Please read this document carefully before breaking the seal on the media package. This agreement licenses the enclosed software to you and contains warranty and liability disclaimers.
By breaking the seal on the media envelope, you are confirming to have taken notice of clauses of this agreement and you acknowledge your acceptance of the software as well as your acceptance of the terms of this agreement. If you do not wish to do so, do not break the seal. Instead, promptly return the entire package, including the unopened media package, to the dealer from whom you have obtained it, for a full refund.
1) DEFINITIONS
"EULA means this end user license agreement"
"EZ-Mixer software" means the software program included in the enclosed package, and all related updates supplied by IK Multimedia Production srl - Italy .
"IK Multimedia Product" means the EZ-Mixer software and the related documentation and models and multimedia content (such as animation, sound and graphics) and all related updates supplied by IK Multimedia Production srl - Italy.
"Not for resale (NFR) Version" means a version of IK Multimedia Product, so identified, intended for review and evaluation purposes, only.
2) LICENSE
The "IK Multimedia Product" is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The "IK Multimedia Product" is licensed, not sold.
This EULA grants you the rights as specified here below, All other actions and means of usage are reserved to the written permission of the right holder IK Multimedia Production srl:
Applications Software. The "IK Multimedia Product" may be used only by you. You may install and use one copy of the "IK Multimedia Product", or any prior version thereof for the same operating system, on a single computer.
Storage/Network use. You may also store or install a copy of the "IK Multimedia Product" on a storage device, such as a network server, used only to install or run the "IK Multimedia Product" on your other computers over an internal network; however, you must acquire and dedicate a distinct license for each user of the "IK Multimedia Product" from the storage device. Any given license for the "IK Multimedia Product" may not be shared or used concurrently or otherwise on different computers or by different developers in a given organization.
3) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the "IK Multimedia Product", except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation of components. The "IK Multimedia Product" is licensed as a single product. Its component parts may not be separated for use on more than one computer.
Not for Resale Version. If the "IK Multimedia Product" is labeled "Not for Resale" or "NFR" or "Evaluation Copy", then, notwithstanding other sections of this EULA, you may not sell, or otherwise transfer the "IK Multimedia Product";
Rental. You may not rent, lease, or lend the "IK Multimedia Product" to any party.
Software Transfer. You are not allowed to transfer, license or sublicence your rights as Licensee of the EZ-Mixer software or any IK Multimedia product, as licensed to you under this agreement. The carrier on which the IK Multimedia product has been distributed cannot be transferred or otherwise made available to any third party.
Real Time Broadcasting. Supply of this product only conveys a license for personal, private and non-commercial use and does not convey a license nor imply any rights to use this product in real time broadcasting (terrestrial, satellite, cable or other media) or broadcasting via internet or other networks, such as but not limited to intranets or in pay-audio or audio-on-demand applications. An independent license, for such use is required.
Implementation. Supply of this product does not convey a license nor imply any rights to use this product in any finished end user or ready-to-use final product. An independent license for such use is required.
4) UPGRADES
If the "IK Multimedia Product" is labeled or otherwise identified by IK Multimedia Production srl as an "upgrade", you must be properly licensed to use a product identified by IK Multimedia Production srl as being eligible for the upgrade in order to use the "IK Multimedia Product".
An "IK Multimedia Product" labeled or otherwise identified by IK Multimedia Production srl as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for such upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the "IK Multimedia Product" is an upgrade of a component of a package of software programs that you licensed as a single product, the "IK Multimedia Product" may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
5) DUAL-MEDIA SOFTWARE.
You may receive the "IK Multimedia Product" in more than one medium. Regardless of the type or size of the medium you receive, you may use only that one medium that is appropriate for your single computer. You may not use or install the other medium on another computer, including but not limited to portable under the exclusive control of the registered developer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the "IK Multimedia Product"
6) LIMITED WARRANTY
IK Multimedia Production srl warrants to the original purchaser of the computer software product, for a period of ninety (90) days following the date of original purchase, that under normal use, the software program and the user documentation are free from defects that will materially interfere with the operation of the program as described in the enclosed user documentation.
7) WARRANTY CLAIMS
To make a warranty claim under the above limited warranty, please return the product to the point of purchase, accompanied by proof of purchase, your name, your return address and a statement of the defect, or send the CD to us at the below address within ninety (90) days of purchase. Include a copy of the dated purchase receipt, your name, your return address and a statement of the defect. IK Multimedia Production srl or its authorized dealer will use reasonable commercial efforts to repair or replace the product and return it to you (postage prepaid) or issue to you a credit equal to the purchase price, at its option.
8) LIMITATIONS ON WARRANTY
IK Multimedia Production srl warrants only that the program will perform as described in the user documentation. No other advertising, description or representation, whether made by a IK Multimedia Production srl dealer, distributor, agent or employee, shall be binding upon IK Multimedia Production srl or shall change the terms of this warranty.
EXCEPT AS STATED ABOVE, IK MULTIMEDIA PRODUCTION SRL MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, REGARDING THIS PRODUCT. IK MULTIMEDIA PRODUCTION SRL DISCLAIMS ANY WARRANTY THAT THE SOFTWARE IS FIT FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY OF MERCHANTABILITY SHALL BE LIMITED TO A NINETY (90) DAY DURATION OF THIS LIMITED EXPRESS WARRANTY AND IS OTHERWISE EXPRESSLY AND SPECIFICALLY DISCLAIMED. IK MULTIMEDIA PRODUCTION SRL SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, EVEN IF IK MULTIMEDIA IS ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT IK MULTIMEDIA PRODUCTION SRL SHALL NOT BE RESPONSABLE OR LIABLE FOR THE LOST OF PROFITS OR REVENUES, OR FOR DAMAGES OR COSTS AS A RESULT OF LOSS OF TIME, DATA OR USE OF THE SOFTWARE, OR FROM ANY OTHER CAUSE EXCEPT THE ACTUAL COST OF THE PRODUCT. IN NO EVENT SHALL IK MULTIMEDIA PRODUCTION SRL LIABILITY EXCEED THE PURCHASE PRICE OF THIS PRODUCT.
GENERAL
This Agreement shall be governed by the internal laws of Italy. 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:
IK Multimedia Production srl - Via dell'Industria 46 - 41100 Modena - Italy
