SOFTWARE LICENSE AGREEMENT OF SMARTSOUND SOFTWARE, INC. ("SSI")
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS SOFTWARE. BY CLICKING 'ACCEPT' WHEN INSTALLING, YOU ARE ACCEPTING SUCH TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY SUCH PROVISIONS, YOU SHOULD NOT PURCHASE THIS SOFTWARE
1. Ownership. The enclosed SSI software program and related instructions (the "Software") are licensed (not sold) to you, and SSI retains all ownership interests and intellectual property rights in the Software. Such ownership and related interests are protected by U.S. and international copyright laws.
2. Software License. SSI grants you a nonexclusive, nontransferable license to (i) install and use one copy of the Software on up to no more than two (2) computers both of which must be owned and used by you and (ii) make one copy of the Software for back-up or archival purposes only. If the Software is installed on a network server, a separate Network license is required for each workstation served on such network. You may not: (a) copy (other than for a second computer owned and used by you and for back-up purposes), disclose, publish, export, distribute, rent, lease or sublicense; (b) remove any SSI trademarks or copyright notices from; (c) modify, translate or prepare derivative works of; (4) use in a computer-based services business or publicly display visual output of; (d) transmit by audio, digital or other electronic means or post software on any file-sharing site; or (e) reverse engineer, decompile or disassemble all or any portion of the Software in any form, except as expressly licensed herein.
3. Music/Audio Rights. This license grants no rights, express or implied to use, alter, reproduce, perform or distribute the musical compositions created by or included with the Software (the "Content"). All such rights are set forth in a separate license (see Music License) included in the media in which the Content is delivered to you.
4. User Responsibility. You are responsible for installation, management and operation of the Software. Further, you agree to indemnify, hold harmless and defend SSI from and against all claims or lawsuits, including attorneys' fees, that arise or result from any use or distribution of the Software (including the music/audio content) not expressly authorized in this Agreement.
5. Warranty. SSI warrants the Software media (e.g. diskettes) to be free from defects in materials and workmanship for a period of sixty (60) days from the date of purchase. SSI will replace any such defective media returned to SSI during such warranty period, provided such defect is not the result of improper use or neglect, or if SSI is unable to do so, it will refund your price for such defective Software. Replacement (or refund) is the exclusive remedy for any such defects, and SSI shall have no liability for any other damages. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL SSI BE LIABLE FOR ANY KIND OF SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF SSI HAS KNOWLEDGE OF SUCH POTENTIAL LOSS OR DAMAGE.
6. Termination. This Agreement is effective until terminated. You may terminate it at any time by destroying the Software, including all computer programs and documentation, and erasing any copies residing on computer equipment. This Agreement also will terminate if you do not comply with any terms or conditions of this Agreement. Upon such termination you agree to destroy the Software and erase all copies residing on computer equipment.
7. Agreement. This Agreement expresses the entire understanding between you and SSI, and supersedes all other oral or written communications relating to the Software. This Agreement shall be governed and construed under the laws of the State of California and subject to the exclusive jurisdiction of the courts therein.
Federal law provides severe civil and criminal penalties for the unauthorized reproduction, distribution and exhibition of software, copyrighted music, discs or other media. Copyright infringement is investigated by the FBI and may constitute a felony with a maximum penalty of up to five years in prison and/or $250,000 fine.