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License Agreement
THIS IS A CONTRACT. CAREFULLY READ
THIS AGREEMENT. BY INSTALLING THIS SOFTWARE YOU ACCEPT
AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This AMW Co.Ltd, End User License Agreement
("EULA") accompanies all software products ("Software").
Please read this EULA carefully.
AMW Co.Ltd and its suppliers own all
intellectual property in the Software. The Software
is licensed, not sold. The Software is protected by
copyright laws and international copyright treaties,
as well as other intellectual property laws and treaties.
If you do not agree with all of the
terms and conditions of this agreement, you must
(1) IMMEDIATELY CEASE USING THE SOFTWARE,
(2) DESTROY ALL COPIES OF THE SAME, INCLUDING ANY COPIES
STORED ON YOUR HARD DRIVE AND ANY ARCHIVAL COPIES, AND
(3) FOLLOW THE PROCEDURES ESTABLISHED BY THE MANUFACTURER.
DEFINITIONS
"Computer" is an electronic device
that stores, retrieves, and processes data, and can
be programmed with instructions. A computer is composed
of hardware and software, and can exist in a variety
of sizes and configurations.
"Evaluation Software" means a version
of AMW Co.Ltd's Software licensed as an evaluation or
trial. This version is neither for resale nor for production
use.
"Internal Network" is a privately maintained
computer network that can be accessed only by authorized
persons, as in members or employees of the organization
/ corporation / business entity that owns it. Internal
Network specifically excludes the Internet or any other
network community open to the public, including but
not limited to membership- or subscription-driven groups,
associations, and similar organizations. Connection
via secure links (VPN or dial up) to your Internal Network
for the purpose of this contract is considered use over
an Internal Network.
"Licensee" means a person and/or company
entering into this EULA.
"Software" means only the AMW Co.Ltd
software program(s) and third party software programs,
in each case, supplied by AMW Co.Ltd herewith, and corresponding
documentation, associated media, printed materials,
help files, online or electronic documentation, images,
sounds, clip art and other artistic work, and all updates
or upgrades of the above that are provided to you.
"Updates" means subsequent releases
of the Software that are created for the purposes of
bug fixes, error correction, or minor enhancements to
functionality and that are generally made available
to Licensees of the Software. "Updates" may or may not
include the addition of new functionality. All Updates
provided hereunder shall be considered Software and
will be subject to this Agreement.
"Unlock Code" means a unique unlock
sequence that allows enabling of the Software for production
use.
"AMW Co.Ltd" means AMW Co.Ltd, a Carson
Limited Liability Company, 3662 Hilltop Rd, Carson City,
Nevada 89701.
LICENSE GRANT. AMW Co.Ltd grants you
a non-exclusive, non-transferable right and limited
license to use the Software as follows:
Software License. Upon issuance of
a valid Unlock Code sequence by AMW Co.Ltd to Licensee,
you can install Software on one (1) Computer, unless
otherwise indicated under a valid license (e.g. Multiple
Seat License) granted by AMW Co.Ltd.
a. Use.
Individual License Use. With an individual
license you may use the Software on a single computer
("Your Computer") and not across a network.
Multiple Seat License Use. With multiple
seat licenses, you are allowed to install the Software
on "N" Computers where "N" is the number of licenses
purchased. You can store the Software on your Internal
Network for authorized users to access for installation
on their Computer. It is NOT a concurrent use license
(based on simultaneous usage) or a roaming license (based
on number of users).
Additional Restrictions. You may
not separate component parts of the Software for use
on more than one computer. You do not have the right
to distribute the Software. You may load the
Software into your Computer's temporary memory (RAM)
for purposes of using the Software. Licensee agrees
to not attempt to disable or violate the internal
activation and licensing mechanism.
b. Storage. You may copy the Software
into the local memory or storage device. The license
for the Software may not be shared or used concurrently
on different computers.
c. Copying. You may make archival or
back-up copies of the Software, provided the copy contains
all the original Software's proprietary notices and
that it is used only for back-up purposes.
d. Reservation of Rights. AMW Co.Ltd
reserves all rights not expressly granted to you in
this License Agreement.
e. License Abuse and/or Violation.
If any abuse of a license is suspected or found, AMW
Co.Ltd retains the right to make the Unlock Code invalid.
You also agree to surrender your license immediately
upon any notification of violation of any of the terms
in this EULA and you will not be refunded any money
upon surrendering your license.
f. Freeware. This Software is not freeware
and is not in the public domain. If you are using an
Internet version, the Software you are installing is
Evaluation Software. As such, you may evaluate the program
for the maximum trial period stated in the program.
If, after that time, you decide to continue using it,
you must register it by paying a registration fee at
our Web site (http://www.mp3-wma-recorder-editor.com/).
If, after the trial period, you choose not to register
it, you must uninstall it from any and all machines
to which it was installed on a trial basis. This Evaluation
Software can be turned into a fully registered copy
by registering the Software on our Web site.
