PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING 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 WHERE YOU OBTAINED IT AND YOUR MONEY WILL BE REFUNDED.
1. License.
The application, demonstration, system and other software accompanying this License, whether on disk, in read only memory, or on any other media (the 'Software'), the related documentation and fonts are licensed to you by Prosoniq and its Licensors. You own the disk on which the Software and fonts are recorded but Prosoniq and/or Prosoniq' licensors retain title to the Software, related documentation and fonts. This License allows you to use the Software and fonts on a single computer. You may use a copy of the software on a home or portable computer, as long as the extra copy is never loaded at the same time the software is loaded on the primary computer on which you use the Software. You may make one copy of the Software and fonts in machine-readable form for backup purposes. You must reproduce on such copy the Prosoniq copyright notice and any other proprietary legends that were on the original copy of the Software and fonts. You may also transfer all your license rights in the Software and fonts, the backup copy of the Software and fonts, the related documentation and a copy of this License to another party, provided the other party reads and agrees to accept the terms and conditions of this License.
2. Restrictions.
The Software contains copyrighted material, trade secrets, and other proprietary material. In order to protect them, and except as permitted by applicable legislation, you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. You may not modify, rent, lease, loan, distribute or create derivative works based upon the Software in whole or in part.
3. Termination.
This License is effective until terminated. You may terminate this License at any time by destroying the Software, related documentation and fonts and all copies thereof. This License will terminate immediately without notice from Prosoniq if you fail to comply with any provision of this License. Upon termination you must destroy the Software, related documentation and fonts and all copies thereof.
4. Limited Warranty on Media.
Prosoniq warrants the compact disc on which the Software and fonts are recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by a copy of the receipt. Prosoniq's entire liability and your exclusive remedy will be replacement of the diskettes and/or compact disc not meeting Prosoniq limited warranty and which is returned to Prosoniq with a copy of the receipt. Prosoniq will have no responsibility to replace a disk/disc damaged by accident, abuse or misapplication. ANY IMPLIED WARRANTIES ON THE COMPACT DISC/DISKETTE(S), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
5. Disclaimer of Warranty on Prosoniq Software.
You expressly acknowledge and agree that use of the Software and fonts is at your sole risk. The Software, related documentation and fonts are provided 'AS IS' and without warranty of any kind and Prosoniq and Prosoniq' Licensor(s) (for the purposes of provisions 4 and 5, Prosoniq and Prosoniq' Licensor(s) shall be collectively referred to as 'Prosoniq') EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. PROSONIQ DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE AND THE FONTS WILL BE CORRECTED. FURTHERMORE, PROSONIQ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE AND FONTS OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROSONIQ OR A PROSONIQ AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. WITHOUT LIMITING THE FOREGOING, PROSONIQ DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, AND YOU EXPRESSLY ASSUME ALL LIABILITIES AND RISKS, FOR USE OR OPERATION OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT PROSONIQ OR A PROSONIQ AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation of Liability.
UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL PROSONIQ BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF PROSONIQ OR A PROSONIQ AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall Prosoniq' total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed that portion of the amount paid by you which is fairly attributable to the Software and fonts.
7. Controlling Law and Severability.
This License shall be governed by and construed in accordance with the laws of the Federal Republic of Germany. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
8. Complete Agreement.
This License constitutes the entire agreement between the parties with respect to the use of the Software, the related documentation and fonts, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Prosoniq.
Should you have any questions or comments concerning this license, please do not hesitate to write to Prosoniq Products Software GmbH, Technologiefabrik Karlsruhe, Haid-u.-Neustr. 7, 76131 Karlsruhe, Germany. attn: Warranty Information. Email: info@prosoniq.com.
