This End-User License Agreement is a legal agreement between you, the end-user, and Headlight Software, Inc. ("Headlight") for the use of the FileFunnel software product ("Software").
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING FILEFUNNEL.
YOUR USE OF THE SOFTWARE MEANS THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE THEN HEADLIGHT SOFTWARE, INC. IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, AND YOU SHOULD NOT USE THE SOFTWARE. BY INSTALLING, DOWNLOADING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED AND MAY NOT USE THE SOFTWARE.
1. SOFTWARE LICENSE
The Software is copyrighted and protected by law and international treaty. You may use the Software on a single computer for your personal, non-commercial internal use only.
This is a license, not a transfer of title, and you may not, nor permit anyone else to, (a) modify the Software or use it for any commercial purpose or public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble, modify, or create derivative works based on the Software or the documentation in whole or in part; (c) remove any copyright or other proprietary notices; or (d) transfer the Software to another person.
2. USE OF THE SOFTWARE
The Software is designed to enable musicians and music fans to locate audio recordings available in the MP3 format. Headlight does not, and cannot, control what content is available to you using the Software. Software users decide what content to make available to others and what content to download. Accordingly, you are responsible for complying with all applicable federal and state laws applicable to such content, including copyright laws.
Headlight respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. You should be aware that some MP3 files may have been created or distributed without copyright owner authorization. As a condition to the license to use the Software, you agree that you will not use the Software to infringe the intellectual property rights of others in any way. You also agree to comply with all of the notices, terms and conditions posted on the Headlight web site.
You accept responsibility for any network usage costs or any other costs incurred by using this Software.
3. ADVERTISING IN SOFTWARE
Headlight shows advertisements and/or offers for other products in web pages generated by the Software. Headlight has no ownership interest in these other products, services, or other advertised items. And as such makes no warranty, either express or implied, as to these other products, services, or other advertised items and the use thereof.
You agree that you understand that the Software will use your Internet connection to download these advertisements.
You agree that you understand that the Software will report information concerning advertisements viewed and clicked on.
4. OWNERSHIP
The Software is copyrighted proprietary material and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without our prior written permission. Except as expressly provided herein, Headlight does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
The Software may be distributed freely on online services, bulletin boards, or other electronic media as long as the files are distributed in their entirety.
The Software may not be distributed on CD-ROM, disk, or other physical media for a fee without the permission of Headlight Software, Inc.
5. TERMINATION OF THIS LICENSE.
Headlight may terminate this license at any time if you are in breach of any of these terms and conditions of use. Upon such termination you must and agree to immediately destroy all copies of the Software.
6. DISCLAIMER.
THE SOFTWARE IS PROVIDED "AS-IS." HEADLIGHT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SOFTWARE OR ITS OPERATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HEADLIGHT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OF NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL.
The Software may contain technical inaccuracies or typographical errors, so changes and/or updates may be affected without notice. Headlight may also make improvements and/or other changes to the Software at any time without notice.
7. LIMITATION ON DAMAGES.
IN NO EVENT SHALL HEADLIGHT BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE USE OFTHE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF HEADLIGHT HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. AMENDMENTS.
Headlight may amend these terms and conditions at any time by a notice on the Headlight web site, which shall be binding upon you; accordingly, Headlight urges you to visit the Headlight web site periodically to review the then current and effective terms and conditions for use of the Software, as well as the Headlight web site. You may not revise or amend these terms and conditions without the prior written authorization of Headlight Software, Inc.
9. NO WAIVER.
No delay or failure to take action under these terms and conditions will constitute a waiver by Headlight Software, Inc. unless expressly waived in writing by a duly authorized officer of Headlight Software, Inc.
