IMPORTANT! Do not install or use this software before you have read this license agreement. By proceeding to install or use this software you are indicating your acceptance of all the terms and conditions stated in this agreement.
END USER LICENSE AGREEMENT FOR MUVAUDIO
This End-User License Agreement ("EULA") is a legal agreement between you
(either an individual or a single entity) and the mentioned author, MuvEnum,
LLC, of this Software for the SOFTWARE PRODUCT identified above, which includes
computer software and may include associated media, printed materials, and
"online" or electronic documentation ("SOFTWARE PRODUCT").
All versions of the SOFTWARE PRODUCT are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The sole property belongs to MuvEnum, LLC. The SOFTWARE PRODUCT may not be duplicated, sold, distributed or utilized in any manner not described herein without the prior written consent of MuvEnum, LLC. Parties interested in licensing the SOFTWARE PRODUCT for other than personal use should contact MuvEnum, LLC at firstname.lastname@example.org.
1. GRANT OF LICENSE
MuvEnum, LLC grants you the following rights provided that you comply with all terms and conditions of this EULA:
(i) EVALUATION LICENSE
You may install and use an unlimited number of copies of the SOFTWARE PRODUCT on an unlimited number of machines.
(ii) REGISTERED LICENSE
You may install and use a copy of the SOFTWARE PRODUCT on up to two (2) personal computers.
a) Reproduction and Distribution. You may not reproduce nor distribute any number of copies of the SOFTWARE PRODUCT.
b) Reservation of Rights. MuvEnum, LLC reserves all rights not expressly granted to you in this EULA.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
a) Reverse Engineering, Decompilation, Disassembly and Modification. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT and change (add, delete or modify) the resources of the compiled assembly, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. THERE ARE TECHNOLOGICAL MEASURES IN THIS SOFTWARE THAT ARE DESIGNED TO PREVENT UNLICENSED USE OF THE SOFTWARE PRODUCT. You may not be able to exercise your rights to the Software under this EULA after a finite number of SOFTWARE PRODUCT launches unless you register your copy of the SOFTWARE PRODUCT in the manner described during the launch sequence. You may also need to reactivate the SOFTWARE PRODUCT if you modify your computer hardware or alter the SOFTWARE PRODUCT. MuvEnum, LLC will use those measures to confirm you have a legally licensed copy of the SOFTWARE PRODUCT. If you are not using a licensed copy of the SOFTWARE PRODUCT, you are not allowed to install the SOFTWARE PRODUCT or future SOFTWARE PRODUCT updates. MuvEnum, LLC will not collect any personally identifiable information from your device during this process.
b) Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than two computers.
c)Software Transfer. You may not transfer any of your rights under this EULA.
d)Termination. Without prejudice to any other rights, the Author of this Software may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
The SOFTWARE PRODUCT is owned by MuvEnum, LLC and is protected by copyright laws and international treaty provisions, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. You must therefore treat the SOFTWARE PRODUCT like any other copyrighted material.
4. RESERVATION OF RIGHTS AND OWNERSHIP
MuvEnum, LLC reserves all rights not expressly granted to you in this EULA. The SOFTWARE PRODUCT is protected by copyright and other intellectual property laws and treaties. MuvEnum, LLC or its suppliers own the title, copyright, and other intellectual property rights in the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold. This EULA does not grant you any rights to trademarks or service marks of MuvEnum, LLC.
5. LIMITED WARRANTY
MuvEnum, LLC warrants that the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying materials for a period of thirty (30) days from the date of receipt. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (THIRTY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE THIRTY DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the SOFTWARE PRODUCT, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the thirty day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by MuvEnum, LLC, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the SOFTWARE PRODUCT does not meet MuvEnum, LLCs Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. MuvEnum, LLC and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the SOFTWARE PRODUCT shall be, at MuvEnum, LLC option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the SOFTWARE PRODUCT, or (b) repair or replacement of the SOFTWARE PRODUCT, that does not meet this Limited Warranty and that is returned to MuvEnum, LLC with a copy of your receipt. You will receive the remedy elected by MuvEnum, LLC without charge, except that you are responsible for any expenses you may incur. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and MuvEnum, LLC will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with MuvEnum, LLcs warranty remedy procedures. Outside the United States or Canada, neither these remedies nor any SOFTWARE PRODUCT support services offered by MuvEnum, LLC are available without proof of purchase from an authorized international source. Support will be given to users of a registered license of the SOFTWARE PRODUCT.
