End User Software Licence Agreement (EULA)
This is an End User Software Licence Agreement (EULA) between the LICENSEE and BeatRig (THE LICENSOR). By installing and using any of the BeatRig software, whether sourced from the BeatRig website or from other media (hereinafter referred to as "the SOFTWARE") you are agreeing to be bound by the terms of this agreement.
BEFORE YOU INSTALL, COPY, EXECUTE, OR OTHERWISE USE BEATRIG SOFTWARE ("THE SOFTWARE"), CAREFULLY READ THE TERMS AND CONDITIONS OF THIS LICENCE. BY INSTALLING, COPYING, EXECUTING, OR OTHERWISE USING THE SOFTWARE YOU BECOME THE LICENSEE TO THIS LICENCE AND CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THIS SOFTWARE.
"You" or "your" means you as an individual or as a legal entity exercising rights under and complying with all of the terms of this EULA. For legal entities, "you" includes any entity that controls, is controlled by, or is under common control with you. For purposes of this definition,
"control" means: -
(i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or
(ii) ownership of fifty percent (50%) or more of the outstanding shares, or
(iii) beneficial ownership of such entity.
You expressly declare and warrant that you have the legal authority and capacity to enter into this EULA and that the information that has been and will be provided to the Licensor is true and complete and that you will update such information promptly in case of changes.
Unless you have a different licence agreement signed by the Licensor your installation, use, copy, distribution or modification of the Software indicates your acceptance of all of the terms of this EULA.
1.1 Evaluation, Authorisation and Grant of Licence. This is not free software. Subject to the terms below, with a serial code you are hereby licensed to use this Software for evaluation purposes without charge for an evaluation period of 2 weeks ("the Evaluation Licence"). If you want to use this Software after the evaluation period you must purchase a Full Licence by paying the applicable licence fee and obtaining a Software Authorisation Key ("a Full Licence").
Subject to the terms contained herein, the licensor grants the licensee a non-exclusive right to use the Software in accordance with the terms contained in this licence.
1.2 Rights and Restrictions on Use of Evaluation Versions
An Evaluation Licence of the Software: -
(a) prohibits: -
(i) commercial use of the Software for profit;
(ii) use of the Software by more than five (5) simultaneous users on any education network;
(iii) any sale or bundling of the Software without the written consent of the Licensor;
(iv) mass distribution of the Software (by electronic means including Internet download sites and file sharing networks, or on physical media by more than 5 copies at a time) without the written consent of the Licensor; and
(b) permits: -
(i) making copies of Evaluation Version of the Software and documentation;
(ii) giving exact copies of the Evaluation Version of the Software to anyone;
(iii) distributing Evaluation Version copies of the Software and documentation in its unmodified form via electronic means subject to the limitations of prohibition (iv) above.
2.1 Restrictions on Use of Full Licence Versions of the Software. A licensee who has obtained a Full Licence to the Software by paying the applicable fee must not sell or bundle the Software or any Software Authorisation Key without the written consent of the Licensor.
Single User Licences. Subject to the remaining provisions of this agreement, you are licensed to install the Software on one computer solely for your own personal use. In the event that you use the Software on two or more computers, you must pay a licence fee and obtain a Software Authorisation Key for each computer on which the Software is installed. The Licensor may in its discretion negotiate a fee for a multi-user or network installation licence. You should contact the licensor with your requirements.
Expiry date of Full Licence. There is no expiry date for an authorised release version of the Software for which a Full License has been purchased and a Software Authorisation Key obtained.
Ownership of the Software. The licensor retains ownership of the copyright, trade mark, design and confidential information of the Software and any accompanying written materials regardless of the form or media in or on which the original and other copies may exist. You must reproduce and include this copyright notice and the trade mark notice and registration symbol . on each copy of the Software you make or release to anyone or any use of the trade mark.
Transfers of Copies of the Software. You may not distribute or make available copies of the Software or any accompanying material except in the form of an unmodified installation package. Subject to the rights contained in Clause 2 herein in relation to Evaluation versions of the Software, you must not transfer, assign, rent, lease, sell or otherwise dispose of Copies of the Software on either a temporary or permanent basis. Under no circumstances are you permitted to distribute or make available any Software Authorisation Key without the written consent of the licensor.
Prohibitions. You may not reverse engineer, decompile, disassemble, modify, translate, or convert to any other programming language the Software nor take any steps to defeat any Software protection.
Termination. This Licence is effective until terminated. This Licence will terminate automatically without notice from the licensor if you fail to comply with any provision of this Licence. Upon termination you will destroy the written materials and all copies of the Software, including modified copies, if any.
Limited Warranty. The licensor warrants: -
(i) that it is the owner of the Software or otherwise has the authority to grant the licence;
(ii) that where it directly supplies the Software on a physical media, the physical media will be free of defects in material and workmanship, under normal use, for a period of ninety (90) days following the date of delivery to you. In the event of defects, the licensors sole liability shall be to replace the defective media that has been returned to the licensor with proof of purchase and is shown to be defective. In the event that the licensor is unable to replace defective media, the licensor shall refund your money upon your termination of this licence.
Disclaimer of Warranties. The licensor disclaims all other warranties, express or implied, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose.
Limitation of Liability. THE LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY, LOSS OR DAMAGE TO ANY ELECTRONIC OR AUDIO EQUIPMENT, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE AND WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Other Agreements Excluded. This agreement is the entire agreement between you and the licensor with respect to the use and licensing of the Software and supersedes all proposals, warranties, prior agreements or any other communications between the parties relating to the subject matter of this agreement and excludes any possibility of any collateral contract between the parties.
Other Warranties. Should any other warranties be found to exist, such warranties shall be limited in duration to ninety (90) days following the date of delivery to you. In no event will the licensors liability for any damages to you or any other person exceed the amount paid for the licence to use the Software.
Applicable Law. This Licence shall be governed and construed in accordance with the laws of the Netherlands and shall benefit the licensor, successors and assigns.