End User License Agreement Replay Music 5.60 : Différence entre versions

Version actuelle en date du 25 octobre 2013 à 11:55

End User License Agreement Replay Music 5.50 (en)

You should carefully read the following terms and conditions before using this software. Unless you have a different license agreement signed by Applian Technologies Inc. your use of this software indicates your acceptance of this license agreement and warranty.

Unregistered Version

You are entitled to unlimited, free use of the unregistered version of this software. While using an unregistered version, you are limited to recording and tagging 25 songs with artist and track name information.

Registered Version

One registered copy of the software may be installed only on one computer at a time. Your registration code is only to be entered into a single computer.

Governing Law

This agreement shall be governed by the laws of the State of California.

Disclaimer of Warranty

This SOFTWARE is provided "as is" without representations or warranties of any kind, whether expressed or implied. The USER must assume the entire risk of using the SOFTWARE, and APPLIAN TECHNOLOGIES shall have no liability to the USER or any other third-party for any damages whatsoever, including, but not limited to, any economic or data loss, even if such loss was foreseeable by APPLIAN TECHNOLOGIES. Any violation of the intellectual property rights of any party as a result of the use of the SOFTWARE is explicitly against the terms of this LICENSE, and APPLIAN TECHNOLOGIES disclaims any liability for the use of the SOFTWARE in this way as unauthorized and outside the scope of any warranty or agreement between the USER and APPLIAN TECHNOLOGIES.

Limitations of Use

The USER agrees not to use the SOFTWARE as part of any illegal activity, or to violate any rights of a third party. This LICENSE grants rights to use this SOFTWARE, but does not grant any legal rights to content owned by any third party, nor does the LICENSE release the USER from any responsibilities regarding the rights of third parties. APPLIAN TECHNOLOGIES makes no representations involving the legality of any activities regarding the use of the SOFTWARE in conjunction with copyrighted content. The USER retains full responsibility to determine the extent of the USER's rights, and, if necessary, to contact the owner of copyrighted content prior to use of the SOFTWARE. Use of this SOFTWARE to violate the legal rights of any third party constitutes failure of the USER to comply with the terms of this LICENSE, and therefore terminates the USER's rights to use the SOFTWARE.

Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the program. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.

AMG EULA

This application incorporates software and technology of All Media Guide, LLC. (“AMG”). The AMG software and technology (the “AMG Technology”) allows End Users to access music-related data (“AMG Data”) over the Internet and otherwise from proprietary AMG databases (the “AMG Databases”) located on AMG servers (the “AMG Servers”) and to perform other functions (collectively with the AMG Technology, AMG Data, AMG Databases and AMG Servers, the “AMG Services”).

AMG grants you a limited, non-exclusive, non-transferable, and non-sublicensable right and license to access and use AMG Services only by means of the intended End User functions of this application software.

You agree that you will use the AMG Services for your own personal non-commercial use only. You agree not to: (i) assign, copy, transfer or transmit the AMG Data to any third party; (ii) use or exploit the AMG Services, except as expressly permitted herein; (iii) decompile, disassemble or reverse engineer the AMG Services or any component thereof; (iii) remove any copyright, trademark, trade names, logos or other intellectual property notices in the AMG Services; or (iv) sell, distribute, publish, disclose lease, license transfer or otherwise use the AMG Services, or any portion thereof, other than as expressly provided in these Terms of Use.

You agree that the license to use the AMG Services granted herein will terminate if you violate these restrictions. In addition, AMG may revoke or terminate this license at any time in its sole discretion. If your license terminates, you agree to cease any and all use of the AMG Services. You agree to defend, indemnify and hold harmless AMG and its affiliates from all liabilities, claims and expenses, including attorneys’ fees arising from your breach of these Terms of Use.

AMG reserves all rights in the AMG Services, including all ownership rights. You acknowledge that as between you and AMG, all right, title and ownership to the AMG Services and components thereof remain the exclusive property of AMG, and nothing herein will be deemed to grant you any ownership rights in the AMG Services. You agree that AMG may enforce its rights under this Agreement against you directly in its own name.

AMG reserves the right to delete data from the AMG Databases or to change data categories for any cause that AMG deems sufficient. No warranty is made that the AMG Technology or AMG Servers are error-free or that functioning of AMG Technology or AMG Servers will be uninterrupted. AMG is not obligated to provide you with any new, enhanced or additional data types or categories that AMG may choose to provide in the future and is free to discontinue its online services at any time, without any obligation to you.

To the extent that you, the End User, provide any information or original works of authorship to be added to AMG Databases, you represent and warrant that you are the sole author of such work(s) and further hereby assign to AMG all rights of copyright therein, including the right to register the copyright in such work(s) as part of the AMG Database.

THE AMG SERVICES AND COMPONENTS THEREOF ARE PROVIDED TO YOU “AS IS.” AMG MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY OF THE AMG SERVICES INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AMG DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE AMG SERVICES.

IN NO CASE WILL AMG OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL SPECIAL, PUNITIVE OR OTHER DAMAGES INCLUDING WITHOUT LIMITATION ANY LOST PROFITS OR LOST REVENUES OR INTERRUPTION WITH BUSINESS UNDER ANY THEORY OF LAW, INCLUDING CONTRACT, TORT, NEGLIGENCE, INDEMNITY, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE AMG SERVICES. IN NO EVENT WILL AMG’S LIABILITY FOR DAMAGES WITH RESPECT TO THE AMG SERVICES BE IN EXCESS OF TEN DOLLARS REGARDLESS OF THE FORM OF THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.