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license.txt
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1996-07-17
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Midisoft Sound Bar(TM) End-User License. Important - Please read before installing or using
your software program.
This Midisoft Sound Bar(TM) End-User License ("Agreement") allows you to use the Sound
Bar(TM) software program ("Sound Bar Software"), provided you agree to the terms of this
Agreement. This Agreement is a binding legal contract between you (as either an
individual or entity), and Midisoft Corporation ("Midisoft"). By installing or using the
Sound Bar Software, you signify that you agree to be bound by this Agreement's terms
and conditions, below. If you do not agree to abide by the terms and conditions of this
Agreement for the full duration of your use of the Sound Bar Software, you must
immediately terminate your use of the Sound Bar Software and you must delete it
completely from all your computer memory (use the uninstall software included with the
program).
Special "Double License" for Sound Bar Customers. Any customer who acquires the
Sound Bar Software for value from a vendor ("Customer") is licensed to use the Sound
Bar Software in accordance with the terms of this Agreement AND that Customer is also
entitled, one time only, to make a single, full copy of the Sound Bar Software for the
purpose of giving that copy to one other person ("Friend") for the Friend's individual
installation and use of the Sound Bar Software on a separate single computer, so long
as the Friend also agrees to abide by the terms of this Agreement. The Friend is also
entitled to become a registered user of the Sound Bar Software, provided the Friend
completes and returns the second Midisoft registration form, provided with the
Customer's retail copy of the Sound Bar Software. The Friend has no entitlement to
further copy and transfer the Sound Bar Software, other than in accordance with this
Agreement's terms, below, nor may the Customer further copy and transfer the Sound
Bar Softwate after the first transfer to a Friend, other than in accordance with this
Agreement's terms, below.
MIDISOFT LICENSE AGREEMENT
1. GRANT OF RIGHTS.
(a) Midisoft's Sound Bar Software is licensed, not sold, to you by Midisoft, or its
licensed marketing agents, and is protected by United States copyright and
intellectual property laws, and the laws of other countries under international
treaty. Midisoft grants to you the right to use one copy of the Sound Bar Software
on a single computer at any one time. You may make one additional copy of the
Sound Bar Software solely for backup or archival purposes only. You may not
make more than one copy of the Sound Bar Software, for use on another
computer, without first obtaining a license for use of additional Software copies
form Midisoft. You may not reverse engineer, decompile, disassemble, copy,
create a derivative work, or otherwise use the Sound Bar Software, except as
stated in this Agreement.
(b) You may transfer the Sound Bar Software for use on another single computer,
provided no copies of the Sound Bar Software are concurrently retained for use
on any other computer. You may not loan, rent or lease this Sound Bar Software,
but you may transfer your rights under this Agreement on a permanent basis,
provided you transfer to the recipient this Agreement, all your copies of the
Sound Bar Software, and any accompanying written materials, AND the recipient
agrees to the terms of this Agreement.
2. LIMITATION OF WARRANTY AND LIABILITY. The Sound Bar Software is licensed to
you AS IS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MIDISOFT
MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
REGARDING THIS SOFTWARE. IN NO EVENT WILL MIDISOFT CORPORATION OR ITS
LICENSED MARKETING AGENTS BE LIABLE TO YOU OR YOUR ASSIGNS FOR
DAMAGES, INCLUDING ANY LOST PROFITS, LOST INFORMATION, BUSINESS
INTERRUPTION, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF YOUR USE OF OR INABILITY TO USE THE - SOFTWARE, EVEN IF MIDISOFT
CORPORATION OR ITS LICENSED MARKETING AGENTS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow excluding or limiting
implied warranties, or limiting liability for incidental or consequential damages, and
some jurisdictions have special statutory consumer protection provisions that may
supersede this limitation. As a result, this limitation may not apply to you if prohibited by
the laws of your jurisdiction.
3. GENERAL. If any provision of this Agreement is found to be unlawful, void or
unenforceable, then that provision shall be severed from this Agreement and will not
affect the validity or enforceability of any of the remaining provisions. This Agreement is
governed by the laws of the State of Washington, U.S.A.
4. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND. The Software and any
accompanying materials are provided with Restricted Rights. Use, duplication, or
disclosure by the U.S. Government and agencies thereof is subject to restrictions set
forth herein and in subparagraphs (c)(l) and (2) of 48 CFR 52.227-19, Commercial
Computer Software- Restricted Rights, as applicable (or, as applicable, similar regulatory
restrictions on Rights in Technical Data and Computer Software, e.g., DOD FAR
Supplement 252.227-7013 (c)(l)(ii)). All unpublished rights of Midisoft Corporation
reserved under U.S. copyright and intellectual property laws. Manufacturer is Midisoft
Corporation, 1605 N.W. Sammamish Road, Suite 205, Issaquah, WA 98027.