BEFORE YOU USE ASHKON MP3 TAG EDITOR, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY USING ASHKON MP3 TAG EDITOR FOR THE FIRST TIME, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.
1. ASHKON SOFTWARE LLC ("ASHKON SOFTWARE") grants to you a non-exclusive, non-sublicensable, license to use this version of the Ashkon MP3 Tag Editor software (the "Software"), in binary executable form for individual use only.
2. ASHKON SOFTWARE LLC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. FURTHER, ASHKON SOFTWARE LLC DOES NOT WARRANT, GUARANTEE, OR TAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. NEITHER ASHKON SOFTWARE LLC NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THELIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT EVEN IF ASHKON SOFTWARE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SOFTWARE IS PROVIDED GRATUITOUSLY AND, ACCORDINGLY, ASHKON SOFTWARE LLC SHALL NOT BE LIABLE FOR ANY LOSSES SUFFERED BY YOU OR ANY OTHER USER AS A RESULT OF USING THE SOFTWARE OR INABILITY TO USE THE SOFTWARE.
3. All content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright law. This License gives you no rights to such content.
4. While ASHKON SOFTWARE LLC may intend to distribute a new commercial release of the Software, ASHKON SOFTWARE LLC reserves the right at any time not to release a new commercial release of the Software or, if released, to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release.
5. Title, ownership rights, and intellectual property rights in and to the Software shall remain in ASHKON SOFTWARE LLC and/or its suppliers. You agree to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws. You acknowledge that the Software in source code form remains a confidential trade secret of ASHKON SOFTWARE LLC and/or its suppliers and therefore you agree not to modify the Software or attempt to decipher, decompile, disassemble or reverse engineer the Software, except to the extent applicable laws specifically prohibit such restriction.
6. ASHKON SOFTWARE LLC may terminate this License at any time by delivering notice to you and you may terminate this License at any time by destroying or erasing your copy of the Software. Upon termination of this License you agree to destroy or erase the Software. In the event of termination, the following sections of this License will survive: 2, 3, 4, 5, 6, 7 , 8 and 9. This License is personal to you and you agree not to assign your rights herein. This License shall be governed by and construed in accordance with the laws of the State of Washington and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. This License sets forth the entire agreement between you and ASHKON SOFTWARE LLC.
7. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA AR Supplement.
8. You may not download or otherwise export or reexport the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the Software or underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Haiti, Iraq, Libya, North Korea, Iran or Syria or (ii) to anyone on the US Treasury Department's list of Specially Designated Nationals or the US Commerce Department's Table of Deny Orders. By downloading the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under control of, or a national or resident of any such country or on any such list.
9. ASHKON SOFTWARE LLC OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR (a) INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OF ANY SORT, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE, EVEN IF ASHKON SOFTWARE LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR (b) FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
