| ||End-User License Agreement for GuitarVision Player
Copyright (c) 2002 and 2003 vmusicsystems, inc.
All Rights Reserved.
You ("Customer") should carefully read the following terms and
conditions before using this Software. Unless you have a different license agreement signed by vmusicsystems, inc., your use, distribution, or installation of this Software indicates your acceptance of this License. All updates to the Software shall be considered part of the Software and subject to the terms of this Agreement. Changes to this Agreement may accompany updates to the Software, in which case, by installing such update, Customer accepts the terms of the Agreement as changed.
This Software is owned by vmusicsystems, inc. and is protected by national copyright laws and international copyright treaties.
1. GRANT OF LICENSE AND PROHIBITIONS. This Software is licensed to you.You are not obtaining title to the Software or any copyrights. You may not rent, lease, modify, translate, reverse-engineer, de-compile, disassemble or create derivative works based on this Software. Permission must be obtained before mirroring or redistributing copies of this Software.
2. USE PERIOD. A copy of this Software is considered in use when loaded into temporary memory
(i.e., RAM) and/or installed on a permanent storage device (i.e., hard disk, CD-ROM, etc). You may
use one copy of this Software on two client computers that you own. In order to obtain a multi-computer
or network license, you must make a formal request via e-mail to vmusicsystems, inc. at
email@example.com. You may
make, install, and use additional copies of this Software up to the number of copies authorized
by vmusicsystems, inc. Violating these terms will void all warranties and disable use of any purchased
songs for this Software.
3. LIMITED WARRANTY. vmusicsystems, inc. warrants that, for a period of ninety (90) days from
the date of acquisition, this Software, if operated as directed, will substantially achieve the functionality
described in the Documentation. vmusicsystems, inc. does not warrant, however, that your use
of the Software will be uninterrupted or that the operation of the Software will be error-free or secure.
(i) NO OTHER WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, vmusicsystems, inc. DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE, THE ACCOMPANYING WRITTEN MATERIALS, AND ANY ACCOMPANYING HARDWARE. If any modifications are made to the Software by you during the warranty period or if you violate the terms of this License Agreement, this warranty shall immediately terminate. This warranty shall not apply if the Software is used on or in conjunction with hardware or Software other than the unmodified version of hardware and Software with which the Software was designed to be used as described in the Documentation. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS; YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
(ii) CUSTOMER REMEDIES: vmusicsystems' sole liability for a breach of this warranty shall be in vmusicsystems' sole discretion: (i) to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (ii) if the above remedies are impracticable, to refund the license fee, if any, you paid for the Software.
4. LIMITATION ON CONSEQUENTIAL DAMAGES. NEITHER VMUSICYSTEMS NOR ANYONE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF VMUSICYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
5. TERMINATION. This License Agreement will automatically terminate if
you fail to comply with any term hereof. No notice shall be required from vmusicsystems, inc. to
effect such termination. You may also terminate this License Agreement at any time by notifying
vmusicsystems, inc. in writing of termination. Upon any termination of this License Agreement, you
shall immediately discontinue use of the Software and shall within three (3) days return to vmusicsystems, inc.,
or certify destruction of, all full or partial copies of the Software, documentation and related materials
provided by vmusicsystems, inc.
6. GOVERNING LAW. The agreement shall be governed by the laws of the
State of California. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a state or federal court of competent jurisdiction located in San Francisco, California. The parties hereby consent to the personal jurisdiction of such courts.
7. U.S. GOVERNMENT RESTRICTED RIGHTS. This Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (a) of the Rights in Commercial Computer Software clause at DFARS 227.7202-3 or subparagraphs (c)(1) and (2) of the Commercial Computer Software -- Restricted Rights clause at 48 CFR 52.227-19, as applicable. Manufacturer is:
1 Bush Street, 13th Floor
San Francisco, CA 94104
8. EXPORT LAW. This Software is subject to export control. The Software may be transmitted, exported, or re-exported only under applicable export laws and restrictions and regulations of the United States Bureau of Industry and Security or foreign agencies or authorities. By downloading or using the Software, you are agreeing to comply with export controls.
The Software may not be downloaded or otherwise exported or re-exported to any country subject to U.S. trade sanctions governing the Software, sanctioned countries including Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or by citizens or residents of such countries except citizens who are lawful permanent residents of countries not subject to such sanctions, or by anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders.
9. PERSONAL INFORMATION AND PRIVACY: Information collected during Software provisioning and product registration includes name, e-mail address, and systems information.
vmusicsystems uses this information to:
a) Verify access rights to Software.
b) To provide you with information about products, services, news and events.
c) To allow you to utilize additionally purchased product components.
You are responsible for maintaining the confidentiality of your password and account information.
You are responsible for all activities that occur in your account and you agree to
notify vmusicsystems, inc. immediately of any unauthorized account use. vmusicsystems, inc. is
in no way responsible for any loss that you may incur as a result of any unauthorized use of your user account and password.
10. TECHNICAL SUPPORT: Technical support for the Software, as made available by vmusicsystems, inc., may be requested by e-mailing firstname.lastname@example.org.