*IMPORTANT-- READ CAREFULLY BEFORE USING
THIS PRODUCT*
LICENSE AGREEMENT
EFFECTIVE AUGUST 1, 2004
THE USE OF THE TIMESIG 2005 SOFTWARE (THE
"SOFTWARE"), AND/OR OTHER CONTENT, WHETHER ELECTRONIC OR OTHERWISE
(THE "CONTENT"), INCLUDED WITH THIS LICENSE AGREEMENT (COLLECTIVELY,
THE "PRODUCT") IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH BELOW.
INSTALLING OR USING TIMESIG 2005 OR ANY PORTION THEREOF, YOU ACCEPT THE
TERMS AND CONDITIONS SET FORTH BELOW IN THIS LICENSE AGREEMENT (THE
"LICENSE") WITH CASA DE LA MUSICA, INC., ITS AFFILIATES AND
DISTRIBUTORS. YOU REPRESENT THAT
YOU ARE AT LEAST 18 YEARS OF AGE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS
LICENSE, DO NOT DOWNLOAD OR INSTALL TIMESIG 2005.
IF YOU DID NOT HAVE AN OPPORTUNITY TO VIEW AND ACCEPT THIS LICENSE PRIOR
TO PURCHASE, YOU ARE THE ORIGINAL PURCHASER OF THIS PRODUCT ("ORIGINAL
LICENSEE") AND YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT
INSTALL TIMESIG 2005; RATHER, PROMPTLY RETURN TIMESIG 2005, TOGETHER WITH ALL
ACCOMPANYING ITEMS, TO YOUR DEALER FOR A FULL REFUND. THIS IS THE ENTIRE AGREEMENT BETWEEN THE PARTIES RELATING TO
TIMESIG 2005 AND SUPERSEDES ANY PREVIOUS OR CONTEMPORANEOUS WRITTEN OR ORAL
AGREEMENT, PURCHASE ORDER, COMMUNICATION, ADVERTISING, OR REPRESENTATION
CONCERNING TIMESIG 2005.
LIMITED USE LICENSE
Subject to the terms and conditions of this
License and to CASA DE LA MUSICA, INC's receipt of any applicable payment, CASA
DE LA MUSICA, INC. grants to you the right to install and operate one (1) copy
of TimeSig 2005 only for your studio. This
License, and the restrictions set forth herein, applies to the Software and the
Content.
You acknowledge and agree that CASA DE LA
MUSICA, INC. and/or its suppliers own all rights, title and interest in and to
TimeSig 2005 and any and all updates, enhancements, additions and/or
modifications thereof, and you agree not to claim any ownership interest in any
of the foregoing items. All rights
in and to TimeSig 2005, and any and all updates, enhancements, additions and/or
modifications thereof, not expressly granted by this License are reserved by
CASA DE LA MUSICA, INC. and/or its suppliers.
The rights granted pursuant to this License do not constitute a sale, and
this License does not authorize a sale of the Software, or Content or anything
created thereby.
If you fail to comply with any of the terms,
conditions and/or covenants set forth in this License, this License and your
rights to use TimeSig 2005 will terminate automatically, and you immediately
must stop using TimeSig 2005, remove the Software and Content from your computer
and permanently erase and destroy all copies of the Software and Content under
your possession or control. You are
responsible for any copyright infringement that is caused or encouraged by your
failure to abide by the terms of this License.
You acknowledge and agree that due to the
unique and valuable nature of TimeSig 2005, there can be no adequate remedy at
law to compensate CASA DE LA MUSICA, INC. and its suppliers for the breach of
any term, condition or covenant of this License; that any such breach would
result in irreparable harm to CASA DE LA MUSICA, INC. and its suppliers that
would be difficult to measure; and, therefore, that upon any such breach or
threat thereof, CASA DE LA MUSICA, INC. and its suppliers shall be entitled to
injunctive and other appropriate equitable relief (without the necessity of
proving actual damages or of posting a bond), in addition to whatever remedies
may be available at law.
USE IN CONNECTION WITH INTERNET SITES OR
SERVICES
This Software allows you, if you have
Internet service, to connect and interact with Internet sites owned and operated
by CASA DE LA MUSICA, INC. and with services operated by third parties (the
"Sites"). If you choose to use that interconnectivity and the related
Sites, the use of those Sites will be subject to the terms and conditions of use
that apply to each of those Sites and the services they provide.
