited warranty]
E. CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your local laws, which this agreement cannot change.
F. WARRANTY PROCEDURES. You need proof of purchase for warranty service.
G. NO OTHER WARRANTIES. The limited warranty is the only direct warranty from MUSICXOFT. MUSICXOFT gives no other express warranties, guarantees or conditions. No employee, partner, distributor (including any reseller) or agent of MusicXoft or any of its resellers or sales agents is authorized to give representations, warranties or covenants greater or different than those contained in this agreement.
H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. The Limitation on and Exclusion of Damages clause above applies to breaches of this limited warranty. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. You may also have other rights which vary from country to country.
MUSICXOFT’s pcSongster Player Software
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMET CAREFULLY BEFORE ISTALLING OR ACCESSING THE LICENSED PRODUCTS. BY CLICKING ON THE “ACCEPT” BUTTON BELOW, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT AND REPRESENTING THAT YOU ARE AUTHORIZED TO DO SO.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “DECLINE” BUTTON. YOU WILL NOT BE ABLE TO INSTALL OR USE THIS PROGRAM, AND YOU WILL NOT RECEIVE A REFUND.
These license terms are an agreement between MUSICXOFT, Inc. (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any.
The terms also apply to any MUSICXOFT
• updates,
• supplements,
• Internet-based services, and
• support services
for this software, unless other terms accompany those items. If so, those terms apply. By using the software, you accept these terms. If you do not accept them, do not use the software. .
If you comply with these license terms, you have the rights below for each license you acquire.
1. OVERVIEW.
a. Software. The software includes desktop application software.
b. License Model. The software is licensed on a per copy per device basis.
2. INSTALLATION AND USE RIGHTS.
a. Licensed Device. The licensed device is the device on which you use the software. You may install and use one copy of the software on the licensed device. If you need to install the software on more than one licensed device then you must purchase multiple licenses.
b. Separation of Components. The components of the software are licensed as a single unit. You may not separate the components and install them on different devices.
3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. MUSICXOFT reserves all other rights. You may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not:
• work around any technical limitations in the software;
• reverse engineer, decompile or disassemble the software;
• make more copies of the software than specified in this agreement;
• publish the software for others to copy;
• rent, lease or lend the software; or
• use the software for commercial software hosting services.
4. TERMS AND CONDITIONS OF SALE:
The purchase price for the MusicXoft software products purchased under this agreement is non-refundable after the “purchase now” button is pressed for an internet purchase. If any other purchase mechanism is utilized, then the terms of this paragraph shall apply immediately after the credit card or any other payment method is submitted for approval. You may not return MusicXoft products for refund for any reason or under any circumstances. All sales are final.
5. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
6. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
7. NOT FOR RESALE SOFTWARE. You may not resell this or any MusicXoft software for any reason.
8. ACADEMIC EDITION SOFTWARE. You must be a “Qualified Educational User” to use software marked as “Academic Edition” or “AE.” If you do not know whether you are a Qualified Educational User, visit www.pcsongster.com or contact the MUSICXOFT affiliate serving your country.
9. PROOF OF LICENSE. If you acquired the software on a disc or other media, a genuine MUSICXOFT Proof of License label with a genuine copy of the software identifies licensed software. To be valid, this label must appear on MUSICXOFT packaging. If you receive the label separately, it is invalid. You should keep the packaging that has the label on it to prove that you are licensed to use the software.
10. TRANSFER TO ANOTHER DEVICE. You may not uninstall the software and install it on another device.
11. TRANSFER TO A THIRD PARTY. The user or purchaser of the software may not transfer it to any third party for any reason without expressed written consent of MusicXoft, Inc
12. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.
13. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
14. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Florida state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
15. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.
16. LIMITATION ON AND EXCLUSION OF DAMAGES. You can recover from MUSICXOFT and its suppliers only direct damages up to the amount you paid for the software. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
• anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if
• repair, replacement or a refund for the software does not fully compensate you for any losses; or
• MUSICXOFT knew or should have known about the possibility of the damages.
LIMITED WARRANTY
A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the MUSICXOFT materials that you receive in or with the software.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. The limited warranty covers the software for 30 days after acquired by the user. If you receive supplements, updates, or replacement software during that year, they will be covered for the remainder of the warranty or 5 days, whichever is longer
To the extent permitted by law, any implied warranties, guarantees or conditions last only during the term of the limited warranty.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond MUSICXOFT’S reasonable control.
D. REMEDY FOR BREACH OF WARRANTY. During the warranty period, MUSICXOFT, at its sole option and discretion, will repair or replace the software at no charge. It will also repair or replace supplements, updates and replacement software at no charge. These are your only remedies for breach of the limited warranty]
E. CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your local laws, which this agreement cannot change.
F. WARRANTY PROCEDURES. You need proof of purchase for warranty service.
G. NO OTHER WARRANTIES. The limited warranty is the only direct warranty from MUSICXOFT. MUSICXOFT gives no other express warranties, guarantees or conditions. No employee, partner, distributor (including any reseller) or agent of MusicXoft or any of its resellers or sales agents is authorized to give representations, warranties or covenants greater or different than those contained in this agreement.
H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. The Limitation on and Exclusion of Damages clause above applies to breaches of this limited warranty. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. You may also have other rights which vary from country to country.
