SOFTWARE TRIAL LICENSE AGREEMENT
This SOFTWARE TRIAL LICENSE AGREEMENT is a legal agreement between you (either an individual or single legal entity) and Audiantis GmbH in Berlin/Germany. By installing or downloading the software and/or using the software, you indicate your acceptance of this Agreement and are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not authorized to install, download or use the software. In this case do not proceed to install or use the software.
1. Grant of License
This license permits you to use the accompanying iSound® computer software and its supporting materials, documentation, media and files (the "SOFTWARE") exclusively for non-commercial testing purposes and for a period not to exceed 90 days from your first use of the SOFTWARE, subject to the following terms and conditions. The SOFTWARE is deemed to be in use when it is installed into the computer system's permanent memory (e.g., on a hard disk or other storage device) or when it is loaded into temporary memory (e.g., RAM).
This license is not a sale of the SOFTWARE and you do not become the owner of the SOFTWARE through your install, download or use. Audiantis GmbH/or it's licensor retain ownership of the SOFTWARE and all copies thereof, and reserves all rights not expressly granted to you under this Agreement. This Agreement constitutes the complete and exclusive agreement, oral or written, between us or any associated company of ours relating to the SOFTWARE.
1.1 YOU MAY:
o Install and use a single copy of the SOFTWARE only on one single computer for the purpose of evaluating the SOFTWARE's features.
o Transfer the SOFTWARE to another computer system for the purpose of evaluating the SOFTWARE's features.
o Create one copy of the SOFTWARE on a storage device, such as an internal network server, provided that this copy is only used to install, archive or run the SOFTWARE on your computer over an internal network.
o Distribute exact copies of the SOFTWARE to others, provided that you only distribute the installation program files for the trial version to others so that they may install and evaluate the entire SOFTWARE, and provided that you make no modifications of or deletions to the installation program files.
1.2 YOU MAY NOT:
o Use, install, distribute, or copy the SOFTWARE except as expressly permitted under this Software License Agreement.
o Modify, decompile, disassemble, or otherwise reverse-engineer the SOFTWARE.
o Sublicense, rent, lease, donate, sell, pledge or transfer on a temporary or permanent basis the original or backup copies of the SOFTWARE or any documentation accompanying the SOFTWARE to any other individual or company.
o Use the SOFTWARE for any commercial purpose, especially not for the communication of your company through your official website with visitors, customers and/or prospective customers.
o Modify or merge the SOFTWARE for the purpose of including as part of any other product, or create derivative works derived from the SOFTWARE, without the prior written consent of Audiantis GmbH in Berlin/Germany.
o Distribute any files or files which the SOFTWARE installs on to your system. However, you are permitted to distribute exact copies of the unaltered installation files for the SOFTWARE.
o Permit others to use the SOFTWARE in any manner which would violate the terms of this Software License Agreement.
o YOU MAY NOT ASSIGN OR OTHERWISE DISPOSE OF, MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL, DISTRIBUTE, NETWORK, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
2. Distributable Files
Audiantis GmbH grants you a royalty-free license to distribute stand-alone program and other files which you generate using the SOFTWARE. The SOFTWARE may install certain files ("Redistributable Files") which Audiantis may specifically designate as files which are permitted to be distributed by certain other licensed users in conjunction with their individual creative works that have been generated using the SOFTWARE. You may not distribute any files which are installed by the SOFTWARE onto your system, and in order to distribute any Redistributable Files you must purchase a license for the full version of the SOFTWARE.
3. Copyrights and Trademarks
Audiantis GmbH retains all rights, title and interest, including all Intellectual Property Rights, in and to the SOFTWARE and its accompanying documentation. The SOFTWARE and its accompanying documentation and other materials are protected by international copyright laws and treaties. iSound® is a trademark of Audiantis GmbH. All other brand and product names mentioned in conjunction with the SOFTWARE are trademarks or registered trademarks of their respective owners.
4. Limited Warranty
Audiantis GmbH warrants the original downloads of the SOFTWARE and all additional materials from its own server for a period of ninty (90) days from the date of receipt. Audiantis GmbH makes no warranty concerning the function or fitness of any downloaded programs under this Trial License Agreement. Audiantis GmbH specifically disclaims all other warranties, expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
AUDIANTIS GmbH MAKES NO WARRANTIES FOR THE SOFTWARE, EITHER EXPRESS OR IMPLIED. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND Audiantis GmbH, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT, DOES Audiantis GmbH, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE SOFTWARE, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED AND ERROR-FREE.
