DOBLON IS WILLING TO LICENSE THIS SOFTWARE TO YOU ONLY IF YOU ACCEPT ALL OF THE TERMS IN THIS LICENCE AGREEMENT ("AGREEMENT"). PLEASE READ THE TERMS CAREFULLY BEFORE YOU COMPLETE THE INSTALLATION OR USE THIS SOFTWARE, BECAUSE BY DOING SO YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DOBLON WILL NOT LICENSE THIS SOFTWARE TO YOU AND YOU MUST ABORT THE INSTALLATION IMMEDIATELY. TO USE THIS SOFTWARE WITHOUT ACCEPTING THE TERMS OF THIS AGREEMENT CONSTITUTES A BREACH OF COPYRIGHT.
1. Definitions
(a) "Software", the object code of the computer program known as Power CD+G Burner which includes any modifications carried out by us or on our behalf.
(b) "Intellectual Property Rights" or "IPR", all intellectual property rights including, without limitation, patents, trade marks, design rights, copyright, database rights, moral rights (whether or not any of these is registered and including any applications for registration of any such rights), know-how, confidential information and trade secrets and all rights or forms of protection of a similar nature or having similar effect to any of these which may exist or come into existence in the future anywhere in the world.
(c) "Licence", the licence to use the Software under this Agreement.
(d) "Licensor", DOBLON.
2. Licence Terms
"We", "us" and "our" refers to DOBLON. "You" and "your" refers to the individual that proposes to install and/or use the Software.
3. What This Licence Agreement Covers
(a) You are granted a non-exclusive licence to use the evaluation version of the Software subject to the terms and conditions of this Agreement.
(b) If your equipment or computer systems are inoperative, you may use the Software temporarily on any backup equipment or systems owned, leased or operated by you. If you sell any of this equipment, you will ensure that the Software has previously been deleted from it.
(c) You may make as many backup copies as are reasonably necessary for your lawful use of the Software.
(d) You shall not modify or remove any copyright or proprietary notices on the Software and you shall reproduce such notices on any copies or part-copies of the Software in the form in which they appear on the original.
(e) You shall not decompile, reverse engineer, disassemble or otherwise reduce any part of the Software to human readable form nor permit any third party to do so.
(f) You may redistribute the Software to third parties only on condition that any third party receiving the Software also agrees to be bound by the terms of this Agreement.
(g) You shall not, and shall not permit any third party, except as expressly provided in this Agreement, to copy, make corrections to or otherwise modify or adapt the Software or create derivative works based upon the Software.
(h) The activation code issued for you by DOBLON grants you the right to use full version of the Software on a single computer subject to the terms and conditions of this Agreement.
(i) You shall not disclose the activation code that unlocks the installation of the Software. You shall protect the activation code and hold it secret. If your activation code is disclosed to anyone else or to the public you will be held responsible for the damage to us.
4. Ownership and Restrictions
(a) We retain all ownership and Intellectual Properly Rights relating to the Software.
(b) You may not:-
(i) re-license, sub-license, rent, lease, timeshare, or act as a service bureau or provide subscription services for the Software;
(ii) assign this Agreement or give the Software or an interest in the Software to another individual or entity.
(c) You agree that you shall comply with all relevant import and export laws, rules and regulations affecting the Software or any portion of it.
5. Disclaimer
THE SOFTWARE IS LICENSED TO YOU "AS IS", WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR ANY PARTICULAR PURPOSE OR THAT IT DOES NOT INFRINGE THE PROPERTY RIGHTS OF ANY THIRD PARTY. FURTHERMORE, THE LICENSOR ACCEPTS NO LIABILITY FOR INJURY OF ANY KIND RESULTING FROM THE PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE.
6. Intellectual Property
(a) If someone makes a claim against you that our Software infringes their intellectual property rights, you must:
(i) notify us promptly in writing, not later than thirty (30) days after you receive notice of the claim, or sooner if required by applicable law;
(ii) give us sole control of the defence and any settlement negotiations; and
(iii) give us the information, authority, and assistance we need to defend against or settle the claim.
(b) If you are notified or otherwise consider that any part of our Software may have violated someone else's IPR, it is recommended that you immediately cease using the Software.
(c) Power CD+G Burner is a GUI frontend to CDRDAO software released on GPL license. CDRDAO is not a part of Power CD+G Burner software. Complete source code for CDRDAO is available from http://www.powerkaraoke.com/download/CDRDAO.taz.bz2.
7. No Liability
THE LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, REVENUE, DATA OR DATA USE.
8. Miscellaneous
(a) No delay, neglect or forebearance by either party in enforcing any term or condition of this Agreement shall be, or be deemed to be, a waiver nor shall it in any way prejudice any right of that party under this Agreement.
(b) This Agreement shall constitute the entire extent of the Agreement between the parties regarding its subject matter and supersedes any prior agreement, understanding, arrangement, statement or representation made between them whether oral or in writing. If any term of this licence agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.
(c) No variation of, or amendment to, this Agreement shall be of any force or effect unless made in writing and signed by duly authorised representatives on behalf of both parties.
(d) The Licensor may assign all or any of its rights and/or obligations in relation to this Agreement without limitation and without notice in its sole and absolute discretion.
(e) Any notices and other communications required or permitted to be given under this Agreement shall be in writing and shall be delivered or transmitted to:
(i) us at the address as then set out at http://www.powerkaraoke.com/;
(ii) you at such contact address (including e-mail) as provided by you
or such other address as either party may notify to the other from time to time. Any notice shall be treated as having been served on delivery if delivered by hand or sent by e-mail with an electronic or other acknowledgement of such being available and four days after posting if sent by pre-paid post.
(f) The construction, validity, performance and all matters relating to this Agreement shall be governed by Polish law and the parties irrevocably submit to the exclusive jurisdiction of the Polish courts.
