YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY TO YOU AND ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER:
YOU CLICK THE "ACCEPT" BUTTON, OR
YOU COPY, INSTALL, OR USE THIS COPY OF SNIPPET LE SOFTWARE, OR
YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS SNIPPET LE SOFTWARE.
IF YOU DO NOT AGREE, PLEASE TERMINATE INSTALLATION IMMEDIATELY, AND DO NOT USE THIS SOFTWARE.
1. SOFTWARE COVERED BY THIS LICENSE
This license agreement ("Agreement") applies only to the version 7.51 of the SNIPPET LE software package with which this Agreement is included by NETIA. Different license terms may apply to other software packages or other materials from NETIA., and license terms for later versions of SNIPPET LE may also be changed.
2. FREE USE LICENSE.
(a) Original Distribution Package Necessary. In order to qualify for the free use license described below, you must have downloaded or received SNIPPET LE in the form of an original SNIPPET LE distribution package as distributed by NETIA, including all files contained in such package ("Original Distribution Package"). Current Original Distribution Packages for SNIPPET LE are available from NETIA and NETIA-authorized Radio-Assist and SNIPPET LE distributors. Copies of SNIPPET LE not received in the form of an Original Distribution Package are not licensed for use, copying or transmission by you or others.
(b) You may, free of charge:
install and use SNIPPET LE free of charge, for the purpose of editing and saving digital audio files.
"Proper use" of SNIPPET LE is use of the SNIPPET LE program fully in accordance with NETIA guidelines, as such guidelines may be changed, clarified or corrected by NETIA from time to time. If you have any questions as to proper use of this SNIPPET LE program you may contact NETIA via the contact information included in this Original Distribution Package.
(c) You may not:
permit others to use this SNIPPET LE program unless they are properly licensed by NETIA, either under this Agreement or another agreement from NETIA.
modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, this SNIPPET LE program.
copy SNIPPET LE except as described above.
sell or license copies of SNIPPET LE to others.
remove any proprietary notices or labels on SNIPPET LE or any other NETIA software.
use SNIPPET LE in or for High Risk Activities (defined below)
(d) All rights not expressly granted by NETIA in this Agreement are entirely and exclusively reserved to NETIA.
3. SUPPORT. SNIPPET LE contains online help files. However, hard-copy documentation, telephone assistance and other support are not available under this free license.
4. DISCLAIMER OF WARRANTY. NETIA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST SNIPPET LE BEFORE ANY LIVE, PUBLIC OR PRODUCTION USE, THAT YOU ASSUME FULL RESPONSIBILITY FOR SELECTING AND USING SNIPPET LE AND DISTRIBUTING FILES CREATED THROUGH USE OF SNIPPET LE, AND THAT IF YOU USE SNIPPET LE IMPROPERLY OR AGAINST INSTRUCTIONS, YOU CAN CAUSE DAMAGE TO YOUR FILES, SOFTWARE, DATA OR BUSINESS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SNIPPET LE IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT.
5. LIMITATION OF LIABILITY. IN NO EVENT SHALL NETIA, OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF SNIPPET LE, FILES CREATED USING SNIPPET LE, OR YOUR RELATIONSHIP WITH NETIA.
6. TITLE. NETIA or its licensors own the SNIPPET LE software, all other materials in this SNIPPET LE Original Distribution Package, and the names and marks "SNIPPET LE", "NETIA", under the copyright, trademark, and trade secret laws and all other laws that may apply.
7. TERMINATION. The license will terminate automatically if you fail to comply with any of the limitations, conditions or obligations described herein. On termination, you must destroy all copies of the SNIPPET LE software and all other materials in this SNIPPET LE Original Distribution Package and, at NETIA's sole discretion, any or all of the files created by you using SNIPPET LE and distributed to others.
8. HIGH RISK ACTIVITIES. SNIPPET LE 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 SNIPPET LE could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). NETIA and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
9. GENERAL. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between you and NETIA. Waiver by NETIA of any violation of any provision of this Agreement shall not be deemed to waive any further or future violation of the same or any other provision. This Agreement and any dispute relating to SNIPPET LE or to this Agreement shall be governed by the laws of France. You agree and consent that jurisdiction and proper venue for all claims, actions and proceedings of any kind relating to NETIA or the matters in this Agreement shall be exclusively in courts located in France. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you agree that the remainder of the Agreement shall be fully enforceable as if the unenforceable part or provision never existed. There are no third party beneficiaries of any promises, obligations or representations made by NETIA herein.
