|© 2009 Aphasia
END-USER LICENSE AGREEMENT
PLEASE READ CAREFULLY. BY USING OR INSTALLING THIS SOFTWARE, OR BY PLACING OR COPYING THIS SOFTWARE ON YOUR COMPUTER HARDWARE, COMPUTER RAM OR OTHER STORAGE MEDIUM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THESE TERMS, PROMPTLY DISCONTINUE THE INSTALLATION PROCESS AND CEASE ALL USE OF THIS SOFTWARE.
1. Aphasia Software & Music wants to thank you for licensing our software. This is to make sure you understand and agree that you are just buying a right to use this software and that that right is limited in certain ways. What follows is what you need to know and agree to.
2. License. The software accompanying this license and the related documentation (the “Software”) are licensed for your use and musical enjoyment, subject to terms and limitations in this license agreement. The license fee you paid gives you the right to use the Software. If the Software is configured for loading onto a hard drive, you may only load the Software onto the hard drive of a single computer and only run the Software off that hard drive. You may not give or sell this software to anyone. Anyone that wants a copy must license their own copy of the Software.
3. Commercial Exploitation. You may not use the Software for any commercial purposes without the prior written consent of Aphasia Software & Music except for the following: 1. If you are a Guitar Teacher, you may use the Software on one computer for teaching purposes. If you have more than one computer in your teaching facility, you must purchase additional copies of the Software for each computer you want to install it on. You may not give or sell any copies of the Software to your students or anyone else. 2. If you are a Music Educator, you may use the Software for your teaching purposes. You must purchase a copy of the Software for each computer you use it on and you may not give or sell the Software to your students or anyone else.
4. Use Restrictions. The Software contains copyrighted material, trade secrets and other proprietary material. You may not decompile, modify, reverse engineer, publicly display, prepare derivative works based on the Software, disassemble or otherwise reproduce the Software. Except as set forth herein, you may not rent, sell, lease, barter, sublicense or distribute the Software. You may not delete the copyright notices or any other proprietary legends, marks, or images on the original copy of the Software. You may not offer the Software on a pay-per-use basis or otherwise commercially exploit the Software or use the Software for any commercial purpose except as described in this agreement. You may not electronically transmit the Software from one computer to another or over a network. You may not ship or export the Software to any country other than where you bought it, in violation of the U.S. Export Administration Act (or any other law governing such matters) and you will not utilize and will not authorize anyone to utilize the Software in violation of any applicable law. The Software may not be downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone or into any country who/which are prohibited by applicable law, from receiving it.
5. Termination. This license is effective until one of us terminates it. You may terminate this license at any time by destroying the Software and related documentation. In the unlikely event that you fail to comply with any provision of this license, this license will terminate immediately without notice from us. Upon termination, you must destroy the Software and related documentation.
6. Disclaimer of Warranty on Software. You are aware and agree that use of the Software and the media on which it is recorded is at your sole risk. The Software, related documentation and the media are provided “AS IS”.
APHASIA SOFTWARE & MUSIC EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES. EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, S0 THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL APHASIA SOFTWARE & MUSIC OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSEES, SUBLICENSEE OR ASSIGNS 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 SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE 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 our total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you for the Software.
8. Controlling Law and Severability. This license is governed by and construed in accordance with the laws of the State of Iowa, USA. Exclusive venue for all litigation shall be in Winneshiek County, Iowa. If any provision of this license is unenforceable, the rest of it shall remain in effect.
9. Complete Agreement. This license constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation. However, Aphasia Software & Music reserves the right to modify the terms of this license from time to time and will post notice of material changes somewhere within www.guitarz.com.
10. Copyright. The Software and all copyrights, trademarks and all other conceivable intellectual property rights related to the Software are owned by Aphasia Software & Music or such parties' licensors and are protected by United States copyrights laws, international treaty provisions, and all applicable law, such as the Lanham Act. You must treat the Software like any other copyrighted material, as required by 17 U.S.C. section 101 et seq. and other applicable law. Please do not make unauthorized copies. You may make a copy of the Software only for backup purposes. Please do not make copies of the Software for others who have not paid for the right to use it. To report copyright violations, call the Software & Information Industry Association at 1-800-388-7478 or write: SIIA, 1090 Vermont Ave NW Sixth Floor, Washington, D.C. 20005-4095.
© 2009 Aphasia Software & Music.