5. Limitation of Liability
YOU ACKNOWLEDGE THAT THE SOFTWARE'S FUNCTIONALITY AND USE MAY NOT BE UNINTERRUPTED OR ERROR-FREE AND THAT THE SOFTWARE IS NOT INTENDED FOR USE IN ANY NUCLEAR, AVIATION, MASS TRANSIT, PRODUCTION, NAVIGATION, MEDICAL OR OTHER INHERENTLY DANGEROUS APPLICATIONS WHERE A FAILURE OF THE SOFTWARE COULD LEAD TO PERSONAL INJURY, DEATH OR PHYSICAL OR ENVIRONMENTAL DAMAGE. YOU HEREBY ASSUME ALL RESPONSIBILITY FOR TAKING ALL APPROPRIATE TESTING, FAIL-SAFE, REDUNDANCY AND OTHER MEASURES TO ENSURE THE SAFE USE OF ANY SUCH APPLICATIONS IF THE SOFTWARE IS USED FOR SUCH PURPOSES, AND CURSORARTS COMPANY DISCLAIMS ALL LIABILITY FOR ANY DAMAGES CAUSED BY SUCH USES OF THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AUDIANTIS GMBH OR ITS AUTHORIZED AGENTS BE HELD LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR OTHER SIMILAR DAMAGES OR CLAIMS WHATSOEVER, INCLUDING LOSS OF PROFITS OR ANY OTHER COMMERCIAL DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVIDING OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR ANY PROVISION OF THIS SOFTWARE LICENSE AGREEMENT, EVEN IF AUDIANTIS GMBH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THOSE JURISDICTIONS WHERE LEGALLY, LIABILITY CANNOT BE EXCLUDED, BUT MAY BE LIMITED, ANY LIABILITY OF AUDIANTIS GMBH OR ITS AUTHORIZED AGENTS SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS ($50 USD) IN TOTAL. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES AND JURISDICTIONS, THE LIABILITY OF AUDIANTIS GMBH OR ITS AUTHORIZED AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ANY LIABILITY OF AUDIANTIS GMBH OR ITS AUTHORIZED AGENTS FOR DAMAGES TO YOU OR ANY OTHER PERSON EVER EXCEED THE PRICE PAID FOR YOUR LICENSE TO USE THE SOFTWARE, REGARDLESS OF ANY FORM OF SUCH CLAIM. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS SOFTWARE LICENSE AGREEMENT.
6. General Provisions
This Software Trial License Agreement represents the entire agreement and understanding between you and Audiantis GmbH with respect to the subject matter hereof, and supersedes all prior written and oral understandings of the parties with respect to the subject matter hereof. This Agreement is governed and shall be construed in accordance with the laws of Germany. This Agreement shall not be governed by the conflict of law rules of any jurisdiction or by the United Nations Convention on Contracts for the International Sale of Goods or any legislation implementing such Convention, the application of which is expressly excluded. In the event a dispute arises under or in connection with this Agreement, you hereby consent to personal jurisdiction of the courts of Berlin/Germany and waive any objection that such forum is inconvenient. This Software Trial License Agreement has been set forth in the English language, which language shall be controlling. Overviews of this Agreement may be made from time to time in other languages by others for purposes of reference, however any version of this Software Trial License Agreement in any other language shall not be binding nor convey any license for use of the SOFTWARE, and in any dispute regarding the interpretation of the provisions of this Software License Agreement this English language version shall prevail as binding. In the event that you choose to update or upgrade the SOFTWARE, Audiantis GmbH may choose to revise the terms of this Software Trial License Agreement in order to reflect new functions or capabilities incorporated into any such updated or upgraded version of the SOFTWARE and you agree to be bound by the terms of any such revised Software Trial License Agreement delivered with the updated or upgraded version of the SOFTWARE. Audiantis GmbH is not obligated under this Agreement to provide you with support for or to make available to you any updated, upgraded or fixed versions of the SOFTWARE. Any waiver by Audiantis GmbH with regard to any violation of this Agreement by you shall not constitute, nor contribute to, a waiver of any other or future violation of the same or other provision of this Agreement. If, for any reason, any provision of this Agreement is declared invalid or otherwise unenforceable, such invalidity or unenforceability shall not affect the remainder of this Agreement, and the other provisions of this Agreement shall continue in full force and effect.
