THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Mark of the Unicorn Incorporated ("Motu") End User License Agreement accompanies a Motu‚Ñ¢ software product and related explanatory written materials ("Software"). The term "Software" shall also include any upgrades, modified versions or updates of the Software licensed to you by Motu. This copy of the Software is licensed to you as the end user. Please read this Agreement carefully.
Motu grants to you a non-exclusive license to use the Software, provided that you agree to the following:
1. Use of the Software.
YOU MAY: (a) use the enclosed program on a single computer; (b) physically transfer the program from one computer to another provided that it is used on only one computer at a time and that you remove any copies of the program from the computer from which the program is being transferred; (c) make copies of the program solely for backup purposes. You must reproduce and include the copyright notice on a label on any backup copy.
YOU MAY NOT: (a) distribute copies of the program or the documentation to others; (b) rent, lease or grant sub-licenses of other rights to the program; (c) provide use of the program in a computer service business, network, time-sharing, multiple CPU or multiple user arrangement without the prior written consent of MOTU; (d) translate or otherwise alter the program or related documentation without the prior written consent of MOTU.
2. Copyright. The Software is owned by Motu, and its structure, organization and code are the valuable trade secrets of Motu. The Software is also protected by United States 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 printed 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. No Warranty. The Software is being delivered to you AS IS and Motu makes no warranty as to its use or performance. MOTU AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. MOTU AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL MOTU OF ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A MOTU REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or 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 the above limitations may not apply to you.
4. Governing Law and General Provisions. This Agreement will be governed by the laws of the State of Massachusetts, U.S.A., excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. 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 Motu.
Unpublishable-rights reserved under the copyright laws of the United States, Mark of the Unicorn, Incorporated, 1280 Massachusetts Avenue, Cambridge, MA 02138
FreeStyle, Digital Performer, Performer, Professional Composer, Composer's Mosaic, Unisyn, WaveEdit, MIDI Time Piece, MIDI Time Piece II, Video Time Piece, Video Distribution Amplifier, MIDI Mixer 7s, MIDI Express, MIDI Express PC, MIDI Express PC Notebook, Digital Timepiece, micro express, ClockWorks, and Mark of the Unicorn are trademarks of Mark of the Unicorn, Inc.
TO ACCEPT THIS AGREEMENT, CLICK ACCEPT AND PROCEED WITH INSTALLATION.
TO DECLINE THIS AGREEMENT, CLICK DECLINE. YOU WILL NOT BE ABLE TO USE THE SOFTWARE.
