This software is owned by DARTECH or its suppliers and is protected by copyright laws and international copyright treaties as well as other intellectual property laws and treaties. The software is licensed not sold.
1. Definitions.
a) "DARTECH" means the name of the company that manufactures the DART Products. The company name is DARTECH, Inc.
b) "DART Software" means the software programs included in the enclosed package, and all related updates supplied by DARTECH, INC. DART Software includes, DART PRO 32, DART CD-Recorder, DART DeClick, DART DeHiss and other DART products sold by DARTECH, Inc.
c) "DART Product" means the DART Software and the related documentation and multimedia content (such as animation, sound and graphics), and all related updates supplied by DARTECH.
2. License. This agreement allows you to (a) Use the DART Software on a single computer; (b) Make upto three (3) copies of the DART Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the DART Software.
3. Restrictions. You may not make or distribute copies of the DART Product, or electronically transfer the DART Software from one computer to another or over a network. You may not decompile, reverse engineer, disassemble, or otherwise reduce the DART Software to a human-perceivable form, except to the limited extent expressly permitted by applicable law. You may not modify, rent, resell for profit, distribute or create derivative works based upon the DART Software or any part thereof. You will not export or reexport, directly or indirectly, the DART Product into any country prohibited by the United States Export Administration Act and the regulations thereunder.
4. Ownership. The foregoing license gives you limited rights to use the DART Software. Although you owned the media on which the DART Software is recorded, you do not become the owner of, and DARTECH retains title to the DART Product, and all copies thereof. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by DARTECH.
5. Limited Warranties. DARTECH warrants that, for a period of ninety (90) days from the date of delivery (as evidenced by a copy of your receipt): (a) when used with a recommended hardware configuration, the DART Software will perform in substantial conformance with the documentation supplied as part of the DART Product; and (b) that the media on which the DART Software is furnished will be free from defects in materials and workmanship under normal use. EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY, DARTECH DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IF APPLICABLE LAW IMPLIES ANY WARRANTIES OR CONDITIONS WITH REPSECT TO THE DART PRODUCT, ALL SUCH WARRANTIES OR CONDITIONS ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. No oral or written information or advice given by DARTECH, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty.
6. Exclusive Remedy. Your exclusive remedy under Section 5 is to return the DART Software to the place you acquired it, with a copy of your receipt and a description of the problem. DARTECH will use reasonable commercial efforts to supply you with a replacement copy of the DART Software that substantially conforms to the documentation, provide a replacement for the defective media, or refund to you your purchase price for the DART Software, at its option. DARTECH shall have no responsibility with respect to DART Software that has been altered in any way, if the media has been damaged by accident, abuse or misapplication, or if the nonconformance arises out of use of the DART Software in conjunction with software not supplied by DARTECH.
7. Limitations of Damages. DARTECH SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF DARTECH OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
8. General. This Agreement shall be governed by the internal laws of the State of Minnesota, USA. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this Agreement shall be directed to: DARTECH, Inc, 7600 France Avenue South, Suite 550, Minneapolis, MN 55435, Attention: Chief Financial Officer.
9. CDDB. This application contains software from CDDB,Inc.of Berkeley California (ôCDDB ö).The software from CDDB (the ôCDDB Client ö)enables this application to do online disc identification and obtain music-related information, including name,artist,track and title information (ôCDDB Data ö)from online servers (ôCDDB Servers ö)and to perform other functions.
You agree that you will use CDDB Data,the CDDB Client and CDDB Servers for your own personal non-commercial use only.You agree not to assign,copy,transfer or transmit the CDDB Client or any CDDB Data to any third party.YOU AGREE NOT TO USE OR EXPLOIT CDDB DATA,THE CDDB CLIENT,OR CDDB SERVERS,EXCEPT AS EXPRESSLY PERMITTED HEREIN.
You agree that your non-exclusive license to use the CDDB Data,the CDDB Client and CDDB Servers will terminate if you violate these restrictions.If your license terminates,you agree to cease any and all use of the CDDB Data,the CDDB Client and CDDB Servers.CDDB reserves all rights in CDDB Data,the CDDB Client and the CDDB Servers,including all ownership rights.You agree that CDDB,Inc.may enforce its rights under this Agreement against you directly in its own name.
The CDDB Client and each item of CDDB Data are licensed to you ôAS IS.ö CDDB makes no representations or warranties,express or implied,regarding the accuracy of any CDDB Data from in the CDDB Servers.CDDB reserves the right to delete data from the CDDB Servers or to change data categories for any cause that CDDB deems sufficient.No warranty is made that the CDDB Client or CDDB Servers are error-free or that functioning of CDDB Client or CDDB Servers will be uninterrupted.CDDB is not obligated to provide you with any new enhanced or additional data types or categories that CDDB may chose to provide in the future.
CDDB DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED,INCLUDING,BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE,TITLE AND NON-INFRINGEMENT.CDDB does not warrant the results that will be obtained by your use of the CDDB Client or any CDDB Server.IN NO CASE WILL CDDB BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTIAL DAMAGES OR FOR ANY LOST PROFITS,OR LOST REVENUES.
DART, Digital Audio Restoration Technology, is a registered trademark of DARTECH, Inc a subsidiary of ZH Computer, Inc. DART PRO 32, DART CD-Recorder, DART DeClick, DART DeHiss and the DART logos are trademarks of DARTECH, Inc. Other names may be trademarks or registered trademarks of their respective companies.
