END USER LICENSE AGREEMENT for VIRTUOSA and VIRTUOSA GOLD, from FUNVIBES
IMPORTANT--READ CAREFULLY: FUNVIBES licenses the accompanying software to you only upon the condition that you accept all of the terms contained in this End User License Agreement (referred to as "EULA" for the purpose of this document). This is a legal agreement between FUNVIBES and you for the licensing of the VIRTUOSA software program, which includes computer software, associated media and printed materials (if any), and may also include online or electronic documentation (referred to as the "SOFTWARE PRODUCT" for the purpose of this document). The SOFTWARE PRODUCT, which accompanies this license, is the property of FUNVIBES or its licensors and is protected by copyright and intellectual property laws, as well as by international copyright and intellectual property treaties. While FUNVIBES continues to own the SOFTWARE PRODUCT, you will have certain rights to use the SOFTWARE PRODUCT after your acceptance of this EULA. Please read all the terms of the EULA carefully before continuing installation. PRESSING THE "YES" BUTTON, INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE PRODUCT WILL INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THE TERMS OF THE EULA. IF YOU DO NOT AGREE TO THE TERMS, PLEASE PRESS THE "NO" BUTTON TO EXIT INSTALLATION, AS FUNVIBES WOULD BE UNWILLING TO LICENSE THE SOFTWARE TO YOU.
1. GRANT OF LICENSE: the EULA grants you the following rights: USE and COPY. FUNVIBES grants you the rights to copy and use the SOFTWARE PRODUCT on as many personal computers as you own, but not over a network. If you are an entity, such as a corporation, and not an individual, you must have a separate EULA for each individual who uses the SOFTWARE PRODUCT You may make a reasonable number of copies of the SOFTWARE PRODUCT for backup and archival purposes.
FUNVIBES may, but is not obligated to, provide you with updates or upgrades of the SOFTWARE PRODUCT (referred to as the "UPDATES"), for free or subject to payment of additional license fees. Use of any UPDATE is subject to the terms of this EULA. By installing, copying or otherwise using any such UPDATE, you agree to be bound by the terms of this EULA with respect to such UPDATE.
2. RESTRICTIONS:
-- You may not use the SOFTWARE PRODUCT to reproduce, transmit, perform or distribute copyrighted materials for commercial purposes, or to engage in any activity that will violate the rights of third parties, including, without limitation, through the use, public display, public performance, or communications of materials that infringe copyrights, trademarks, publicity rights, privacy rights, or other proprietary rights, unless you have the express, written permission of the owners of those rights. Under the copyright laws of certain countries you may, under certain circumstances, make limited copies of properly purchased recordings of songs or other audio material for your personal, non-commercial use. If you make copies of copyrighted material for improper purposes, you are in violation of your EULA, and you may be subject to lawsuit by the copyright owners and, potentially, criminal prosecution. Therefore, you warrantee that you will abide by all copyright legislation laws associated with sound recordings and or audio in your country, and furthermore, that you will not copy, transmit, perform or distribute any audio or other content using the software without obtaining all necessary copyright and other permissions. Any failure to obtain such permissions constitutes a material breach of this agreement, shall cause irreparable harm to FUNVIBES, and shall entitle FUNVIBES to receive equitable relief for such failure.
-- You must maintain all copyright notices on all copies of the SOFTWARE PRODUCT.
-- You may not reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the SOFTWARE PRODUCT, or create derivative works from the SOFTWARE PRODUCT, as prescribed, for example, in directive EEC 91-250 for the purposes of distribution in the European Union and by the relevant intellectual property laws in the respective countries.
-- You may not distribute copies of the SOFTWARE PRODUCT to third parties.
-- You may not export the SOFTWARE PRODUCT to any country, entity or person to which export would be illegal.
-- You may not sublicense, assign, redistribute, rent or lease the SOFTWARE PRODUCT or any portion of it.
-- You may permanently transfer all of your rights under this EULA only in conjunction with a permanent transfer or destruction of all copies that you have made of the SOFTWARE PRODUCT.
-- You may not circumvent or disable any technological features or measures in the SOFTWARE PRODUCT for protection of intellectual property rights. DIGITAL RIGHTS MANAGEMENT SYSTEMS ("DRMs"): the SOFTWARE PRODUCT may include third party DRMs as Plug-in components which are subject to their own license agreements. DRMs are designed to manage and enforce intellectual property rights in digital content purchased over the Internet. You may not take any action to circumvent or defeat the security or content usage rules provided or enforced by either the DRM or the SOFTWARE PRODUCT. DRMs may be able to revoke your ability to use applicable content. FUNVIBES is not responsible for the operation of the DRM in any way, including revocation of your content. FUNVIBES is not responsible for any communications to or from any third party DRM provider, or for the collection or use of information by third party DRMs. You consent to the communications enabled and/or performed by the DRM, including automatic updating of the DRM without further notice. You agree to indemnify and hold harmless FUNVIBES for any claim relating to your use of a third party DRM.
