BY SELECTING 'I ACCEPT THE AGREEMENT' or INSTALLING, or USING THE MEDIAMONKEY SOFTWARE (THE "SOFTWARE"), or COPYING THE SOFTWARE, YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, SELECT 'I DO NOT ACCEPT THIS AGREEMENT' AND/OR DO NOT INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.
1. GRANT OF LICENSE: Subject to the terms below, VENTIS MEDIA, INC.("VENTIS MEDIA") grants you a non-exclusive, non-transferable license to install, use, and reproduce the Software for your own personal use. This license does not entitle you to receive any hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Product. You may not: (i) distribute copies of the Software without prior written permission; (ii) remove any proprietary notices or labels on the Software; or (iii) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software.
2. TITLE: You acknowledge that no title to the intellectual property in the Software is transferred to you. Title, ownership, rights, and intellectual property rights in and to the Software shall remain in VENTIS MEDIA.
3. BUNDLED COMPONENTS. Notwithstanding sections 1 and 2, several standalone components are bundled with the Software. Licence and Title rights for these components rest with their original authors or as described in each component's license, as described below:
(a) AKRip (AKRip32.DLL): Licensed under the GNU Lesser General Public License (http://www.gnu.org/copyleft/lesser.html). The full source code to the library is available at: http://akrip.sourceforge.net/
(b) LAME (Lame_enc.DLL): Licensed under the GNU Lesser General Public License (http://www.gnu.org/copyleft/lesser.html). The full source code to the library is available at: http://lame.sourceforge.net/
(c) id3lib (ID3Lib.DLL): Licensed under the GNU Lesser General Public License (http://www.gnu.org/copyleft/lesser.html). The full source code to the library is available via: http://id3lib.sourceforge.net
(d) Shibatch Super Equalizer (Equalize.DLL): Licensed under the GNU Lesser General Public License (http://www.gnu.org/copyleft/lesser.html). The full source code to the library is available via: http://shibatch.sourceforge.net
(e) Winamp Plug-ins (in_vorbis.dll, in_vqf.dll, in_wave.dll, in_wm.dll, out_ds2.dll and out_wave.dll): These are Copyright (c) 2001, Peter Pawlowski. All rights reserved. Licensed under the following license terms:
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of the author nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
(f) DeFX Voice Removal Plug-in (dsp_DeFX.dll): Copyright Franco Catrin, and distributed with the permission of Franco Catrin. See: http://www.ancelot.8k.com/faq.htm .
(g) Stereo Expander Plug-in (dsp_Stereo_Expander.dll): Written by Sylvain Machel, and distributed with the permission of Sylvain Machel.
(h) CD Reader Input Plug-in (in_cd_reader.dll): Written by Vladimir Kopjov, and distributed with the permission of Vladimir Kopjov. See license terms in:
../MediaMonkey/Plugins/in_cdreader.txt.
(i) Modified "Oxygen 2" skin included with the permission of Teo Katsuragi: naoneo@btopenworld.com
{j) Modified "Messiah V2 green" skin included with the permission of kwc compton: nikosk@lycos.de
4. UPDATES. From time to time, VENTIS MEDIA may make available updates to the software. All updates to the Software are governed by this Agreement, unless other license terms are provided with the update.
5. DISCLAIMER OF WARRANTY: The Software is provided to you at no, or minimal charge. YOU AGREE THAT VENTIS MEDIA HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE PRODUCTS AND THAT THE PRODUCTS ARE BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. VENTIS MEDIA DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. VENTIS MEDIA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFIT) ARISING FROM ANY CAUSE UNDER OR RELATED TO THIS AGREEMENT.
6. LIMITATION OF LIABILITY: You must assume the entire risk of using the program. IN NO EVENT SHALL VENTIS MEDIA BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE VENTIS MEDIA PROGRAM, EVEN IF VENTIS MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL VENTIS MEDIA'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, PROVIDED, HOWEVER, IF THE RELEVANT PRODUCT WAS PROVIDED TO YOU AT NO CHARGE YOU AGREE VENTIS MEDIA SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.
7. TERMINATION: This Agreement shall terminate automatically if you fail to comply with the limitations described in this Agreement. No notice shall be required from VENTIS MEDIA to effectuate such termination. Upon termination, you must uninstall and destroy all copies of the Software.
8. MISCELLANEOUS:
Severability: In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.
Governing Law: This Agreement will be governed by the laws of the Czech Republic. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
Entire Agreement: You agree that this is the entire agreement between you and VENTIS MEDIA, which supersedes any prior agreement, whether written or oral, and all other communications between VENTIS MEDIA and you relating to the subject matter of this Agreement.
Reservation of rights: All rights not expressly granted in this Agreement are reserved by VENTIS MEDIA.
Copyright (c) 2003 Ventis Media, Inc. All rights reserved. MediaMonkey is a trademarks of Ventis Media, Inc.
