END-USER LICENSE AGREEMENT ("EULA") FOR NOMAD FACTORY SOFTWARE
Please read this document carefully , and accept the following End User License Agreement. By downloading, installing, and/or using Nomad Factory Professional Audio Products, you agree to be bound by this Agreement.
This License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and Nomad Factory. ("Nomad Factory") for the Nomad Factory product accompanying this Agreement, which includes computer software and may include associated media, printed materials, and "online" or electronic materials (collectively the "Software"). By exercising your rights to make and use copies of the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you may not use the Software. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.
You may install and use a copy of the SOFTWARE, or in its place, any prior version for the same operating system, on a single computer. The DEMO VERSION of the SOFTWARE is NOT LICENSED FOR COMMERCIAL USE.
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE), the accompanying printed materials are and shall remain the property of Nomad Factory, and Nomad Factory owns any copies of the SOFTWARE. Copyright laws and international treaty provisions protect the SOFTWARE. Unauthorized reproduction or distribution of the SOFTWARE or documentation is subject to civil and criminal penalties.
You may not transfer, modify, rent, lease, loan, resell, distribute, network, electronically transmit or merge the SOFTWARE. You may not reverse engineer, decompile or disassemble the SOFTWARE, or otherwise attempt to discover the SOFTWARE source code. You are not permitted to copy the SOFTWARE or any of the accompanying documentation.
5): AUTHORISATION CODE:
The "Nomad Factory Products" only functions when you are in the possession of an authorisation code.
You will receive an authorisation code upon completing the authorisation code request procedure.
Once your authorisation code is activated, you may use the product.
6): DISCLAIMER OF WARRANTY:
The SOFTWARE is provided "AS IS" and without warranty of any kind. The entire risk arising out of the use or performance of the SOFTWARE and documentation remains with user. To the maximum extent permitted by applicable law, Nomad Factory further disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE, and any accompanying hardware. To the maximum extent permitted by applicable law, in no event shall Nomad Factory be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of this EULA or the use of or inability to use the SOFTWARE, even if Nomad Factory has been advised of the possibility of such damages. VIOLATION OF COPYRIGHT. If you violate the copyright of any third party or parties in the process of creating a copyrighted work, you agree that the copyright on your work is invalidated, forfeited, null and void. VIOLATION OF OTHER LICENSE. You may not violate the license agreement, in whole or in part, of this software or any software or software component required for using the Software. You agree to allow Nomad Factory to verify compliance by any means.
This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes any other agreement relating to the Software. This Agreement shall be construed pursuant to the laws of the State of California and the United States without regard to the conflict of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. To the extent that US law is applicable, the restriction on reverse engineering is limited to prohibit such activity to the maximum extent without violating the US Directive on the legal protection on computer programs. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of Nomad Factory. If any portion hereof is found to be void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.
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