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- END-USER LICENSE AGREEMENT FOR QSOUND LABS IQ SOFTWARE
-
- IMPORTANT-READ CAREFULLY: This QSound Labs End-User License
- Agreement ("License") is a legal agreement between you
- (either an individual or a single entity) and QSound Labs,
- Inc. for the QSound Labs software product identified above,
- which includes computer software and associated media and
- printed materials, and may include "online" or electronic
- documentation ("SOFTWARE"). By installing, copying, or
- otherwise using the SOFTWARE, you agree to be bound by the
- terms of this License. If you do not agree to the terms of
- this License, promptly return the unused SOFTWARE to the
- place from which you obtained it for a full refund (if the
- SOFTWARE is not a demo) of the purchase price.
-
- SOFTWARE LICENSE
-
- The SOFTWARE is protected by copyright laws and
- international copyright treaties, as well as other
- intellectual property laws and treaties. The SOFTWARE is
- licensed, not sold or otherwise transferred.
-
- 1. GRANT OF LICENSE. This License grants you the following
- rights:
-
- a. You may use one copy of the QSound Labs Software
- Product identified above on a single computer. The
- SOFTWARE is in "use" on a computer when it is
- loaded into temporary memory (i.e., RAM) or
- installed into permanent memory (e.g., hard disk,
- CD-ROM, or other storage device) of that computer.
- However, installation on a network server for the
- sole purpose of internal distribution to one or
- more other computer(s) shall not constitute "use"
- for which a separate license is required, provided
- you have a separate license for each computer to
- which the SOFTWARE is distributed.
-
- b. Solely with respect to electronic documents
- included with the SOFTWARE, you may make an
- unlimited number of copies (either in hardcopy or
- electronic form), provided that such copies shall
- be used only for internal purposes and are not
- republished or distributed to any third party.
-
- 2. UPGRADES. If the SOFTWARE is an upgrade, whether from
- QSound Labs or another supplier, you may use or
- transfer the SOFTWARE only in conjunction with upgraded
- product. If the SOFTWARE is an upgrade from a QSound
- Labs product, you may now use that upgraded product
- only in accordance with this License.
-
- 3. COPYRIGHT. All title and copyrights in and to the
- SOFTWARE (including but not limited to any images,
- photographs, animations, video, audio, music, text, and
- "applets" incorporated into the SOFTWARE), the
- accompanying printed materials, and any copies of the
- SOFTWARE are owned by QSound Labs or its suppliers. The
- SOFTWARE is protected by copyright laws and
- international treaty provisions. Therefore, you must
- treat the SOFTWARE like any other copyrighted material
- except that you may either (a) make one copy of the
- SOFTWARE solely for backup or archival purposes or (b)
- install the SOFTWARE on a single computer provided you
- keep the original solely for backup or archival
- purposes. You may not copy the printed materials
- accompanying the SOFTWARE.
-
- 4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
-
- a. Limitations on Reverse Engineering, Decompilation,
- and Disassembly. You may not reverse engineer,
- decompile, or disassemble the SOFTWARE, except and
- only to the extent that such activity is expressly
- permitted by applicable law notwithstanding this
- limitation.
-
- b. No Separation of Components. The SOFTWARE is
- licensed as a single product and neither the
- software programs comprising the SOFTWARE or any
- UPDATE may be separated for use by more than one
- user at a time.
-
- c. Rental. You may not rent or lease the SOFTWARE.
-
- d. Software Transfer. You may permanently transfer
- all of your rights under this License, provided
- that you retain no copies, you transfer all of the
- SOFTWARE (including all component parts, the media
- and printed materials, any upgrades, this License,
- and, if applicable, the Certificate of
- Authenticity), and the recipient agrees to the
- terms of this License. If the SOFTWARE is an
- upgrade, any transfer must include all prior
- versions of the SOFTWARE. If the SOFTWARE is a
- demo, this item 4d. does not apply.
-
- e. Termination. Without prejudice to any other
- rights, QSound Labs may terminate this License if
- you fail to comply with the terms and conditions
- of this License. In such event, you must destroy
- all copies of the SOFTWARE.
-
-
- MISCELLANEOUS
-
- If you acquired this product in the United States, this
- License is governed by the laws of the State of California.
-
- If you acquired this product in Canada, this License is
- governed by the laws of the Province of Alberta, Canada.
- Each of the parties hereto irrevocably attorns to the
- jurisdiction of the courts of the Province of Alberta and
- further agrees to commence any litigation which may arise
- hereunder in the courts located in the Judicial District of
- Calgary, Province of Alberta.
-
- Should you have any questions concerning this License, or if
- you desire to contact QSound Labs for any reason, please
- contact the QSound Labs subsidiary serving your country, or
- write:
-
- QSound Labs, Inc.
- Software Sales
- 2748 37th Avenue NE
- Calgary, Alberta, CANADA
- T1Y 5L3.
-
-
-
-
- LIMITED WARRANTY
-
- LIMITED WARRANTY. QSound Labs warrants that the SOFTWARE
- will perform substantially in accordance with the
- accompanying written materials for a period of ninety (90)
- days from the date of receipt. Some states and jurisdictions
- do not allow limitations on duration of an implied warranty,
- so the above limitation may not apply to you. To the extent
- allowed by applicable law, implied warranties on the
- SOFTWARE and hardware, if any, are limited to ninety (90)
- days.
-
- CUSTOMER REMEDIES. QSound Labs' and its suppliers' entire
- liability and your exclusive remedy shall be, at QSound
- Labs' option, either (a) return of the price paid, or (b)
- repair or replacement of the SOFTWARE that does not meet
- QSound Labs' Limited Warranty and which is returned to
- QSound Labs with a copy of your receipt. This Limited
- Warranty is void if failure of the SOFTWARE has resulted
- from accident, abuse, or misapplication. Any replacement
- SOFTWARE will be warranted for the remainder of the original
- warranty period or thirty (30) days, whichever is longer.
- Outside the United States, neither these remedies nor any
- product support services offered by QSound Labs are
- available without proof of purchase from an authorized
- international source.
-
- NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY
- APPLICABLE LAW, QSOUND LABS AND ITS SUPPLIERS DISCLAIM ALL
- OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
- NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
- FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE
- SOFTWARE, AND ANY ACCOMPANYING HARDWARE. THIS LIMITED
- WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE
- OTHERS, WHICH VARY FROM STATE/JURISDICTION TO
- STATE/JURISDICTION. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
- EVENT SHALL QSOUND LABS OR ITS SUPPLIERS BE LIABLE FOR ANY
- SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
- WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
- OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
- INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE
- USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF QSOUND LABS
- HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE
- SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
- LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
- DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
-
-
-