BY COMPLETING THIS SOFTWARE INSTALLATION, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST CANCEL THIS INSTALLATION.
This Audio Simulation End User License Agreement accompanies an Audio Simulation software product and related explanatory materials ("Software"). The term "Software" shall also include any upgrades, modified versions or updates of the Software licensed to you by Audio Simulation. This copy of the Software is licensed to you as the end user. Please read this Agreement carefully.
Audio Simulation grants to you a nonexclusive license to use the Software, provided that you agree to the following:
1. Use of the Software.
a. You may install the Software in a single location on a hard disk or other storage medium; install and use the Software on a file server for local execution over your network (but not for the purpose of copying onto a local disk or other storage device); and make backup copies of the Software.
b. You may transfer the Software from one computer to another over your network, or relocate the Software on your site, but you may not copy it to additional sites over the network or make additional copies for use on additional networks or sites.
2. Copyright. The Software is owned by Audio Simulation. Its structure, organization and code are the valuable trade secrets of Audio Simulation. The Software is also protected by International Copyright Law and International Treaty provisions. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You may use trademarks only to identify output produced by the Software, in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software.
3. Transfer. You may not rent, lease, or sublicense the Software. You may, however, transfer all your rights to use the Software to another person or entity, provided that you transfer this Agreement with the Software.
4. No Warranty. The Software is being delivered to you AS IS and Audio Simulation make no warranty as to its use or performance.
AUDIO SIMULATION AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. AUDIO SIMULATION AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL AUDIO SIMULATION OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN AUDIO SIMULATION REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so one or more of the above limitations may not apply to you.
5. This contract shall be exclusively subject to the laws of the country or state in which the contract is published. If any one stipulation of this Licence contract should be or become invalid, completely or in part, this shall not affect the validity of the remaining stipulations. The parties undertake instead to replace the invalid stipulation with a valid regulation which comes as closely as possible to the purpose originally intended.
Place of jurisdiction is location of the national sales company or agent. Audio Simulation can also, however, at its free discretion, open proceedings at the registered address of the Licensee. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of Audio Simulation.
Audio Simulation and Dream Station are registered trademarks which may be registered in certain jurisdictions.
Your acceptance or decline of the foregoing Agreement [was] indicated during installation.
If you should have any queries concerning this License contract or wish to speak to Audio Simulation about any matter, please contact the following address in writing: Audio Simulation, P.O. BOX. 348, Budapest 1152, Hungary.
