Terms and Conditions
What follows below is a Ultimate DAW Plugin Manager Software License, as well as a Ultimate DAW Plugin Manager Try before Buy Software License. Please refer to the Ultimate DAW Plugin Manager Licenses for the terms and conditions that apply to you.
Both the Ultimate DAW Plugin Manager Software License, and the Ultimate DAW Plugin Manager Try before Buy Software License are legal agreements between you, the end user (whether an individual or an entity), and MediaFocused, LTD. ("Ultimate DAW Plugin Manager development company"). If you do not agree to the terms of the Agreement that applies to you, please do not indicate your acceptance of the terms. If you agree to the terms herein, please retain the document as it is your proof of license to exercise the rights granted herein.
1. GRANT OF LICENSE. Subject to the terms of Clause 2 below, this Ultimate DAW Plugin Manager License Agreement ("LICENSE") permits you to use of the specified version of the Ultimate DAW Plugin Manager software ("SOFTWARE") on any computer owned by the end user (whether an individual or an entity), provided the SOFTWARE is in use on only one computer at any time. If you have multiple Licenses for the SOFTWARE, then at any time you may have as many copies of the SOFTWARE in use as you have LICENSES. The SOFTWARE is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not "in use." If the anticipated number of users of the SOFTWARE will exceed the number of applicable Licenses, then you must have a reasonable mechanism or process in place to assure that the number of persons using the SOFTWARE concurrently does not exceed the number of LICENSES.
2. T LICENSE. If you have downloaded the SOFTWARE as part of the Ultimate DAW Plugin Manager' "try-before-you buy" concept (the "DEMONSTRATION PERIOD"), then the LICENSE shall apply to you during the DEMONSTRATION PERIOD only, in accordance with its term and conditions, other than the Limited Warranty, which is expressly excluded. Moreover, you expressly agree that you shall use SOFTWARE during the DEMONSTRATION PERIOD only for purposes of evaluation of the SOFTWARE.
3. COPYRIGHT. MediaFocused, LTD owns the SOFTWARE and all trade secrets, copyrights, patents and other intellectual property rights therein. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording), except that you may transfer the SOFTWARE and written materials to a single hard disk provided you keep the original solely for backup or archival purposes.
4. OTHER RESTRICTIONS. You may not sub-license the SOFTWARE, You may not, and you may not permit others to:
a) Reverse engineer, decompile, disassemble or otherwise derive source code from the SOFTWARE;
b) Modify or prepare derivative works of the SOFTWARE;
c) Copy the SOFTWARE, other than as specifically set forth herein; and/or
5. UPDATES. If the SOFTWARE is an update to a previous version (the "UPDATE"), you must possess a valid License for the previous version, in order to use the Update. All Updates are provided to you on a "license exchange" basis and you agree that by using an Update, you no longer have a License to use any previous version of the SOFTWARE.
LIMITED WARRANTY. MediaFocused, LTD warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (30) days from the date of receipt. Any implied warranties on the SOFTWARE are limited to ninety (30) days. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
CUSTOMER REMEDIES. MediaFocused, LTD ' entire liability and your exclusive remedy shall be, at MediaFocused, LTD ' discretion, either (a) return of the price paid or (b) update or fix of the SOFTWARE or hardware that does not meet MediaFocused, LTD ' Limited Warranty and that is returned to MediaFocused, LTD with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any product support services offered by MediaFocused, LTD are available for this U.S.A. Version product outside of the United States of America.
NO OTHER WARRANTIES. MediaFocused, LTD disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the SOFTWARE, the accompanying written materials. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall MediaFocused, LTD or its suppliers be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, incidental, or consequential damages, or damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use this MediaFocused, LTD product, even if MediaFocused, LTD has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you; in such a case, then the aggregate liability for any claims, losses or damages shall not exceed US $1.
The foregoing limitation of liability is complete and exclusive, shall apply even if MediaFocused, LTD has been advised of the possibility of claims, losses, or damages exceeding such limit, and shall apply regardless of the success or effectiveness of any other remedies possessed by MediaFocused, LTD. The limitation of liability reflects an allocation of risk between you and MediaFocused, LTD.
Maryland law shall govern the interpretation and enforceability of this Agreement. If any provision of this Agreement is held to be unenforceable, then such provision shall be deemed stricken from this Agreement and the remaining provisions shall be enforced in accordance with their terms. In the absence of a written agreement signed by you and MediaFocused, LTD, this Agreement shall be the sole and complete agreement between you and MediaFocused, LTD, regarding the SOFTWARE. This Agreement expressly supersedes and replaces any other license agreement for the SOFTWARE, including but not limited to any agreement appearing in any user's manual, unless a subsequent agreement for the SOFTWARE is in writing and signed by both you and an authorized MediaFocused, LTD representative.
You agree not to use any MediaFocused, LTD trademarks, brand names or logos without the prior written consent of MediaFocused, LTD.
NO OBLIGATION TO ENFORCE
Nothing contained in this Agreement shall be construed as imposing on MediaFocused, LTD any obligation to acquire, maintain, or file or defend any suit or action regarding the validity or infringement of, any MediaFocused, LTD intellectual property licensed hereunder.
The waiver by either party of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or different provision.
In the event that any provision of this Agreement is determined to be invalid, unenforceable or unlawful, such invalidity, unenforceability or unlawfulness shall not effect any other provisions of this Agreement, and the Agreement shall be construed as if the challenged provision had never been contained herein.
NO SUPPORT OBLIGATION
MediaFocused, LTD is not obligated to furnish or make available to you any further information, software, technical information, know-how, or support. MediaFocused, LTD reserves the right to make changes to the SOFTWARE, and all materials provided hereunder, without further notice.