Audio Control version 4 End-User Software License Agreement

IMPORTANT -- READ CAREFULLY: This is a legal agreement between you, the end user, (either an individual or an entity), and Miroslav Bonchev Bonchev ("Licensor") for the software product identified below. This license ("License") contains rights and restrictions associated with use of the accompanying software ("Software") including, but not limited to, one or more of the following: source code, object code, dynamic link libraries, static libraries, classes, byte code, header files, utility programs, makefiles, images and scripts together with the accompanying documentation and examples. Read the License carefully before opening the sealed Software package, downloading, installing or using the Software. By opening the sealed Software package, downloading, installing or using the Software you agree to be bound by the terms and conditions of this License. If you do not agree to the terms of this Agreement, do not open the sealed Software package, do not download, install, copy or 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.

1. Limited License Grant. Any license granted by the Licensor to you ("Licensee"s) is a non-exclusive, non-transferable limited license to use the Software. Except for the foregoing, Licensee may not re-distribute the Software in whole or in part, either separately or included with a product. You may use the product based on one of the following two types of licenses:

Trial-license – implicitly issued – Licensor grants to Licensee once a 14 consecutive days FREE trial-license to install the software on an unlimited number of owned/leased computers, however they be controlled by the Licensee. The trial-license starts from the first installation of the software. The trial-license is granted FREE of any charge and is intended exclusively for only software evaluation purposes. At the end of the 14 consecutive days period this license is unconditionally terminated. Licensee is obliged to either obtain the necessary number of Licenses (as described below) or to remove all installations of the Software before the trial-license has expired.

License – explicitly issued – Licensor grants this type of license subject to payment of applicable license fees or other agreement (e.g. FREE - terms and conditions may apply). Licenses are distributed via files called registration certificates. Each registration certificate contains one or more licenses which are numbered 1, 2, 3, etc. The owner of the registration certificate owns all licenses held by it. Each license allows the installation of the software on one computer owned or leased by the owner of the registration certificate, permitting only non-simultaneous use of the software by one or more users on that computer. If an already dedicated license is used on another computer it will be reassigned to this computer making the previous installation unlicensed. The licensee may own one or more registration certificates for the software, so that the total number of licenses is adequate to their needs.

Use of this Software from any network is prohibited. All other means for use of this software not previously mentioned are prohibited. You may copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices. Additional copies of Software must be purchased directly from Licensor.

2. Use Definition. The Software is "in use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not "in use".

3. Restrictions. The Software is confidential copyrighted information of Miroslav Bonchev Bonchev and title, ownership rights, and intellectual property rights in the Software and all rights to the Software are retained by Miroslav Bonchev Bonchev. The Software is protected by the copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This License gives you no rights to such content. You may not: permit other individuals to use the Software except under the terms listed above; permit concurrent use of the Software; modify, translate, reverse engineer, decompile, decrypt, extract, disassemble, or create derivative works based on the Software; copy the Software other than as specified in Section 1 of this License; sell, rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or alter or remove any proprietary notices or labels on the Software. Software may not be leased, assigned, or sublicensed, in whole or in part, except as specifically authorized in Section 1. Licensee warrants that it will not use or redistribute the Software for such purposes. Therefore you must treat the Software like any other copyrighted material.

4. High Risk Activities. The Software is not fault-tolerant and is not designed, manufactured or intended for use in on-line control equipment in hazardous environments requiring fail-safe performance, such as in the design, construction, operation or maintenance of any aircraft, air traffic, aircraft navigation, aircraft communications, nuclear facilities, direct or indirect life support machines, or weapons systems. Licensor and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. Licensee warrants that it will not use or redistribute the Software for such purposes.

5. Trademarks, Logos and Icons. This License does not authorize Licensee to use any of the Licensor's trademarks, logos or icons. Licensee acknowledges that Licensor owns the applicable trademarks, logos and icons and agrees to not do anything harmful to or inconsistent with Licensor's rights in respect to any trademarks, names, logos, or icons.

6. Taxes. All charges and fees paid are exclusive of and do not include any taxes, duties, or similar charges imposed by any government. Licensee agrees to pay or reimburse Licensor for all federal, state, dominion, provincial, or local sales, use, personal property, excise, VAT or other taxes, fees, or duties arising out of this Agreement or the transactions contemplated by the Agreement (other than taxes on the net income of Licensor).

Licensee agrees that the amounts to be remitted to Licensor are to be the actual amounts due without withholding taxes or other assessments by authorities anywhere in the foreign location. If any withholding tax is imposed under the laws of a country or other taxing jurisdiction outside of the United Kingdom on any amounts paid to Licensor, such amounts will be increased by the amount of the withholding tax. Licensee shall be solely responsible for and shall pay any and all amounts required in the foreign location to be withheld, charged, deducted, or assessed against such payment amounts, and will promptly furnish Licensor with certificates evidencing payment of such amounts.

