Download BirdSounds 1.0.2
Please wait... contacting BirdSounds download site.
If this download does not start automatically, try the following URLs:
LICENSE AGREEMENT
PLEASE READ CAREFULLY!
1. Grant of License. Kyle Maas hereby grants you a non-exclusive license to use the BirdSounds software and related documentation (collectively, the "Software") soley in accordance with the terms and conditions of this license agreement ("License"). This License sets forth your rights and responsibilities and other terms and conditions that relate to your use of the Software. Before you install the Software, please read this License as cafefully as you would read any other legal document. If you do not agree with all of the terms and conditions of this License, do not install the Software. Your installation or use of the Software means that you have read and agree to all of the terms and conditions of this License.
2. Reservation of Rights. Kyle Maas hereby reserves all rights not expressly granted by this License. Nothing in this License constitutes a sale or grant of any ownership rights in or to the Software. (So, for example, you don`t own the source code, the compiler I used to build it, or the computer I ran the compiler on.)
3. Permitted Use. You may install and use the Software any computer you own, and you may keep it on the computers as long as you own them. However, if you sell, give away, or otherwise transfer a computer to a third party, the Software must be deleted before it is transferred. You may not use another person or company`s name in the registration window. You may only use your own. If you obtain a registration code, you may not sell or otherwise distribute or disclose your registration code to anyone else, and you are responsible for keeping your registration code from being disclosed. (So, for example, you can`t make a web site listing your registration code along with everyone else you know`s registration code so people can register it illegally using anyone`s name they want.)
4. Prohibited Use. You may not use the Software except as expressly permitted by this License. For example, you may not: (i) copy or reproduce any part of the software, except as permitted by law; (ii) sublicense, copy, lend, lease, rent, transfer or otherwise make any part of the Software available to any third party, except in accordance with Section 8; (iii) decompile, reverse-engineer, or disassemble the Software or otherwise attempt to obtain the source code of the Software; (iv) alter, translate, adapt or modify the Software in any way; or (v) remove or alter the copyright notices on the Software. (So, for example, you can`t go into my code, pull part of it out, and sell it.)
5. Third-party Intellectual Property. Certain portions of the Content may consist of the copyrights, trademarks, service marks, trade names, or other intellectual property of third parties. You may not use any third-party intellectual property without their express authorization. (You can`t take other people`s stuff.)
6. Export Restrictions. You are responsible for complying with all foreign and domestic laws and trade regulations. The Software and its underlying information and technology may not be downloaded or otherwise exported or re-exported: (i) into Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria, or any other country subject to a U.S. embargo, or to any national or resident of any of these contries or (ii) to any person or entity on the U.S. Treasury Department`s list of Specially Designated Nationals or the U.S. Commerce Department`s Denied Persons List or Entities List. By using the Software you agree to the foregoing and represent and warrant that: (i) no U.S. federal agency has suspended, revoked or denied your export privileges; (ii) you are not located in any such country or under the control of a national or resident of any such country or on any such list; and (iii) you will not export or re-export the Software to any prohibited country or to any prohibited person, entity or end-user as specified by U.S. export controls. (For example, you couldn`t sell the Software to Saddam before he was removed from power.)
7. U.S. Government Restricted Rights. The Software is licensed to the U.S. Government with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 and the Commercial Computer Software clause at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Kyle Maas/5336 Ivanrest SW/Grandville, MI 49418.
8. Assignment. You may only assign the Software to another party if that party takes the Software subject to all of the terms and conditions of this License. You may not assign or distribute any License key you may have purchased. If you assign the Software, you may not use the Software or retain copies of it in any format whatsoever and all of your rights under this License will immediately terminate. (For example, if you sell it, it`s not yours anymore.)
9. Term. The term of this License with you will continue until you assign the Software in accordance with Section 8 or you breach any term of this License. (For example, if you take part of my code and sell it, your license agreement is obviously null and void.)
LIMITED WARRANTY. To the maximum extent permitted by applicable law, Kyle Maas and its suppliers disclaim all other warranties, either express or implied, including, but not limited to, implied warranties or merchantability AND fitness for a particular purpose, with regard to the Software. (For example, if your computer is too old to run this software, I`m not responsible for buying you a new one.) This limited warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction.
LIMITATION OF LIABILITY. Kyle Maas`s entire liability and your exclusing remedy under this agreement shall not exceed Ten Dollars(US$10.00), which probably wouldn`t be worth spending thousands of dollars on an attorney to get.
NO LIABILITY FOR CONSEQUENTAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Kyle Maas or its suppliers be liable for any special, incidental, indirect, or consequential 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 Kyle Maas has been advised of the possibility of such damages. (For example, if you jam a pencil in your eye or nose while my program is running on your computer, it`s not my fault you hurt yourself. I`m also not liable for you losing your job because you sat in front of the computer all day just watching my program when you should have been working.) Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
By installing the Software, you agree to any and all of the above terms and legal junk.