IMPORTANT: THIS LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND IZOTOPE, INC. FOR THE ABOVE SOFTWARE PRODUCT. IT IS A LICENSE, NOT A SALE. PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE ACCEPTING ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. The enclosed software and accompanying written materials (together called the "Product") are licensed, not sold, to you by iZotope, Inc. ("iZotope") for use only under the terms and conditions of this nonexclusive license ("License"). iZotope reserves any rights not expressly granted to you. 1. License. This License grants you the following rights: (a) You may use this Product on a single computer that is not functioning as a server at any one time. If the Product package includes more than one operating environment versions of the software (e.g., a Macintosh and a Windows version) or more than one language translation versions of the software (e.g., an English and a Japanese version), you may only use one of the versions, except as provided in section 1(b). (b) You may make one copy of the Product solely for backup purposes provided that the backup copy is not installed or used on any computer. In addition, the primary user of the computer on which the software is installed may make a second copy for his or her exclusive use on either a home or portable computer. As an express condition of this License, you must reproduce any copyright notice or other proprietary notice that is on the original copy supplied by iZotope. (c) If the Product contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy any printed materials accompanying the Product. (d) If you are the initial licensee, you may make a one-time permanent transfer of all your rights to use this Product only directly to an end user, provided that you transfer all of the Product (including all parts of the Product, any accompanying written materials, this License and any registration information) and provided that you destroy all copies of the Product and all of its parts. The transferee of such one-time transfer must also agree to comply with the terms of this License, including the obligation not to further transfer this Product and License. 2. Restrictions. This Product is owned by iZotope or its suppliers, contains valuable trade secrets, and is protected by copyright or other intellectual property laws and treaty. You may not do the following: (a) You may not make any copy of any part of the Product without iZotope's prior consent, except as provided in sections 1(b) and 1(c). (b) You may not rent, lease, sub-license, loan, lend, modify, adapt, translate or create derivative works based on the software or any part of the software. In addition, you may not decompile, disassemble, reverse engineer or otherwise try to discover the source code of the software. 3. Termination. If you fail to comply with any terms or conditions of this License, this License will terminate immediately without notice from iZotope. In such event, you must destroy all copies of the Product and all of its parts. Sections 4, 5 and 6 will survive any termination. 4. Liability: iZotope's and its suppliers' entire liability and your exclusive remedy will be, at iZotope's option, either refund of the purchase price paid, or else repair or replacement of the Product that does not meet the foregoing limited warranty and which is returned to iZotope with a dated proof of purchase. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IZOTOPE OR ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, WITH REGARD TO THE PRODUCT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 5. Limitation of Liability. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL IZOTOPE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS OR SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY PECUNIARY LOSS), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF IZOTOPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IZOTOPE'S ENTIRE LIABILITY TO YOU UNDER ANY PROVISION OF THIS LICENSE WILL BE LIMITED TO THE AMOUNT OF MONEY ACTUALLY PAID BY YOU FOR THE PRODUCT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 6. Miscellaneous. This License is governed by the laws of the Commonwealth of Massachusetts.
