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This Limited User License Agreement (throughout this section, the "Agreement") is a legal agreement between you, the user, and Tommy Anderberg. By installing the Virtual Sampler SDK, by loading or running any part of it, or by placing or copying any part of it onto your computer hard drive, you are agreeing to be bound by the terms of this Agreement. For the intent and purpose of this section, "use" means loading the software into RAM, as well as installation on a hard disk or other storage device.
As the copyright and trademark holder for the Virtual Sampler SDK, Tommy Anderberg grants to you as an individual a personal, nonexclusive license to use theVirtual Sampler SDK, ONLY when the following conditions are met:
The EP is intended for evaluation purposes only. You may not distribute or otherwise exploit any data, executable files or other output produced with the aid of the EP.
If you are a registered user, you may install copies of the Virtual Sampler SDK Registered Package on an unlimited number of computers, provided that you are the only individual using the Virtual Sampler SDK Registered Package. Entities must acquire a license for each individual within their organization designated to have the right to use the Virtual Sampler SDK Registered Package.
You shall not: modify, translate, disassemble, decompile or reverse engineer the compiled executables contained in the Virtual Sampler SDK.
You may not exploit running copies of the Virtual Sampler SDK commercially, e.g. by renting, leasing or selling access to a computer running the Virtual Sampler SDK.
If you are a registered user, you may permanently transfer all your rights under this Agreement, provided you retain no copies, you transfer all of the Virtual Sampler SDK Registered Package (including all component parts, any upgrades and this Agreement) and the recipient agrees to the terms of this Agreement. If the object of the transfer is an upgrade, it must include all prior versions of the Virtual Sampler SDK Registered Package in your possession.
You accept sole and full responsibility for any damage or loss arising from the use or the inability to use the Virtual Sampler SDK. While this software has been extensively tested and is believed to be safe, Tommy Anderberg and Polyhedric Software disclaim any warranties, either expressed or implied, including but not limited to warranties of fitness for ANY particular purpose and of uninterrupted, error free operation. Under no circumstances shall Tommy Anderberg or Polyhedric Software be liable for loss of data, loss of profits, lost savings, special, incidental, consequential, indirect or other similar damages arising from the use or the inability to use the Virtual Sampler SDK.
Neither this Agreement nor any part or portion hereof shall be assigned or sublicensed, except as described herein. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision`s intent, to the extent permitted by applicable law. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. If you fail to comply with any terms of this Agreement, your license is automatically terminated, and you may be prosecuted at any time under national and European laws and under International Treaty provisions.
You acknowledge that you have read this Agreement, you understand this Agreement, and understand that by installing any part of the Virtual Sampler SDK, by loading or running any part of the Virtual Sampler SDK, or by placing or copying any part of the Virtual Sampler SDK onto your computer hard drive, you agree to be bound by this Agreement`s terms and conditions. You further agree that, except for written separate agreements between Tommy Anderberg and you, this Agreement is a complete and exclusive statement of the rights and liabilities of the parties involved in the use of the Virtual Sampler SDK. This agreement supersedes all prior oral agreements, proposals or understandings, and any other communications between Tommy Anderberg and you relating to the subject matter of this Agreement.