END-USER LICENSE AGREEMENT FOR
DRUMLIGHTS™ IMPORTANT READ CAREFULLY BEFORE USING DRUMLIGHTS™ This is a
legal agreement between you (either an individual or a single entity) and BROOKS &
FORSMAN DESIGN LLC ("DRUMLIGHTS™") for the DRUMLIGHTS™ software
product identified above, which includes the computer software and associated media and
printed materials and may include "online" or electronic documentation
(collectively the "SOFTWARE "). BY
USING THE SOFTWARE IN ANY MANNER, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE
AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF
THIS LICENSE AGREEMENT, YOU MAY NOT USE THE SOFTWARE AND MAY RETURN YOUR DRUMLIGHTS™
SOFTWARE PRODUCT FOR A REFUND. 1. GRANT OF
LICENSE. Subject to the terms and
conditions of this Agreement, DRUMLIGHTS™ hereby grants you a non-exclusive,
non-transferable license to use, in object code only, one copy of the SOFTWARE for your
internal use only. All rights not expressly
granted herein shall be reserved to DRUMLIGHTS™. 2. DESCRIPTION
OF OTHER RIGHTS AND LIMITATIONS. * Limitations on Copying, Reverse Engineering,
Decompilation, and Disassembly. You may
not copy or use all or any portion of the SOFTWARE or the accompanying printed material
except as expressly permitted herein. You may
not modify, reverse engineer, decompile, or disassemble the SOFTWARE. * Software Transfers/Rental. You may not sell, assign, rent, lease or lend the
SOFTWARE, except that you may permanently transfer all of you rights under this License
Agreement, provided you retain no copies, you transfer all of the SOFTWARE (including all
component parts, the media and printed materials, any upgrades, this License Agreement,
and if applicable, the Certificate of Authenticity), and the recipient agrees in writing
to the terms of this License Agreement. * Export. You
must comply with all applicable * Termination. Without
prejudice to any other rights, DRUMLIGHTS™ may terminate this License Agreement if
you breach any of the terms and conditions of this License Agreement. In such event, you must destroy and/or erase all
copies of the SOFTWARE and all of its component parts.
3. PROPRIETARY
RIGHTS. The SOFTWARE is licensed, not
sold, and is protected by copyright laws and international copyright treaties, as well as
other intellectual property laws and treaties. All
title, copyrights and other proprietary rights in and to the SOFTWARE, any copies thereof
are owned by DRUMLIGHTS™ or its suppliers. No
title to the SOFTWARE or any copy thereof or any associated proprietary rights is
transferred to you by this license. 4. LIMITED
WARRANTY * DRUMLIGHTS™ warrants
to the original end user that for a period of sixty (60) days from the date the DRUMLIGHTS™
is first purchased or otherwise obtained by or for the original end user, the SOFTWARE
will perform substantially in accordance with the specifications for the SOFTWARE as set
forth in the applicable DRUMLIGHTS™ documentation.
* DRUMLIGHTS™ and its
suppliers' or distributors' entire liability, and your exclusive remedy, for any breach of
warranty shall be, at DRUMLIGHTS™'s option, either (a) repair or replacement of
SOFTWARE that does not meet DRUMLIGHTS™'s Limited Warranty, or (b) refund of the
license fee paid as part of the purchase price for your DRUMLIGHTS product and the
SOFTWARE upon return of the software to the place of purchase. This Limited Warranty is void if failure of the
SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted, on the
terms set forth above, for the remainder of the original warranty period or thirty (30)
days, whichever is longer. Outside the * TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, DRUMLIGHTS™ AND ITS SUPPLIERS AND DISTRIBUTORS MAKE NO
OTHER WARRANTIES WITH REGARD TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, AND THERE IS
EXPRESSLY EXCLUDED ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 5. LIMITATION
OF LIABILITY. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT
SHALL DRUMLIGHTS™ OR ITS SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THIS LICENSE OR THE USE OF OR INABILITY TO USE
THE SOFTWARE, EVEN IF DRUMLIGHTS™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES; AND (B) IN NO EVENT SHALL DRUMLIGHTS™'S
LIABILITY (WHETHER IN TORT, CONTRACTS OR OTHERWISE) EXCEED THE AMOUNTS, IF ANY, PAID TO
WESTTEK HEREUNDER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
6. 7. MISCELLANEOUS. This License Agreement constitutes the entire
agreement between you and DRUMLIGHTS™ regarding the SOFTWARE. This License Agreement is governed by the laws of
the State of 8. ALLOCATION
OF RISK. You acknowledge and agree that the price charged by DRUMLIGHTS™ for the Software reflect the
allocation of risks provided by the foregoing limitation of liability. By using the
Software, you acknowledge and represent that you have read and understand these
allocations of risk limiting the liability of DRUMLIGHTS™ , and that you understand
that a modification of the allocation of risks set forth in this Agreement would affect
the price charged by DRUMLIGHTS™ , and that, in consideration of such price, you
agree to such allocation of risk. 9. INJUNCTIVE RELIEF.
You acknowledge that copying or unauthorized use of the Software or other
violations of the terms of this Agreement would irreparably injure DRUMLIGHTS™ ,
which injury could not adequately be compensated by money damages. Accordingly, you agree that DRUMLIGHTS™ may
seek and obtain injunctive relief from the breach or threatened breach of any provision of
this Agreement, in addition to and not in limitation of other legal remedies. 10. ATTORNEYS’
FEES; GOVERNING LAW AND JURISDICTION. In
any action to enforce this Agreement, including without limitation gaining injunctive
relief, the prevailing party shall be entitled to recover, in addition to all other
relief, its reasonable attorneys' fees, costs and expenses incurred in such enforcement
action. The parties agree that the state and
federal courts in 11. ARBITRATION. Any dispute arising under or relating to this
Agreement shall be submitted to binding arbitration before one arbitrator in King County,
Washington in accordance with the then prevailing Commercial Arbitration Rules of the
American Arbitration Association. Judgment
upon any award made in such arbitration may be entered and enforced in any court of
competent jurisdiction; provided that such award shall not include punitive, consequential
or exemplary damages. 12. SEVERABILITY. If any term or condition of this Agreement is
declared by a court of competent jurisdiction to be void or unenforceable, the remaining
terms and conditions hereof shall nevertheless be valid and enforceable; and such void or
unenforceable term shall be modified to the minimum extent necessary to be valid and
enforceable to the fullest extent permitted by applicable law. 13. NO WAIVER. No
waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver
of any other provision, whether or not similar, nor shall any waiver constitute a
continuing waiver. No waiver shall be binding
unless executed in writing by the party making the waiver. 14. ASSIGNMENT. You shall not assign or otherwise transfer the
license, the Software, or any of your obligations under this Agreement to any other person
without the express written consent of DRUMLIGHTS™ .
Any attempted transfer in violation of this Paragraph shall be void. 15. NOTICE. Any notice or other communication with DRUMLIGHTS™
allowed or required under the terms of this Agreement shall be in writing and delivered
personally or mailed by certified mail, return receipt requested, to DRUMLIGHTS™ at
the address set forth below. DRUMLIGHTS™ Jon Forsman 5105 - 16. ENTIRE
AGREEMENT. This Agreement sets forth the
entire agreement between you and DRUMLIGHTS™ with respect to its subject matter and
supersedes any and all written or oral understandings or agreements between us.
AGREE - Download ShowPlayer Software DISAGREE
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