You should carefully read and understand those terms and conditions
before using the Sites, submitting information to those Sites or creating and
using a personal web page or other personal space hosted by those Sites.
RESTRICTIONS ON USE
You may not:
* Use
TimeSig 2005 or permit use of TimeSig 2005 on more than one (1) computer,
computer terminal or workstation at the same time;
* Make
copies of TimeSig 2005 or any portion thereof except as expressly authorized
herein;
* Use
TimeSig 2005 or permit use of TimeSig 2005 or any portion thereof in a network
or other multi-user arrangement or on an electronic bulletin board system or
other remote access arrangement, or store it in a retrieval system or translate
it into any other language;
* Rent,
lease, timeshare, license, distribute or otherwise transfer TimeSig 2005 without
the express written consent of CASA DE LA MUSICA, INC.
* Modify, translate, reverse engineer, decompile, disassemble, or create derivative works from TimeSig 2005 or any copies thereof, in whole or in part.
* Remove
or alter any copyright, trademark, trade name or other proprietary notices,
legends, symbols or labels appearing on or in copies of TimeSig 2005; or
* Incorporate TimeSig 2005 or any portion thereof in any other product or service, or use TimeSig 2005 or any portion thereof for any commercial purposes or any purpose other than for incorporation into projects produced with TimeSig 2005 for your personal use.
DISCLAIMER OF WARRANTIES
TIMESIG 2005 IS PROVIDED "AS IS," AND CASA DE LA MUSICA, INC., ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO TIMESIG 2005, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NO OTHER OPINION, ADVICE, STATEMENT, ADVERTISING, DESCRIPTION OR REPRESENTATION, WHETHER MADE BY A SUPPLIER, DISTRIBUTOR, AGENT OR EMPLOYEE OF CASA DE LA MUSICA, INC. OR ITS AFFILIATES, SHALL BE BINDING UPON CASA DE LA MUSICA, INC., OR SHALL CHANGE THE TERMS OF THIS LICENSE. CASA DE LA MUSICA, INC., ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, OR COMPLETENESS OF TIMESIG 2005 OR THAT TIMESIG 2005 OR THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, AND HEREBY DISCLAIM ANY AND ALL LIABILITY ON ACCOUNT THEREOF. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR THE DOWNLOADING AND/OR INSTALLATION, USE, OPERATION AND MANAGEMENT OF TIMESIG 2005, AND YOUR RELIANCE THEREON. THE FOREGOING LIMITATIONS ON WARRANTIES SHALL BE ENFORCEABLE TO THE EXTENT ALLOWED BY APPLICABLE LAW. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO ONE OR MORE OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATIONS ON DAMAGES
IN NO EVENT SHALL CASA DE LA MUSICA, INC., ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, LOSS OF BUSINESS, LOSS OF USE OR DATA OR INTERRUPTION OF BUSINESS, WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE TIMESIG 2005 OR PRODUCT PACKAGE OR OTHERWISE ARISING OUT OF THIS LICENSE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF CASA DE LA MUSICA, INC., ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS EXCEED THE ACTUAL PRICE PAID BY THE ORIGINAL LICENSEE FOR TIMESIG 2005, IF ANY. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
U.S. GOVERNMENT RESTRICTED RIGHTS
If you are an agency or instrumentality of the U. S. Government, the Software is "commercial computer software" and, pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, the use, reproduction and disclosure of the Software is governed by the terms of this License.
EXPORT RESTRICTIONS
You may not export or re-export TimeSig 2005 or any underlying information or technology except in full compliance with all United States and any other applicable laws and regulations.
MISCELLANEOUS PROVISIONS
If TimeSig 2005 was acquired outside the United States, then local law may apply. If you acquired TimeSig 2005 in Canada, you agree to the following: The parties to this License have expressly required that the License be drawn up in the English language/Les parties aux presentes ont expressement exige que la presente convention soient redigees en langue anglaise.
If any provision of this License is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this License and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this License is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. No change or modification of this license will be valid unless authorized by CASA DE LA MUSICA, INC.
Nothing in this License constitutes a waiver of the rights of CASA DE LA MUSICA, INC. under the U.S. Copyright Act or any other federal or state law.
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