RingtoneExpress End user license agreement
LICENSE AGREEMENT FOR THE PRODUCT "RingtoneExpress"
This license agreement (herein referred to as “License”, “License Agreement”, “Terms” or “Agreement”) applies to RingtoneExpress and all its editions developed by Steffens Enterprises No.2 Pty Ltd.
BY DOWNLOADING AND/OR USING SOFTWARE, THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT ("LICENSEE") IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE LICENSEE MUST NOT INSTALL OR USE THE SOFTWARE. LICENSEE CONSENTS AND AGREES TO ABIDE BY THE COPYRIGHT LAWS OF THEIR RELAVENT JURISDICTION.
Product - The product licensed by Licensor under the title `RingtoneExpress`
Licensor - Steffens Enterprises No.2 Pty Ltd, except under situations described in section 1, ‘License Agreement`
Licensee - The entity or person licensing Product
Minimum System Requirements - A PC running Microsoft Windows Windows XP or later
Designated Equipment - Any computer owned and maintained by Licensee that satisfies the Minimum System Requirements.
Business Unit - Where Licensee is an individual and has not purchased the product for use in, or on behalf of a business, government or semi-government entity: Business Unit shall mean any Designated Equipment owned personally by him. Where Licensee is a business, government or semi-government entity or Licensee is an individual purchasing the product for use in or on behalf of such an entity: Business Unit shall mean any Designated Equipment owned by the licensing entity.
1. LICENSE AGREEMENT. In this Agreement "Licensor" shall mean Steffens Enterprises No.2 Pty Ltd except under the following circumstances: (i) if Licensee acquired the Product as a bundled component of a third party product or service, then such third party shall be Licensor; and (ii) if any third party software is included as part of the default installation and no License is presented for acceptance the first time that third party software is invoked, then the use of that third party software shall be governed by this Agreement, but the term "Licensor," with respect to such third party software, shall mean the manufacturer of that software and not LICENSOR. With the exception of the situation described in (ii) above, the use of any included third party software product shall be governed by the third party`s License agreement and not by this Agreement, whether that License agreement is presented for acceptance the first time that the third party software is invoked, is included in a file in electronic form, or is included in the package in printed form. If more than one License agreement was provided for the Product, and the terms vary, the order of precedence of those License agreements is as follows: a signed agreement, a License agreement available for review on the LICENSOR website, a printed or electronic agreement that states clearly that it supersedes other agreements, a printed agreement provided with the Product, an electronic agreement provided with the Product.
2. LICENSE GRANT. Licensor grants Licensee a non-exclusive and non-transferable License to use for personal or internal business purposes the Product in an unaltered form on the number of pieces of Designated Equipment set forth in sections 2.1, 2.2 and 2.3. The Product shall be used only on such systems if they are in good working order and operating properly which the licensee hereby warrants to the licensor. Licensee agrees not to violate applicable copyright laws their country and accepts full liability for any and all breaches of copyright law applicable in the jurisdiction.
Additionally, Licensee must have reliable, working backups of all data on the system upon which Product will be installed and of any mobile device being used with this product. Backups must have been made such that in the event of loss of data or corruption it is possible to fully restore the Licensee`s system(s) states within 24 hours (which the Licensee so warrants to the Licensor).
The Licensee must not disclose, transfer or make available to any third party the software nor any license information such as product serial numbers, activation codes or any other information provided to them without the expressed, written prior permission of Licensor.
2.1 The Licensee may install Product on exactly 1 piece of Designated Equipment;
3.1 Licensee is entitled to receive error corrections, bug fixes, patches and other minor updates made to the version of the Product licensed by Licensor except as described in sections 3.2 and 3.3.
3.2 Licensee is entitled to major upgrades of the Product for a period of 6 months from purchase. Further extensions to this will be made at the sole discression of Licensor.
3.3 From time to time, Licensor may declare any version of the Product as having reached it`s “End of Life”. No further support, error corrections, bug fixes, patches or other updates will be made to products declared as having reached their “End of Life” period. Licensee is not entitled to freely receive any other version of Product, except as at Licensor`s sole discretion.
3.4 Other Modifications. Licensee may, from time to time, request that Licensor incorporate certain features, enhancements or modifications into the Product. Licensor may, in its sole discretion, undertake to incorporate such changes and distribute the Product so modified to all or any of Licensor`s licensees.
3.5 Title to Modifications. All such error corrections, bug fixes, patches, updates or other modifications shall be the sole property of Licensor.
4. RESTRICTIONS. Except as otherwise expressly permitted in this Agreement, or in another Licensor agreement to which Licensee is a party such as a distribution agreement, Licensee may not: (i) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product; (ii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Product; (iii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product; or (iv) publish any results of benchmark tests run on the Product to a third party without Licensor`s prior written consent.
5. FEES. In consideration of the license rights granted in section “License Grant” above, Licensee shall pay the license fees for the Product as published on Licensor`s Website or the amount agreed on in writing between the Licensor and Licensee. There shall be no license fee to evaluate the trial version of the product made publicly available by Licensor.
Licensee shall be responsible for paying all (i) sales, use, excise, value-added, or other tax or governmental charges imposed on the licensing or use of the Product hereunder, (ii) freight, insurance and installation charges, and (iii) import or export duties or like charges.
