THIS SOFTWARE END USER LICENSE AGREEMENT ("License Agreement") IS A LEGAL AGREEMENT BETWEEN YOU AND VIVA MEDIA LLC. PLEASE READ IT CAREFULLY BEFORE USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION, RESTRICTIONS AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THIS SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN UNINSTALL THE SOFTWARE FROM YOUR COMPUTER AND RETURN IT TO THE STORE YOU BOUGHT IT FOR A FULL REFUND.
1. License.
(a) Viva Media LLC licenses the application(s), demonstrations, data files, graphic images, and other software accompanying this License Agreement, whether on disk, compact disc, in read-only memory, or on any other media (the "Software"), and the related documentation to you.
(b) You own the media on which the Software is recorded but Viva Media LLC and its licensors retains all rights to the Software and related documentation.
(c) This License Agreement allows you to use the Application Software on a single computer. You are allowed to make a single copy of the Application Software in machine-readable form for backup purposes only.
(d) Provided that another party reads and agrees to accept the terms and conditions of this License Agreement you may transfer all your license rights in the Application Software, the backup copy of the Application Software, the related documentation and a copy of this License to another party.
2. Restrictions.
(a) In order to protect the owners, licensees and licensors of copyrighted material, trade secrets and other proprietary material contained in the Software you may not reverse engineer, decompile, disassemble or otherwise reduce the Software in any way.
(b) You may not create, rent, lease or distribute derivative works based upon the Software in whole or in part or electronically transmit the Application Software or parts of the Software from one computer to another over the Internet or any other kind of network.
3. Warranty and Limitation of Liability
(a) Viva Media LLC warrant the media (CD-ROM) to be free from material physical defects for a period of 6 month after the date of purchase. If such a defect is found, return the media (CD-ROM) along with the dated proof of purchase to Viva Media LLC for replacement. This warranty is not applicable to normal wear and tear, and shall be void if the defect in the product is found to be as a result of abuse, unreasonable use, mistreatment or neglect of the product.
(b) Except as provided above, the Software is provided ΓÇ£as isΓÇ¥ without any express or implied warranty of any kind including warranties of merchantability or fitness for a particular purpose.
(c) Viva Media shall not be liable to you or any third party direct, indirect, special, incidental, punitive, cover or consequential damages (including but not limited to, damages for the inability to use equipment or access data, loss of business, loss of profits, business interruption or the like), arising out of the use of, or the inability to use, the Software and based on any theory of liability including breach of contract.
(d) The foregoing limitations on liability are intended to apply to all aspects of this License Agreement.
(e) Some states do not allow limitations on certain warranties and/or limitations of incidental or consequential damages, so the foregoing limitations and/or exclusions of liability may not apply to you. You may also have other rights that vary from state to state.
3. Termination.
(a) This License is effective until terminated.
(b) This License will terminate immediately without notice from Viva Media LLC if you fail to comply with any provision of this License.
(c) You may terminate this License at any time by destroying the Software and all copies of the Software and related documentation thereof.
(d) Upon termination you must destroy the Software and all copies of the Software and the related documentation thereof.
4. Governing Law.
(a) This License Agreement is construed under and shall be governed by the laws of the State of New York.
(b) If for any reason a court of competent jurisdiction finds any provision of this License Agreement or portion thereof to be unenforceable, the remainder of this License Agreement shall continue in full force and effect. The unenforceable provision shall be replaced by an enforceable provision of the content as close as possible to the intent of the unenforceable provision.
5. Complete Agreement.
This License Agreement constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation, and supersedes all prior understandings or agreements, written or oral, regarding such subject matter. Any amendment to or modification of this License Agreement will be binding only if made in writing and signed by an authorized representative of Viva Media LLC.