6. DISCLAIMER OF WARRANTIES.
The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, MuvEnum, LLC and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the SOFTWARE PRODUCT, and the provision of or failure to provide support or other services, information, software, and related content through the SOFTWARE PRODUCT or otherwise arising out of the use of the SOFTWARE PRODUCT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MUVENUM, LLC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MUVENUM, LLC OR ANY SUPPLIER, AND EVEN IF MUVENUM, LLC OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Without prejudice to any other rights, MuvEnum, LLC may cancel this EULA at anytime and without notice if you do not abide by the terms and conditions of this EULA, or the terms and conditions of any other agreement with MuvEnum, LLC, it's partners, affiliates, or resellers, in which case you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
8. CONSENT TO USE OF DATA
You agree that MuvEnum, LLC and its affiliates may collect and use technical information you provide as a part of support services related to the SOFTWARE PRODUCT. MuvEnum, LLC agrees not to use this information in a form that personally identifies you.
9. NO LIABILITY FOR DAMAGES.
In no event shall the author of this Software be liable for any special, consequential, incidental or indirect 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 the use of or inability to use this SOFTWARE PRODUCT, even if the Author of this Software is aware of the possibility of such damages and known defects.
10. LINKS TO THIRD PARTY SITES.
MuvEnum, LLC is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. MuvEnum, LLC is providing these links and access to third-party sites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by MuvEnum, LLC of the third-party site or service.
The SOFTWARE PRODUCT is shareware. It may be used for the duration of trial period before needing to be purchased. Visit http://www.muvenum.com/ for more information. Once purchased, to register your copy, you must have internet access on the machine on which you are wanting to active the SOFTWARE PRODUCT.
Mandatory Activation. THERE ARE TECHNOLOGICAL MEASURES IN THIS SOFTWARE THAT ARE DESIGNED TO PREVENT UNLICENSED USE OF THE SOFTWARE. You may not be able to exercise your rights to the SOFTWARE PRODUCT under this EULA after a finite number of days of use unless you activate your copy of the SOFTWARE PRODUCT in the manner described during the launch sequence. You may also need to reactivate the SOFTWARE PRODUCT if you modify the Computer or alter the SOFTWARE PRODUCT. MuvEnum, LLC, or their affiliates, will use those measures to confirm you have a legally licensed copy of the SOFTWARE PRODUCT. MuvEnum, LLC their affiliates will not collect any personally identifiable information from your Computer during this process. MuvEnum, LLC reserves the right to limit the number of activations of the SOFTWARE PRODUCT if it determines fraudulent use.
13. ENTIRE AGREEMENT
This EULA (including any addendum or amendment to this EULA which is included with the SOFTWARE PRODUCT) are the entire agreement between you and MuvEnum, LLC relating to the SOFTWARE PRODUCT and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the SOFTWARE PRODUCT or any other subject matter covered by this EULA. To the extent the terms of any MuvEnum, LLC policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
14. COPYRIGHT AND INTELLECTUAL PROPERTY
The SOFTWARE PRODUCT is protected by copyright and other intellectual property laws and treaties. MuvEnum, LLC or its suppliers own the title, copyright, and other intellectual property rights in the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold.
15. USAGE AND OTHER
The SOFTWARE PRODUCT is exclusively offered for usage to private users. Transfer to third parties and abuse are prohibited. The user assumes full responsibility for the use of the SOFTWARE PRODUCT. The developer shall not be held liable in the event of an abuse of the SOFTWARE PRODUCT. The SOFTWARE PRODUCT does not copy music files or break any encryption. The SOFTWARE PRODUCT serves the exclusive purpose of recording the audio of pieces of music, movies, and/or any other items, owned by the user and played back for private use during the ownership of the item. Any exchange, transfer or selling of these recordings is prohibited or restricted by international copyright law. A user of the SOFTWARE PRODUCT, who installs the SOFTWARE PRODUCT on his PC, records music and makes it available to third parties or transfers it, in whatever form and/or for whatever purpose, commits a chargeable offense and must accept the possibility of prosecution by the aggrieved party. This analogously applies to persons, who have received pieces of music from other parties, which were recorded using the SOFTWARE PRODUCT.