7. Cooperation and Operation. Licensee shall cooperate to the fullest extent necessary to enable Licensor or authorized Service Provider to replicate any problems, determine that the problem resides with the Software, and certify that the problem has been corrected. Licensee is responsible for selecting an operator who is qualified to operate the Software on Licensee's own equipment and is familiar with the information, calculations, and reports that serve as input and output of the Software. Licensor or authorized Service Provider reserves the right to refuse assistance or to charge additional fees if an operator seeks assistance with respect to such background information or any other matters not directly relating to the operation of the Software. Licensee is also responsible for ensuring a proper environment and proper utilities for the computer system on which the Software will operate.

8. Disclaimer of Warranty. THIS SOFTWARE AND ANY RELATED SERVICES OR DOCUMENTATION IS PROVIDED ON AN "AS IS" BASIS, WITHOUT A WARRANTY OF ANY KIND. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU AND NOT LICENSOR ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. IN SOME JURISDICTIONS THIS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT ARE BY JURISDICTION.

9. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING SOFTWARE. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, TORT, CONTRACT, OR OTHERWISE, ARISING OUT OF THE USE OF, MISUSE OF OR INABILITY TO USE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN SOME JURISDICTIONS THIS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT ARE BY JURISDICTION.

In no event will Licensor's liability to Licensee, whether in contract, tort (including negligence), or otherwise exceed the total price paid for the software or the annual Service Fee paid to Licensor by Licensee for the twelve (12) months preceding the event giving rise to the claim. No action, whether in contract or tort including but not limited to negligence, arising out of or in connection with this Agreement may be brought by either party more than eighteen (18) months after the cause of action has accrued.

10. Customer Remedies. Licensor's and its suppliers' entire liability and your exclusive remedy shall be void. Licensor takes no responsibility or any liability to make any modifications to the software. Licensor provides a Trial License to Licensee to allow it to thoroughly test and evaluate the Software "AS IS" and if satisfied with the Software to purchase necessary Licenses.

11. Termination. Licensee may terminate this License at any time by destroying all copies of Software. This License will terminate immediately without notice from Licensor if Licensee fails to comply with any provision of this License. Upon such termination, Licensee must destroy all copies of Software.

12. Export Regulations. Software, including technical data, is subject to United Kingdom export control laws and may be subject to export or import regulations in other countries. Licensee agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software. Software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of any country to which the United Kingdom has embargoed goods; or (ii) to anyone on the United Kingdom Treasury Department's list of Specially Designated Nations and Blocked Persons or the United Kingdom Commerce Department's Table of Denial Orders.

13. Restricted Rights. Use, duplication or disclosure by the United States government is subject to the restrictions as set forth in the Rights in Technical Data and Computer Software Clauses in DFARS 252.227-7013(c) (1) (ii) and FAR 52.227-19(c) (2) as applicable. If Licensee is using this software outside the United States it agrees to be bound by the applicable law in Licensee country.

14. Governing Law. Any action related to this License will be governed by United Kingdom law. No choice of law rules of any jurisdiction will apply.

15. Severability. IF ANY OF THE ABOVE PROVISIONS ARE HELD TO BE IN VIOLATION OF APPLICABLE LAW, VOID, OR UNENFORCEABLE IN ANY JURISDICTION, THEN SUCH PROVISIONS ARE HEREWITH WAIVED OR AMENDED TO THE EXTENT NECESSARY FOR THE LICENSE TO BE OTHERWISE ENFORCEABLE IN SUCH JURISDICTION. HOWEVER, IF IN LICENSOR'S OPINION DELETION OR AMENDMENT OF ANY PROVISIONS OF THE LICENSE BY OPERATION OF THIS PARAGRAPH UNREASONABLY COMPROMISES THE RIGHTS OR INCREASE THE LIABILITIES OF LICENSOR, LICENSOR AUTOMATICALLY TERMINATES THE LICENSE WITHOUT ANY REMEDY TO THE LICENSEE. UPON SUCH TERMINATION, LICENSEE MUST DESTROY ALL COPIES OF THE SOFTWARE.

16. Breach of Agreement. It is understood and agreed that, notwithstanding any other provision of this Agreement, Licensee's breach of any of the provisions of this Agreement will cause Licensor irreparable damage for which recovery of money damages would be inadequate, and that Licensor will therefore be entitled to seek timely injunctive relief to protect Licensor's rights under this Agreement in addition to any and all remedies available at law.

17. Miscellaneous. This Agreement is the parties' entire agreement relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, conditions, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification to this Agreement will be binding, unless in writing and signed by an authorized representative of each party.

Should you have any questions concerning this Agreement, or if you desire to contact the Licensor for any reason, please visit the contact page.