» version 2005 - posted on 2005-02-27
EULA - End User License Agreement
READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE USING Easy MP3 Mix.
This software program (the "Program") are the copyrighted work of Airwer Limited
All use of the Program is governed by the terms of the End User License Agreement which is provided below ("License").
The Program is solely for use by end users according to the terms of the License.
Any use, reproduction or redistribution of the Program not in accordance with the terms of the License is expressly prohibited.
END USER LICENSE AGREEMENT
1. Limited Use License.
Airwer Limited, ("the Licensor") hereby grants, and by using the Program you thereby accept, a limited, non-exclusive license and right to install and use one (1) copy of the Program for your use on one (1) computer.
The Program is licensed not sold. Your license confers no title or ownership in the Program.
All title, ownership rights and intellectual property rights in and to the Program and any and all copies thereof (including but not limited to any titles, computer code, concepts, artwork, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Program) are owned by the Licensor.
The Program is protected by the English copyright laws , international copyright treaties and conventions and any other applicable laws. All rights are reserved.
3. Responsibilities of End User.
A. Subject to the Grant of License herein above, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, create derivative works based on the Program, or remove any proprietary notices or labels on the Program without the prior consent, in writing, of the Licensor.
B. The Program is licensed to you as a single product. Its component parts may not be separated for use on more than one computer.
C. You are entitled to use the Program for your own use, but you are not be entitled to:
(i) sell, grant a security interest in or transfer reproductions of the Program to other parties in any way, nor to rent, lease or license the Program to others without the Licensor prior written consent ;
(ii) publish and/or distribute the computer databases or any other content of the Program
This License is effective until terminated. You may terminate the License at any time by destroying the Program and any New Material. The Licensor may, at its discretion, terminate this License in the event that you fail to comply with the terms and conditions contained herein. In such event, you must immediately destroy the Program and any New Material.
5. Export Controls.
The Program may not be re-exported, download or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or anyone on the U.S. Treasury Department's list of Specially Designated National or the U.S. Treasury Department's Table of Denial Orders. By installing the Program, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
6. Limited Warranty.
THE LICENSOR EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE PROGRAM. THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE LICENSOR FURTHER DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY YEAR COMPLIANCE OF THE SOFTWARE. SPECIFICALLY, THE LICENSOR MAKES NO WARRANTIES THAT THE PERFORMANCE OR FUNCTIONALITY OF THE PROGRAM WILL NOT BE AFFECTED BY ANY DATES.
The entire risk arising out of use or performance of the Program remains with you,
7. Limitation of Liability.
THE LICENSOR (AIRWER LIMITED) SHALL NOT BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM.
INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.
8. Equitable Remedies.
You hereby agree that the Licensor would be irreparably damaged if the terms of this License were not specifically enforced, and therefore you agree that the Licensor shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License, in addition to such other remedies as the Licensor may otherwise have available to it under applicable laws.
The License shall be deemed to have been made and executed in England, and any dispute arising hereunder shall be resolved in accordance with the English law. This License may be amended, altered or modified only by an instrument in writing, specifying such amendment, alteration or modification, executed by both parties.
In the event that any provision of this License shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this License shall remain in full force and effect.
You hereby acknowledge that you have read and understand the foregoing License and agree that the action of using the Program is an acknowledgement of your agreement to be bound by the terms and conditions of the License contained herein. You also acknowledge and agree that this License is the complete and exclusive statement of the agreement between the Licensor and you and that the License supersedes any prior or contemporaneous agreement, either oral or written, and any other communications between the Licensor and you including any inconsistent written license agreement or on-line help accompanying the Program.
If you request our software via the internet The Consumer Protection (Distance Selling) Regulations 2000 allows you to cancel your order within seven working days of transmitting your request to us. The aim of our service is to provide software which often means the software will have been dispatched well before the seven days expire. Because of this your right to cancel is restricted in accordance with section 13.1.a of the regulations so that once we have sent the software to you you will not be entitled to cancel and will be responsible for the payment of our costs. By submitting instructions to us you agree to waive your right to cancel under the regulations. For the avoidance of all doubt you agree that the point at which instructions are sent to us is when you transmit your payment details to us.
Any of the above does not affect you statutory rights.
Easy MP3 Mix is a Trademark owned by Airwer Ltd 1994 - 2005.