This Software End-User License Agreement ("Agreement") is a
legal agreement between you (either an individual or a single entity known as
"Customer") and Zoltan Schavel
(the "Author"), the owner and creator of the
Studiomatics Radio Automation System
Software (the "Software"). By installing, copying, or otherwise using the Software or any
Software Updates, Customer agrees to be bound by the terms of this Agreement.
If Customer does not agree to the terms of this Agreement, do not install,
copy, or use the Software, including all Software Updates that Customer
received as part of the Software (each, an "Update"). By installing, copying,
or otherwise using an Update, Customer agrees to be bound by the additional
license terms that accompany such Update. If Customer does not agree to the
terms of the additional license terms that accompany the Update, disregard the
Update and the additional license terms that accompany the Update. In this
event, Customer's rights to use the Software shall continue to be governed by
the then-existing Agreement.
1. Copyright
All title and copyrights in and to the Software (including but not limited to
any software components, product documentation and associated media, sample
files, extension files, tools and utilities, miscellaneous technical
information, collectively referred to herein as the "Software"), and any copies
of the Software, are owned by Author. The Software is protected by
United States copyright laws and international treaty provisions. Therefore,
you must treat the Software like any other copyrighted material, except that
Customer may either (i) make one copy of the Software solely for backup or
archival purposes, provided Customer reproduces and includes Author's
copyright and trademark notices contained on the original disk labels on such
backup copy, or (ii) transfer the Software to a hard disk, provided Customer
keeps the original solely for backup and archival purposes. Customer may not
copy the printed materials accompanying the Software. The Software is licensed,
not sold.
2. Grant of License
a. Author grants Customer use of the Software only if Customer has
purchased the software thru legitimate sales channels.
b. Author grants Customer, a non-exclusive license to use the Software.
c. Author grants Customer the right to use the Software on a single
computer. The use of the Software may not be included as part of a service that is resold or shared.
d. Acceptance: Software shall be deemed accepted by Customer
upon payment of the Software by Customer and shall not be granted a refund of
any license fees for the Software, except for Customer's rights defined under
Section 5 Disclaimer of Warranty in this Agreement.
3. Other Restrictions
a. The Software is the sole and exclusive property of Author, including
all applicable rights to patents, copyrights, trademarks and trade secrets and
is provided for Customer's exclusive use for the purposes of this Agreement and
will be held in confidence.
b. Customer will not remove any designation mark from any supplied material
that identifies such material as belonging to or developed by Author.
Customer agrees not to disassemble, decompile, reverse engineer or otherwise
reduce the Software to perceptible form.
c. Customer may not rent, lease, or sublicense the Software.
d. Customer may permanently transfer all of Customer's rights under this
Agreement, provided Customer retains no copies, Customer transfers all of the
Software (including all component parts, the media and printed materials, any
upgrades, and this Agreement), Customer provides Author notice of
Customer's name, company, and address and the name, company, and address of the
person to whom Customer is transferring the rights granted herein, and the
recipient agrees to the terms of this Agreement and pays to Author a
transfer fee in an amount to be determined by Author and in effect at
the time in question. If the Software is an upgrade, any transfer must include
all prior versions of the Software. If the Software is received as part of a
subscription, any transfer must include all prior deliverables of Software and
all other subscription deliverables. Upon such transfer, Customer's license
under this Agreement is automatically terminated.
e. Customer may use or transfer the Updates to the Software only in conjunction
with Customer's then-existing Software. The Software and all Updates are
licensed as a single product and the Updates may not be separated from the
Software for use at any time.
4. Termination
a. Without prejudice to any other rights, Author may terminate this
Agreement if Customer fails to comply with the terms and conditions of this
Agreement. In such event, Customer must destroy all copies of the Software in
any form and all of its component parts.
5. Disclaimer of Warranty
a. NO WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUTHOR
DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND
ANY WARRANTY AGAINST INFRINGEMENT, WITH REGARD TO THE SOFTWARE. THIS LIMITED
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM
STATE/JURISDICTION TO STATE/JURISDICTION. In the event Author fails to
remedy material defects in the Software, Customer's exclusive remedy shall be,
at Author's option, either (a) to receive a refund not to exceed the
license fee paid hereunder for the current term of the Agreement, or (b) shall
be to correct the Software at Author's sole expense.
b. NO LIABILITY FOR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL AUTHOR BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS)
ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF AUTHOR
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
c. Author shall be relieved of any and all obligations with respect to
this section for any portions of the Software that are revised, changed,
modified, or maintained by anyone other than Author.
CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTAND IT AND
AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. CUSTOMER FURTHER AGREES THAT IT
IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN CUSTOMER AND
AUTHOR WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND
ANY OTHER COMMUNICATIONS BETWEEN CUSTOMER AND AUTHOR RELATING TO THE SOFTWARE.