End User Software License Agreement
for all software versions of MusicReader
Last update: April 13th, 2010
PLEASE CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT ("Agreement") FOR THE LICENSE OF MUSICREADER ("Software") BY LEONÉ MUSICREADER B.V. ("Leoné"). BY INSTALLING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY, “You”) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND DO NOT INSTALL THE SOFTWARE.
1. License Grant.
Subject to the payment of the applicable license fees, and subject to the terms and conditions of this Agreement, Leoné hereby grants to you a non-exclusive, non-transferable right to use one copy of the specified version of the Software and the accompanying documentation (the "Documentation") on any computer you personally own as a private individual, or if you bought multiple licenses, the amount of copies for which you paid.
Provided the software is accessible exclusively by one user, this user may also install the software on at most one additional computer (typically a portable or home computer).
This Agreement is effective for an unlimited duration unless and until earlier terminated as set forth herein. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this
Agreement, you must destroy all copies of the Software and the Documentation.
You may terminate this Agreement at any point by destroying all copies of the Software and the Documentation.
3. Ownership Rights.
The Software is protected by copyright laws and international treaty provisions. Leoné own and retain all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement.
You may not rent, lease, loan, sublicense or resell the Software. You may not permit third parties to benefit from the use or functionality of the Software via a timesharing, service bureau or other arrangement. You may not transfer any of the rights granted to you under this Agreement. You may not reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon, the Software in whole or in part. All rights not expressly set forth hereunder are reserved by Leoné.
5. Evaluation Software.
Certain elements of the Software products are offered for “evaluation”. Evaluation software must be used solely for your own, internal, non-commercial, evaluation purposes. Evaluation software may not be transferred. These products are subject to the same terms and conditions as other products except there may be no license fee. If you obtain an evaluation product, you agree, within 30 days of receipt, to delete all electronic copies of the Software and return, at your expense, any related media or documentation, if any, to the place from which you obtained it. Subsequent receipts, downloads, or installations do not extend, renew, or restart this term. LEONÉ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF THE EVALUATION SOFTWARE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. THE EVALUATION SOFTWARE IS PROVIDED “AS IS.”
6. License File .
For each license you receive a license file which may be used to enable the Software. A License File is a single computer file that contains specific information about the license used by the Software to determine if you are entitled to use certain functions of the Software. A license file is personal; under no circumstances should you give this license file to third parties. Each license file is unique, and can and may be traced back to you. The license file may not be changed under any circumstances.
7. Software Updates.
A maintenance update is a revision that encapsulates software bug fixes and often includes small functional enhancements. Maintenance updates are signified by minor version number increments. For example, a maintenance update from version 1.0 would be 1.01, 1.02, 1.10 etc.
A major upgrade is a revision that involves extensive engineering work to provide significant enhancements to a product. Major upgrades are often accompanied with new documentation and are signified by an increment in the integer portion of the version number. For example, a major upgrade from version 1.0 would be labeled 2.0.
Registered licensees of the Software are entitled to free maintenance updates. For example if you are a registered licensee of v1.0 you are able to download and use updates labeled 1.01, 1.1 etc. Major updates to applications usually incur a small update fee to help cover additional engineering and documentation costs. For example if you are a registered licensee of 1.x you will be able to download and update to version 2.0 for a small update fee.
If you purchase a product and a major upgrade is released within one month of your purchase date you are entitled to a free upgrade to the new major release.
The Software has a pre-determined commercial lifetime. In order to provide the highest quality products and support to our customers, each product is developed utilizing a product lifecycle methodology, which includes an End-of-Life (EOL) phase.
The EOL policy of Leoné is to support the current major release plus the previous (one back) version for up to 1 year. The EOL will be announced timely on the MusicReader website (http://www.musicreader.net) and in the newsletters.
9. Third Party Software.
The Software contains third party software. By accepting this EULA, you are also accepting the additional terms and conditions with respect to such software, if any, forth herein.
Jetty (http://www.mortbay.org), OAICat (http://www.oclc.org), Java Image Filters (http://www.jhlabs.com/ip/filters/index.html) and JavaDB (http://developers.sun.com/javadb/) are licensed under the terms of the Apache 2.0 License. You may obtain a copy of this License at http://www.apache.org/licenses/LICENSE-2.0.
JGroups (http://www.jgroups.org), DJNativeSwing (http://djproject.sourceforge.net/ns/), VorbisSPI (http://www.javazoom.net/), iText (http://www.lowagie.com/iText/), java-image-scaling (http://code.google.com/p/java-image-scaling/), finj (http://finj.sourceforge.net/ ) and Java ID3 Tag Library (http://javamusictag.sourceforge.net/) are licensed under the terms of the GNU Lesser General Public Licence (LGPL). For more information about the LGPL, please refer to the Free Software Foundation website (http://www.gnu.org/ ).
SAAJ (https://saaj.dev.java.net) is licensed under the terms of a dual license consisting of the CDDL v1.0 and GPL v2. You may obtain a copy of this License at https://glassfish.dev.java.net/public/CDDL+GPL.html.
JAXX (http://www.jaxxframework.org) is licensed under the terms of BSD License. You may obtain a copy of this License at http://opensource.org/licenses/bsd-license.php.
JTransforms (http://piotr.wendykier.googlepages.com/jtransforms) is licensed under the MPL/LGPL/GPL tri-license. For more information about this license, please refer to the Mozilla website http://www.mozilla.org/MPL/.
JavaTM Advanced Imaging Image I/O Tools (https://jai-imageio.dev.java.net/) is licensed under the license agreement in LICENSE-jai_imageio.txt. Some parts of this library have the additional license agreements of THIRDPARTYLICENSEREADME-jai_imageio.txt.
All third party licenses mentioned above are available in the ThirdPartyLicenses.txt file or in separate .txt files in the directory Licenses inside the installation directory of the Software.
10. Apple iPad
Each license to use the Software allows you to synchronize the Software with at most one Apple iPad, using the provided synchronization functionality of the Software. It’s not allowed to synchronize more than one Apple iPad with a single copy of the Software.
11. Warranty and Disclaimer.
Except for the limited warranty set forth herein, THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEONÉ DISCLAIMSALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOINGPROVISIONS, LEONÉ MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
12. Limitation of Liability.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL LEONÉ OR
ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL LEONÉ BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE LEONÉ CHARGES FOR A LICENSE TO THE SOFTWARE, EVEN IF LEONÉ SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
This Agreement is governed by the laws of The Netherlands, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in a court located in the Netherlands, and You irrevocably consent to its jurisdiction.