END-USER LICENSING AGREEMENT (EULA)
This is a legal agreement between AudiosourceRE DAC (hereinafter called AudioSourceRE) and you, the end-user (hereinafter called the Licensee) for the use of AudioSourcere software and all third-party software that accompanies this Agreement, including any associated media, content and online-based services (collectively known as the “Licensed Software”).
PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL, COPY OR USE THE LICENCED SOFTWARE. PLEASE RETURN IT TO THE PLACE OF PURCHASE AND YOUR PURCHASE PRICE WILL BE REFUNDED.
If you have purchased the software through our website, please see Terms of Sale and Consumer Policy.
1. Third-Party Copy Protection and Personal Data Information Protection.
AudioSourceRE software uses PACE Anti-Piracy, Inc., copy protection. PACE is a third-party company based outside of the EU/EEA. To use our software, you must have a Pace/ilok security account. To obtain an account from PACE, you will need to provide them with some personal data. If you do not wish to do so, you will not be able to use our software.
By ordering a license key from AudioSourceRE’s web site or by installing or using the Licensed Software, you agree to be bound by the terms of this License Agreement in its entirety.
2. Granting of your License
AudioSourceRE grants a license to use the software on the provision that you, the Licensee complies with all terms and conditions of this EULA. The license is a personal, non-exclusive and non-transferable license, with no right to grant sublicenses, to install and use one copy of the Licensed Software on one computer or other devices at any one time. The application, demonstration, system, and other software and materials accompanying this License, whether on disk, in read-only memory, through EDD(Electronic Digital Download)are licensed to you by AudioSourceRE and its Licensors. You own the disk on which the Software is recorded but AudioSourceRE and/or AudioSourceRE’s licensors retain title to the Software, and all related documentation, and materials.
The Licensee can make one copy of the Licensed Software in machine-readable form for backup purposes only, provided that this backup-copy includes all copyright and other proprietary notices contained on the Licensed Software.
The terms of this License Agreement will govern any updates, upgrades, add-on-components or online-based services to the Licensed Software AudioSourceRE may provide to the Licensee unless these are specifically accompanied by a separate license agreement. AudioSourceRE reserves the right to discontinue any of the above services to the Licensed Software.
The Licensed Software may include certain Media Elements (e.g. audio files, graphics etc.) for use of the Licensee but the Licensee is not allowed to sell, license or distribute copies of these Media Elements by themselves or as the primary part of any collection, product or service.
3. Restrictions on use
The Software contains copyrighted material, trade secrets, and other proprietary material. The Licensee may not decompile, disassemble or reverse engineer the Licensed Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not modify, rent, lease, lend, distribute or create derivative works based upon the Software in whole or in part nor provide commercial hosting services with AudioSourceRE Licensed Software.
Licensed Software can be used to reproduce materials. It is licensed to the Licensee only for the reproduction of non-copyrighted materials or materials in which the Licensee either owns the copyright or the Licensee is otherwise authorized or legally permitted to reproduce and create derivative works of any copywritten material. The Licensee is solely responsible for procuring authorisation and permission in advance of creating and publishing finished derivatives of copywritten materials and is solely responsible and liable for all repercussions and consequences arising from a failure to do so including any incidental, special, indirect or consequential damages whatsoever, including, without limitation, commercial damages.
4. Reservation of rights and ownership
The Licensed Software is protected by copyright and other intellectual property laws and treaties. All title to, and intellectual property rights in, the Licensed Software are and shall remain owned and/or controlled by AudioSourceRE and/or AudioSourceRE’s licensors.
The Licensee owns the media on which the Licensed Software is recorded but the ownership of the Licensed Software itself is retained by AudioSourceRE and/or AudioSourceRE’s licensors.
5. Consent to use of Licensee data
The Licensee agrees that AudioSourceRE and its subsidiaries may collect and use technical information gathered as part of the product support and other services related to the Licensed Software. AudioSourceRE may use this information to improve AudiosourceRE’s products or to provide services or technologies to the Licensee provided it is in a form that does not personally identify the Licensee.
This License Agreement is effective until terminated. All rights of the Licensee under this License Agreement will terminate automatically without notice from AudioSourceRE if Licensee fails to comply with any term(s) of this License Agreement. Upon the termination of this License Agreement, Licensee shall cease all use of the Licensed Software and destroy all copies, full or partial. You may terminate this License at any time by destroying the Software and all related documentation and all copies thereof.
7. Limited warranty
AudioSourceRE warrants the media on which the Licensed Software is recorded and delivered to be free from defects in materials and workmanship under normal use for ninety (90) days from the date of original retail purchase. The exclusive remedy of the Licensee under this Section shall be, at AudioSourceRE’s sole option, a refund of the purchase price of the product containing the Licensed Software or the replacement of the Licensed Software which is returned to AudioSourceRE or an authorized representative of AudioSourceRE with a copy of the receipt. This limited warranty and any implied warranties including, but not limited to, the implied warranties of merchantability, of satisfactory quality and fitness for a particular purpose, are limited in duration to 90 (ninety) days from the date of the original retail purchase of the Licensed Software. This limited warranty is the only warranty made to the Licensee and is provided in lieu of any other warranties (if any) created by any documentation or packaging. The Licensee may also have other legal rights which vary by jurisdiction.
Any supplement, updates, upgrades, or online-based services to the Licensed Software provided to the Licensee after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
8. Disclaimer of Warranties on AudiosourceRe Software
The Licensee expressly acknowledges and agrees that the use of the Licensed Software is at his/her sole risk and that the entire risk as to satisfactory, quality, performance, accuracy, and effort is with the Licensee.
To the maximum extent permitted by applicable law, the Licensed Software is provided “as is”, with all faults and without warranty of any kind and AudiosourceRE and /or AudioSourceRE’s Licensors hereby disclaim all warranties and conditions with respect to the Licensed Software, either express, implied or statutory, including but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality and fitness for a particular purpose, of accuracy and non-infringement of third party rights. AudioSourceRe does not warrant or make representations regarding the use or the results of the use of the software and related documentation in terms of their correctness, accuracy, reliability, or otherwise.
No information or advice given by AudioSourceRE or any authorised representative shall create a warranty or in any way increase the scope of this warranty. AudioSourceRE disclaims any or all express warranties of any kind or implied and the user expressly assumes all liabilities and risks, for the use or operation of the software without limitation.
Should the software prove defective the user assumes the entire cost of all servicing, repair, or correction. AudioSourceRE does especially not warrant, that the functions contained in the Licensed Software will meet the requirements of the Licensee, that the operation of the Licensed Software will be uninterrupted or error-free or that defects in the Licensed Software will be corrected.
9. Limitation of Liability
AudioSourceRE shall not be liable for personal injury or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to the use or inability to use the Licensed Software, however caused, regardless of the territory of liability – contract, tort or otherwise – and even if AudioSourceRE has been advised of the possibility of such damages. In no event shall AudiosourceRE’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, including negligence or otherwise) exceed that portion of the amount paid by you for the software and which is attributable to the Software. The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
10. Applicable law & Severability
This License shall be governed by and construed in accordance with the laws of the Republic of Ireland. If for any reason a court of competent jurisdiction ﬁnds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible to affect the intent of the parties, and the remainder of this License shall continue in full force and effect. In lieu thereof, there shall be added a provision as similar in terms to such illegal, invalid and unenforceable provision as may be possible and be legal, valid and enforceable
This License Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
Should you have any questions or comments concerning this license, please contact AudioSourceRE DAC, Rubicon Centre, Bishopstown, Cork City, Republic of Ireland. www.AudioSourceRE.com.