END-USER LICENSE AGREEMENT FOR AEM NOTICE TO ALL USERS:CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT, FOR THE LICENSE OF SPECIFIED SOFTWARE BY AEM (Audio Event Management Systems a.k.a AudioEMS a.k.a. AEM ). BY INSTALLING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) 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.
(a) "the Software" means the AEM software program supplied by AEM here with, which may also include documentation, associated media, printed materials, and online and electronic documentation.
(b) "User" means an individual end-user of the Software, being either the business proprietor or staff/employees within the business.
(c) "Licensee" is a User who has paid the license fee in full and who has been registered with AEM.
(d) "Company" means any name used for trading by the creators of said software
(e) "Evaluation Period" means a version of the Software, so identified, to be used to review and evaluate the Software, only. See section 4.1 for more details.
This End-User License Agreement ("EULA") is a legal agreement between you and AEM for the AEM products identified above, which may include computer software and associated media, electronic documentation and printed materials ("The Software"). By installing, copying, distributing or otherwise using The Software you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you must not install, use or distribute The Software, and you must destroy all copies of The Software that you have. 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 and always remains the property of AEM.
AEM will supply the Licensee with a single copy of the Software and Documents in electronic format, using a distribution mechanism decided on by AEM. AEM also will additionally supply the Licensee with a registration key file. The Licensee agrees to restrict distribution of the registration key only to staff members with a need to know for purposes of configuring the Software or recording registration information for the usual business records of the Licensee, and will make all reasonable efforts to prevent duplication and any form of publication of the registration material.
If you have not paid the registration fee for the Software, you are hereby granted an evaluation license to use the Software as described in section 4.1.
3. LICENSE GRANT
Subject to the payment of the applicable license fees, and subject to the terms and conditions of this Agreement, AEM hereby grants to you a non-exclusive, non-transferable right to use the Software and the accompanying documentation (the "Documentation").
(a) Multiple Client Devices. A licensed user is also granted a license to install the Software on more than one Client Device, for the sole use of that user.
(b) Site Licenses. If the Software is licensed with site license terms, you may make, use and install unlimited copies of the Software within the organization site. This excludes Client Devices outside the organization. This license authorizes you to make or download one copy of the Documentation for each copy authorized by the site license, provided that each such copy contains all of the Documentation's proprietary notices.
4. LICENSE RESTRICTIONS
(a) Sublicense, sell, assign, transfer, pledge, distribute, rent or remove any proprietary notices on the Software except as expressly permitted in this Agreement.
(b) Use, copy, adapt, disassemble, decompile, reverse engineer or modify the Software, in whole or in part, except as expressly permitted in this Agreement.
(c) Take any action designed to unlock or bypass any implemented restrictions on usage, access to, or number of installations of the Software; or.
(d) Use the Software if you fail to pay any license fee due and the Company notifies you that your license is terminated.
(e) Disclose to third parties, or publish your registration details via electronic or other means.
IF YOU DO ANY OF THE FOREGOING, YOUR RIGHTS UNDER THIS LICENSE WILL AUTOMATICALLY TERMINATE. SUCH TERMINATION SHALL BE IN ADDITION TO AND NOT IN LIEU OF ANY CRIMINAL, CIVIL OR OTHER REMEDIES AVAILABLE TO AEM.
4.1 RESTRICTED USE DURING EVALUATION PERIOD
You have a nonexclusive, nontransferable license to load and execute the unregistered copy of the Software for a period of thirty (30) days. (the "Evaluation Period"). The unregistered copy of the Software may be used for evaluation and testing purposes only and not for general commercial use. Customer must pay a license fee for the Software to obtain the right to use the Software for general commercial use and(or) for unlimited period. The unregistered copy of Software contains a feature that will automatically disable certain features of the Software in thirty (30) days. If you agree to this License Agreement and pay the license fee, AEM will provide the key to deactivate this feature. AEM will have no liability to you if the Software is disabled by this feature. You may not disable, destroy, or remove this feature of the Software, and any attempt to do so will terminate your license and rights under this Agreement
You are entitled to download revisions and upgrades (maintenance releases) to the Software as and when AEM publishes it via its web site or through other online services.
You are hereby licensed to make as many copies of the un-lisenced installation package for The Software as you wish; give exact copies of the original installation package for The Software to anyone; and distribute the original installation package for The Software in its unmodified form via electronic or other means. The Software must be clearly identified as a freeware or shareware version where described. You are specifically prohibited from charging, or requesting donations, for any such copies, however made; and from distributing The Software including documentation with other products (commercial or otherwise) without prior written permission from AEM. You are also prohibited from distributing components of The Software other than the complete original installation package.
The foregoing license gives you limited license to use the Software. AEM retains all right, title and interest, including all copyrights, in and to the Software and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by AEM and its suppliers. All title, including but not limited to copyrights, in and to The Software and any copies thereof are owned by AEM. All title and intellectual property rights in and to the content which may be accessed through use of The Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by AEM.
8. WARRANTY AND DISCLAIMER
LIMITED WARRANTY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AEM DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.AEM DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU, THE USER.
9. LIMITATION OF LIABILITY
LIMITATIONS OF REMEDIES AND LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AEM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF AEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU
10. HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, AEM and its suppliers and licensors specifically disclaim any express or implied warranty of fitness for High Risk Activities. You agree that AEM and its suppliers and licensors will not be liable for any claims or damages arising from the use of the Software in such applications.
Without prejudice to any other rights, AEM may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of The Software.
This license is governed by International Copyright Law. This license constitutes the complete and exclusive statement of our agreement with you and supercedes all proposals, representations, understandings and prior agreements whether oral or written and all communications with you relating thereto.