6. TERMINATION. Without prejudice to any other rights, Licensor may terminate this Agreement if Licensee breaches any of its terms and conditions. Upon termination, Licensee shall destroy all copies of the Product.
7. PROPRIETARY RIGHTS. Title, ownership rights, and intellectual property rights in the Product shall remain in LICENSOR and/or its suppliers. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with LICENSOR`s or its suppliers` ownership of or rights with respect to the Product. The Product is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Product is the property of the applicable content owner and is protected by applicable law. The License granted under this Agreement gives Licensee no rights to such content.
8. DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS BORNE BY LICENSEE. SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT LICENSOR OR ITS SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. IN ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY THE PRODUCT MAY HAVE INHERENT LIMITATIONS, AND LICENSEE MUST DETERMINE THAT THE PRODUCT SUFFICIENTLY MEETS ITS REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
THE LICENSOR IS NOT AWARE OF (AND IS UNABLE TO MAKE ANY INQUIRIES) ABOUT THE CONFIGURATION/CONDITION OF THE LICENSEE`S SYSTEMS (INCLUDING SOFTWARE) AND MAKES NO WARRANTIES ABOUT THE COMPATIBILITY/SUITABILITY OF THE PRODUCT WITH THE LICENSEE`S SYSTEMS (INCLUDING SOFTWARE). THE LICENSEE IS HEREBY ADVISED THAT IT SHOULD ENGAGE ITS OWN IT CONSULTANT/TECHNICIAN/EXPERT TO CARRY OUT INVESTIGATIONS INTO THE COMPATIBILITY/SUITABILITY OF THE PRODUCT WITH THE LICENSEE`S SYSTEMS (INCLUDING SOFTWARE BEFORE INSTALLING THE PRODUCT. THE LICENSEE HEREBY INDEMNIFIES THE LICENSOR (INCLUDING THE LICENSOR`S DIRECTORS/SERVANTS/AGENTS/EMPLOYEES FROM ALL LOSS AND DAMAGE DIRECTLY OR INDIRECTLY RELATING TO THE INSTALLATION AND/OR USE OF THE PRODUCT IN THE LICENSEE`S SYSTEMS (INCLUDING SOFTWARE)
9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR`S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY LICENSOR UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. LICENSOR IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
10. HIGH RISK ACTIVITIES. The Product is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Product could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, Licensor and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. Licensee agrees that Licensor and its suppliers will not be liable for any claims or damages arising from the use of the Product in such applications.
11. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. (b) This Agreement may be amended only by a writing signed by both parties. (f) If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. (g) The controlling language of this Agreement is English. If Licensee has received a translation into another language, it has been provided for Licensee`s convenience only. (h) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (i) The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination. (j) Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein except in the case of a merger or the sale of all or substantially all of Licensee`s assets to another entity. (k) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (l) Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. (m) The relationship between Licensor and Licensee is that of independent contractors and neither Licensee nor its agents shall have any authority to bind Licensor in any way. (n) If any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith. (o) If any LICENSOR professional services are being provided, then such professional services are provided pursuant to the terms of a separate Professional Services Agreement between LICENSOR and Licensee. The parties acknowledge that such services are acquired independently of the Product licensed hereunder, and that provision of such services is not essential to the functionality of such Product. (p) The headings to the sections of this Agreement are used for convenience only and shall have no substantive meaning. (q) Licensor may use Licensee`s name in any customer reference list or in any press release issued by Licensor regarding the licensing of the Product and/or provide Licensee`s name and the names of the Product licensed by Licensee to third parties.
12. GOVERNING LAW; JURISDICTION AND VENUE. The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of Queensland, Australia. The Queensland state courts of Australia shall have exclusive jurisdiction and venue over any dispute arising out of this Agreement, and Licensee hereby consents to the jurisdiction of such courts.
13. GOVERNMENT CONTRACTS. If the Product is for use in the performance of a government contract or subcontract, the software shall be provided on a "restricted rights" basis only and Licensee shall place a legend, in addition to applicable copyright notices, in the form provided under the governmental regulations. Licensor shall not be subject to any flowdown provisions required by the governmental customer unless agreed to by LICENSOR in writing.
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-- BEGIN 3rd PARTY LICENSES USED IN RINGTONEEXPRESS --
Portions copyright LAME. www.mp3dev.org. Used under LGPL; see below for license terms.
Portions copyright FFMPEG. FFmpeg is a trademark of Fabrice Bellard, originator of the FFmpeg project. http://ffmpeg.mplayerhq.hu/ . Used under LGPL; see below for license terms.
Portions copyright Andy Hume
Portions copyright Peter Foot, In The Hand Ltd
Portions copyright (c) 2004-2006 Jaroslaw Kowalski ; see NLog section below for license terms.
Portions copyright Thompson.
Portions copyright Microsoft Corporation.
Portions copyright (C) 2002-2003 Idael Cardoso. Email: email@example.com
GNU LESSER GENERAL PUBLIC LICENSE
Version 3, 29 June 2007
Copyright (C) 2007 Free Software Foundation, Inc.
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
This version of the GNU Lesser General Public License incorporates the terms and conditions of version 3 of the GNU General Public License, supplemented by the additional permissions listed below.
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