What follows below is a Addicted To Music Software License.
Please scroll down and agree on therms and conditions to download the software.
Bettermaker Software License, is a legal agreement between you, the end user (whether an individual or an entity), and Addicted To Music- Marek Walaszek further called ATM. If you do not agree to the terms of the Agreement that applies to you, please do not indicate your acceptance of the terms.
If you agree to the terms herein, please retain the document as it is your proof of license to exercise the rights granted herein.
ATM SOFTWARE LICENSE
1. GRANT OF LICENSE.
This ATM License Agreement (“LICENSE”) permits you to use one copy of the specified version of the Bettermaker software product identified above (“SOFTWARE”) on any single computer, for a limited time period, as indicated on your purchase order, beginning as of the date you accept the terms herein, provided the SOFTWARE is in use on only one computer at any time. If you have multiple Licenses for the SOFTWARE, then at any time you may have as many copies of the SOFTWARE in use as you have LICENSES. The SOFTWARE is “in use” on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the 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.” If the anticipated number of users of the SOFTWARE will exceed the number of applicable Licenses, then you must have a reasonable mechanism or process in place to assure that the number of persons using the SOFTWARE concurrently does not exceed the number of LICENSES.
ATM owns the Bettermaker SOFTWARE and all trade secrets, copyrights, patents and other intellectual property rights therein. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording), except that you may transfer the Bettermaker SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the SOFTWARE.
3. OTHER RESTRICTIONS.
You may not sub-license, transfer or assign the Bettermaker SOFTWARE. You may not and you may not permit others to:
a) Reverse engineer, decompile, disassemble or otherwise derive source code from the Bettermaker SOFTWARE;
b) Modify or prepare derivative works of the Bettermaker SOFTWARE;
c) Copy the Bettermaker SOFTWARE, other than as specifically set forth herein; and/or
d) use the Bettermaker SOFTWARE in any manner that infringes the intellectual property or other rights of another party. Any transfer of the Bettermaker SOFTWARE must include the most recent update and all prior versions.
If the Bettermaker SOFTWARE is an update to a previous version (the “UPDATE”), you must possess a valid License for the previous version, in order to use the Update.
All Updates are provided to you on a “license exchange” basis and you agree that by using an Update, you no longer have a License to use any previous version of the SOFTWARE.
5. NO WARRANTIES.
ATM disclaims all warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a
particular purpose, with respect to the Bettermaker SOFTWARE, the accompanying written materials.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall ATM or its suppliers be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, incidental, or consequential damages, or damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use this ATM product, even if ATM has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you; in such a case, then the aggregate liability for any claims, losses or damages shall not exceed US$ 1,000.
The foregoing limitation of liability is complete and exclusive, shall apply even if ATM has been advised of the possibility of claims, losses, or damages exceeding such limit, and shall apply regardless of the success or effectiveness of any other remedies possessed by ATM. The limitation of liability reflects an allocation of risk between you and ATM.
6. GENERAL PROVISIONS
New York law shall govern the interpretation and enforceability of this Agreement. If any provision of this Agreement is held to be unenforceable, then such provision shall be deemed stricken from this Agreement and the remaining provisions shall be enforced in accordance with their terms. In the absence of a written agreement signed by you and ATM, this Agreement shall be the sole and complete agreement between you and ATM, regarding the Bettermaker SOFTWARE. This Agreement expressly supersedes and replaces any other license agreement for the Bettermaker SOFTWARE, including but not limited to any agreement appearing in any user’s manual, unless a subsequent agreement for the Bettermaker SOFTWARE is in writing and signed by both you and an authorized WAVES representative.
7. PRODUCT LABELING
You agree not to use any ATM trademarks, brand names or logos without the prior written consent of ATM.
8. NO OBLIGATION TO ENFORCE
Nothing contained in this Agreement shall be construed as imposing on ATM any obligation to acquire, maintain, or file or defend any suit or action regarding the validity or infringement of, any ATM intellectual property licensed hereunder.
9. NO WAIVER
The waiver by either party of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or different provision.
In the event that any provision of this Agreement is determined to be invalid, unenforceable or unlawful, such invalidity, unenforceability or unlawfulness shall not effect any other provisions of this Agreement, and the Agreement shall be construed as if the challenged provision had never been contained herein.
11. NO SUPPORT OBLIGATION
ATM is not obligated to furnish or make available to you any further information, software, technical information, know-how, or support. Addicted TO Music reserves the right to make changes to the SOFTWARE, and all materials provided hereunder, without further notice.