MIXVIBES LICENSE AGREEMENT

BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING THE MIXVIBES SOFTWARE (THE "PRODUCT"), THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT ("LICENSEE") IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED, AND LICENSEE MUST NOT INSTALL OR USE THE PRODUCT.


1. LICENSE: The Product is licensed, not sold. The Product is protected by copyright law and international copyright treaty provisions, as well as other intellectual property laws and treaties. You must not allow copies of the Product or any part of it to be made or distributed to anyone else. You may make backup copies of the software for archival purposes only.

2. LICENSE GRANT:   MixVibes grants Licensee a non-exclusive and non-transferable license to use for personal or business purposes the executable code version of the Product, This license does not entitle Licensee to receive from Mixvibes hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Product. Licensee may not customize or redistribute the Product. In the event Licensee wishes to redistribute or sublicense the Product, either for profit or otherwise, Licensee must first obtain written permission from MixVibes to do so.

3. RESTRICTIONS. Except as otherwise expressly permitted in this Agreement, Licensee may not: (i) modify or create any derivative works of the Product or documentation, including translation or localization; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product (except to the extent applicable laws specifically prohibit such restriction); (iii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Product; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product; or (v) publish any results of benchmark tests run on the Product to a third party without MixVibes's prior written consent.

4. PROPRIETARY RIGHTS. You acknowledge that no title to the intellectual property in the Software is transferred to you. Title, ownership, rights, and intellectual property rights in and to the Software shall remain in MixVibes. The Software is protected by copyright and patent laws of the United States and international treaties. 

5. The Product is licensed for use on a single computer. You may delete the Product from one computer and reinstall it on another, but you may not install the Product on more than one computer at any given time. If you wish to install the Product on more than one computer you must purchase separate copies of the Product for each such computer.

6. LIMITATION OF LIABILITY: You must assume the entire risk of using the program. IN NO EVENT SHALL MIXVIBES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE MIXVIBES SOFTWARE, EVEN IF MIXVIBES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MIXVIBES' LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, PROVIDED.

7. The Product may not be rented, leased, or in any other manner commercially exploited without prior written permission of MixVibes. However, you may transfer this license to use the Product to another party (the "Transferee") on a permanent basis by transferring all parts of the Product to the Transferee. Such transfer of possession terminates your license from MixVibes. The Transferee will be licensed under the terms of this Agreement upon the Transferee's acceptance of this Agreement by its initial use of the Product. Upon notification to MixVibes of the transfer, the Transferee will receive customer support on the same terms you did at the time of the transfer, and the Transferee will receive no support if for any reason you were ineligible for support. If you transfer the Product, you must remove all parts of it, along with any installation devices, from your computer, and you may not retain any parts or copies for your own use.

8. All video, audio, and other content accessed through the Product is the property of the applicable content owner and may be protected by applicable copyright law. This Agreement gives you no rights to such content.

9. If you use the Product to create or distribute audio, video, or other content, MixVibes is not responsible for such content, and you are solely responsible, for the property rights, legality, and regulation of all such content, including but not limited to issues of copyright ownership and obscenity regulation worldwide.

10. TERMINATION. Without prejudice to any other rights, MixVibes may terminate this Agreement if Licensee breaches any of its terms and conditions. Upon termination, Licensee shall destroy all copies of the Product.