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END USER LICENSE AGREEMENT
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and CoolMedia Inc. (hereafter called CoolMedia) for the CoolMedia software product Cool Burning Studio, which includes computer software and associated media, printed materials, and online or electronic documentation (SOFTWARE). By installing, copying, or otherwise using the software product, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE.
1. GRANT OF LICENSE
CoolMedia hereby gives you a non-exclusive license to use the SOFTWARE. For evaluation, the license is granted, and is time-limited to a period of 30 days after the first installation of the SOFTWARE. If you wish to use the SOFTWARE after the evaluation period has expired, you have to pay a license fee, by following instructions prompted by the program.
- use the SOFTWARE on any single computer;
- use the SOFTWARE on a second computer so long as the primary user of each copy is the same person and more than one copy is not used simultaneously;
- copy the SOFTWARE for archival purposes, provided any copy contains all of the original SOFTWARE`s proprietary notices.
You may not:
- permit other individuals to use the SOFTWARE except under the terms listed above;
- modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction),
- create derivative works based on the SOFTWARE;
- copy the SOFTWARE (except as specified above);
- rent, lease, transfer or otherwise transfer rights to the SOFTWARE;
- remove any proprietary notices or labels on the SOFTWARE.
Title, ownership rights and intellectual property rights in and to the SOFTWARE shall remain in CoolMedia. The SOFTWARE is protected by international copyright treaties.
The license will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the SOFTWARE and Documentation.
3. LIABILITY AND WARRANTY
The SOFTWARE is provided on an AS IS basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the SOFTWARE is borne by you. Should the SOFTWARE prove defective, you and not CoolMedia assume the entire cost of any service and repair.
CoolMedia IS NOT RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.
4. GOVERNING LAW
The laws of US govern this EULA.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE LICENSE AGREEMENT BETWEEN YOU AND COOLMEDIA GMBH WHICH SUPERSEDES ANY PROPOSALS, OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND COOLMEDIA GMBH RELATING TO THE SUBJECT MATTER OF THIS LICENSE AGREEMENT.