- You will not use the SOFTWARE PRODUCT to engage in or allow others to engage in any illegal activity.
- You may not claim any partnership or sponsorship by, endorsement by, or affiliation with FUNVIBES.
3. COPYRIGHT: all title and copyrights in and to the SOFTWARE PRODUCT and any copies thereof are owned by FUNVIBES or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content.
4. NO WARRANTY: THE SOFTWARE PRODUCT IS LICENSED TO YOU "AS IS" AND ANY USE OF THE SOFTWARE PRODUCT IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUNVIBES AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
5. HIGH RISK ACTIVITIES: the SOFTWARE PRODUCT is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the SOFTWARE PRODUCT could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, FUNVIBES and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. You agree that FUNVIBES and its suppliers will not be liable for any claims or damages arising from the use of the SOFTWARE PRODUCT in such applications.
6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FUNVIBES, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS OR RELATED PARTIES THEREOF BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, SIMILAR OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER LOSS) REGARDLESS OF CAUSE OR FORM OF ACTION, INCLUDING CONTRACT, TORT OR NEGLIGENCE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF FUNVIBES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY: FUNVIBES' AND ITS SUPPLIERS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS END USER LICENSE SHALL NOT EXCEED ONE DOLLAR (US $1.00) OR THE TOTAL AMOUNT YOU PAID FOR THE SOFTWARE PRODUCT, WHICHEVER IS GREATER.
8. FORCE MAJEURE: under no circumstances shall FUNVIBES be liable for any delay or failure in performance under this EULA resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties.
9. PRIVACY: FUNVIBES does not share with third parties any personal information you provide in connection with the SOFTWARE PRODUCT, without first obtaining your informed consent. FUNVIBES sends you email regarding products and services only if you have indicated you wish to receive email from FUNVIBES. You can remove yourself from FUNVIBES' emailing list at any time. FUNVIBES maintains controls to provide security over personal information, including credit card details, during and after the purchase process. FUNVIBES does not associate your personal information with usage behavior from its products unless FUNVIBES has received your informed consent to do so.
10. ENTIRE AGREEMENT This EULA constitutes the entire agreement between FUNVIBES and you, with respect to its subject matter, and supersedes any and all written or oral agreements previously existing between the parties with respect to such subject matter. Any modifications of this EULA must be in writing. This EULA will bind and inure to the benefit of each party's successors and assigns, provided that you may not assign this EULA, in whole or in part, without FUNVIBES' prior written consent. If any provision of this EULA is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this EULA will not be affected. No failure of either party to exercise or enforce any of its rights under this EULA will act as a waiver of such rights.
11. MISCELLANEOUS: the laws of Switzerland govern this EULA. Should you have any questions concerning this EULA, or if you desire to contact FUNVIBES for any reason, please write to FUNVIBES via email at info@virtuosa.com.
CDDB TERMS OF USE This application contains software from Escient Corporation ("CDDB"). The software from CDDB (the "CDDB Client") enables this application to do online disc identification and obtain music-related information, including name, artist, track, and title information ("CDDB Data") from online servers ("CDDB Servers") 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 "AS IS." 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 INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.
Music CD-related data is provided through the Internet from the Escient« CDDB Music CD Database. Copyright ⌐ 1998 Escient Corporation. All rights reserved. Escient is a registered trademark of Escient Corporation. CDDB, the Escient CDDB Logo, and the CDDB Server Access Sound are trademarks of Escient Corporation.
MPEG Layer-3 audio compression technology licensed by Fraunhofer IIS and THOMSON multimedia.
Microsoft, Windows Media, and the Windows logo are trademarks or registered trademarks of Microsoft Corporation in the United States and/or in other countries. Portions of the DRM elements of the SOFTWARE PRODUCT are based upon Microsoft Windows Media Technologies. Copyright 1999-2001 Microsoft. All rights reserved.
Virtuosa Gold (Phoenix) is a trademark of FunVibes. Pentium is a trademark of Intel. Sound Blaster is a trademark of Creative Labs, inc. Windows is a trademark of Microsoft. All other trade names are the property of their respective owners.
All of the sound recordings included in Virtuosa are used courtesy of the respective tracks owners and are also available on http://www.virtuosa.com/music
Please remember: the unauthorized copying, hiring, lending, public performance and broadcasting of the sound recordings are prohibited without the consent of the respective owners.