COPYRIGHT. The Software is proprietary
to AMW Co.Ltd and its licensors. AMW Co.Ltd and its
licensors retain all copyrights, trade secret rights,
patents, trademarks, and any other proprietary rights
relating to the Software. Except as expressly provided
in the License Grant above, you may not copy, reproduce,
alter, modify, decompile, disassemble, reverse engineer,
or create derivative works based on the Software. All
rights not expressly granted are reserved. Any copy
of the Software that you are permitted to make under
this Agreement must include all of the copyright and
other notices appearing in the original copy of the
Software.
RESTRICTIONS ON TRANSFER. This license
is personal to Licensee, and neither your rights hereunder
nor any copy of the Software may be sold, assigned,
distributed, transferred or sublicensed to any other
person, in any media (including electronic media), without
the prior written consent of AMW Co.Ltd. Any transfer
in violation of this section will be null and void and
will automatically terminate your right to use or possess
the Software.
EXPORT COMPLIANCE. Licensee shall not
export, directly or indirectly, any Software, product,
service, or technical data or any system incorporating
such items without first obtaining any required license
or other approval from the U.S. Department of Commerce
or any other agency or department of the United States
Government. If Licensee exports any technical data from
the United States or re-exports any technical data from
a foreign destination, Licensee shall ensure that the
distribution and export/re-export of the technical data
is in compliance with all laws, regulations, orders
or other restrictions of the United States and the appropriate
foreign governments. Software may not be exported or
re-exported to Cuba, Iran, Iraq, Libya, North Korea,
Sudan, Syria, or any country to which the United States
embargoes goods. In addition, the Software may not be
distributed to persons on the Table of Denial Orders,
the Entity List, or the List of Specially Designated
Nationals.
UPDATED VERSIONS. The Software may
be updated from time to time by AMW Co.Ltd at its sole
discretion. You may obtain such updated versions of
the Software from AMW Co.Ltd on the terms agreed upon
by AMW Co.Ltd and you. Such updated versions of the
Software are expected to operate more accurately and
effectively. You acknowledge that you are responsible
for downloading and installing such updated versions
of the Software.
DUAL MEDIA SOFTWARE. You may receive
the Software in more than one medium (download and CD).
You may use only one medium that is appropriate for
your single computer. You may not install the other
medium on another computer. You may not loan, rent,
lease, or otherwise transfer the other medium to another
user.
LIMITED WARRANTY. AMW Co.Ltd warrants
that, for sixty (60) days from the date of delivery
of the Software to you, the Software will perform substantially
in accordance with its applicable documentation. AMW
Co.Ltd DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED
OR THAT THE SOFTWARE WILL BE ERROR-FREE. THE ABOVE WARRANTY
IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER
EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND IMPLIED WARRANTIES OF FITNESS
FOR A PARTICULAR PURPOSE. IF APPLICABLE LAW REQUIRES
ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH
WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS
FROM THE DATE OF DELIVERY. (USA ONLY) SOME STATES DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE
OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY. IN NO EVENT
WILL AMW Co.Ltd, ITS SUPPLIERS, RESELLERS OR ITS LICENSORS
BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR
SPECIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY
LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA
ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE,
EVEN IF AMW Co.Ltd, ITS SUPPLIERS, RESELLERS OR ITS
LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL AMW Co.Ltd's LIABILITY UNDER
THIS AGREEMENT EXCEED THE AMOUNT OF THE LICENSE FEES
ACTUALLY PAID BY YOU IN RESPECT OF THE COPY OF SOFTWARE
GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATION SHALL
APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE
OF ANY LIMITED REMEDY. (USA ONLY) SOME STATES DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE
OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
SEVERABILITY. In the event any provision
of this EULA is found to be invalid, illegal or unenforceable,
a modified provision shall be substituted which carries
out as nearly as possible the original intent of the
Parties, and the validity, legality, and enforceability
of any of the remaining provisions shall not in any
way be affected or impaired thereby.
NOTICE TO U.S. GOVERNMENT END USERS.
The Software and any accompanying documentation are
provided with RESTRICTED RIGHTS. Use, duplication, or
disclosure by the U.S. Government or its contractors
is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013, or any successor
regulation or as set forth in the particular department
or agency regulations or rules which provide AMW Co.Ltd
or its licensors with protection equivalent to or greater
than that clause.
GOVERNING LAW AND GENERAL PROVISIONS.
This Agreement will be governed by the laws in force
in the State of Washington, excluding the application
of its conflicts of law principles. If any part of this
Agreement is found void or unenforceable, it will not
affect the validity of the balance of the Agreement,
which shall remain valid and enforceable according to
its terms. You agree that the Software shall not be
shipped, transferred or exported into any country or
used in any manner prohibited by the United States Export
Administration Act or any other export laws, restrictions
or regulations. This Agreement shall automatically terminate
upon failure by you to comply with its terms. This Agreement
may only be modified in writing signed by an authorized
officer of AMW Co.Ltd.
SOFTWARE LICENSE. AMW Co.Ltd reserves
the right to change or update any part of this agreement,
at any time in the future, without prior notice or reason.
The latest and most current agreement can be found at:
http://www.mp3-wma-recorder-editor.com/license.html.
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