IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND JH. READ IT CAREFULLY BEFORE USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT USE THIS SOFTWARE AND DELETE IT.
(a) "JH" means Janosch Hübner and its suppliers and licensors, if any.
(b) "Not For Resale (NFR) Version" means a version of the Software, so identified, to be used to review and evaluate the Software, only.
(c) "Software" means the "Musify - Get Musified" for iPhone and other iOS devices supplied by JH herewith, which may also include documentation, associated media, printed materials, and online and electronic documentation.
This EULA allows you to:
(a) Install and use the Software on an iPhone or iOS device.
3. License Restrictions
(a) Other than as set forth in Section 2, you may not make or distribute copies of the Software, or electronically transfer the Software from one iOS device to another or over a network.
(b) You may not rent, lease, or sublicense the Software.
(c) You may not modify the Software or create derivative works based upon the Software.
(d) You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations there under.
If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of this copy of the Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software or transfer it to another person or entity.
The foregoing license gives you limited license to use the Software. JH and its suppliers retain 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 JH and its suppliers.
6. LIMITED WARRANTY AND DISCLAIMER
7. LIMITATION OF LIABILITY
(a) NEITHER JH NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS, INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR THIS EULA BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF JH OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) (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.
(c) NEITHER JH NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ACCURACY/INACCURACY, SOFTWARE ERROR INDIRECT AND DIRECT FAILURE(S), IMPROPER FUNCTION AND OTHER FEATURES IN THIS SOFTWARE DUE TO PROGRAM ERROR, USER ERROR, POWER OUTAGE, iOS CHANGES OR BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF JH OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH FAILURE(S) AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
8. Basis of Bargain
The Limited Warranty, Exclusive Remedies and Limited Liability set forth above are fundamental elements of the basis of the agreement between JH and you. JH would not be able to provide the Software on an economic basis without such limitations.
9. Software Authentication
The end licensed user agrees to the approval of online authentication to activate and enable certain features of this software.
Product and User Information is sent during installation and use of the software is used strictly for authentication. The end user agrees to this transfer of information and JH cannot be held liable for any damage caused during this transfer. All information is kept strictly confidential.
10. Third Party Software
(a) iPhone, Apple and iOS are registered trademarks or trademarks of Apple Inc in the United States and/or other countries.
11. SUPPORT AND UPDATES.
This license does not entitle you to support, telephone assistance, enhancements or updates. This software may periodically go online to check for updates and alerts. Product and User Information may be sent during an update and alert check. This information is used strictly for update and authentication. The end user agrees to this transfer of information and JH cannot be held liable for any damage caused during this transfer. All information is kept strictly confidential. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners.