Brainspawn Software License Agreement

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Brainspawn Software License Agreement

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The use of this product indicates your understanding and acceptance of the following

terms and conditions. This license shall supersede any verbal, or prior verbal or

written, statement or agreement to the contrary.

 

If you do not understand or accept these terms, or your local regulations prohibit

“after sale” license agreements or limited disclaimers, you must cease and desist using

this product immediately. Copyright laws supersede all local regulations.

 

This license is a contract between you, the end-user of this software, hereinafter

referred to as “THE USER”, and BRAINSPAWN, hereinafter referred to as the

“AUTHOR(S)”, and is governed under the laws of the State of Texas.

 

Copyright

This product (in whole or in part, including all files, data, and documentation, from here

on referred to as PRODUCT) is © Copyright 2001 BRAINSPAWN, all rights reserved, and

is protected by the United States copyright laws, international treaties and all other

applicable national or international laws. This PRODUCT may not, in whole or in part,

be copied, photocopied, translated, or reduced to any electronic medium or machine

readable form, without prior consent in writing, from the AUTHOR(S) and according to

all applicable laws. The sole owner of this PRODUCT is the AUTHOR(S).

 

No Warranty

The AUTHOR(S) provides absolutely no warranty. The software and information are

provided “as is” without warranty of any kind, either express or implied, including, but

not limited to, any implied warranties of merchantability and fitness for a particular

purpose. The entire risk as to the quality and usefulness of the software and information

is with THE USER. Should the information prove to be incorrect and/or software

not work as expected, THE USER assumes the cost of all necessary servicing, repair

or correction.

 

In no event will the AUTHOR(S) be liable to THE USER for any damages, any lost profits,

lost monies, or other special, incidental or consequential damages arising out of the

use or inability to use this software and/or information (including but not limited to

loss of data or data being rendered inaccurate or losses sustained by third parties),

even if THE USER has advised us of the possibility of such damages, or for any claim

by any other party.

 

Restrictions

THE USER may not use, copy, modify, translate, or transfer the PRODUCT or any copy

except as expressly defined in this agreement. THE USER may not attempt to unlock or

bypass any copy-protection or authentication algorithm utilized by this PRODUCT. THE

USER may not remove or modify any copyright notice, nor any “about” dialog or the

method by which it may be invoked.

 

Operating license

THE USER has the non-exclusive right to use the PRODUCT only by a single person, on

a single computer at a time. If the PRODUCT permits, THE USER may physically transfer

the PRODUCT from one computer to another, provided that the PRODUCT is used only

by a single person, on a single computer at a time. In group projects where multiple

persons will use the PRODUCT, each member of the group must purchase an individual

license. Use over a local area network (within the same locale) is permitted provided

that the PRODUCT is used only by a single person, on a single computer at a time.

 

Evaluation

THE USER has the right to evaluate this PRODUCT for the period of 30 days, provided

that terms of Operating license are compiled with, and that the PRODUCT is not used

for profit, including but not limited to creating patch libraries and sounds for any

pieces THE USER are profiting from. Should THE USER continue use of the PRODUCT

after your evaluation period expires, or use it for any profit, THE USER shall pay the

registration fee.

 

Back-up and transfer

THE USER may make one copy of the software part of the PRODUCT solely for back-up

purposes. THE USER must reproduce and include the copyright notice on the back-up

copy.

 

The PRODUCT may be transferred to another party. To perform such a transfer, THE

USER must notify the AUTHOR(S) in writing of the transfer. The letter must include:

 

• The name of the party to which the transfer is made

• THE USER’s registration information

• A statement that THE USER is ceasing all the rights to use the PRODUCT

• THE USER’s signature.

• New registration information will be issued by the AUTHOR(S) to the new user of the PRODUCT.

 

Terms

This license is effective until terminated. THE USER may terminate it by destroying the

complete PRODUCT and all copies thereof. This license will also terminate if THE USER

fails to comply with any terms or conditions of this agreement. THE USER agrees upon

such termination to destroy all copies of the software and of the documentation, or

return them to the AUTHOR(S) for disposal.

 

Redistribution

THE USER are permitted to distribute the evaluation shareware package of this

PRODUCT provided that the a) the package is not modified in any way, and b) that no

profit is earned from such redistribution. However, THE USER can charge reasonable

fees to cover costs of media, packaging, shipping, handling, electronic transmission

and storage, and other costs impacting THE USER in the process of such distribution.

 

Other rights and restrictions

All other rights and restrictions not specifically granted in this license are reserved by

the AUTHOR(S).