END-USER LICENSE AGREEMENT FOR AUDIOLENSE FROM Juice Hifi
This license agreement regulates the installation and use of the Audiolense application – included usage of the files and correction filters generated by the Audiolense application.
Audiolense and Juice Hifi are trademarks of Liapynten as, hereinafter called COMPANY.
IMPORTANT-READ CAREFULLY BEFORE INSTALLING THE SOFTWARE.
This End User License Agreement (this “EULA”) contains the terms and conditions regarding your use of the SOFTWARE (as defined below) and material limitations to your rights in that regard. You should read this EULA carefully.
By installing the Audiolense software (hereinafter the “SOFTWARE”), you are accepting the following EULA.
I. THIS EULA
The SOFTWARE may be installed and used as demo versions or as licensed versions. This EULA also includes the sound filters and any other output that may be produced with a licensed or unlicensed version of the SOFTWARE.
Demo versions of the SOFTWARE come with limited functionality and limited output, and may be installed in multiple locations.
Licensed versions come with licensed functionality and licensed output (sound filters and other files generated by the SOFTWARE).
For non-commercial domestic usage:
– Installation and use of the licensed SOFTWARE is restricted to one machine per license.
– Use of sound filters and other licensed output are restricted to one housing unit per residence (residence: apartment, house etc.). Thus, one license can be used to generate sound filters for several audio / video setups in a home.
For commercial end user and other non-commercial usage:
– Installation and use of the licensed SOFTWARE is restricted to one machine per license.
– Use of sound filters and other licensed output related to the SOFTWARE is restricted to one audio / video setup per license.
COMPANY reserves the right to use any kind of software protection and licensing arrangement for future releases.
A hardware locked license can be transferred from one computer to another. Special rules apply in case of license rights transfer to a 3rd party.
An administrative fee may be charged for license transfers from customers who do not have a support agreement with the COMPANY.
2. Software Covered by this EULA.
This EULA governs your use of the SOFTWARE enclosed either as part of a SOFTWARE installer or otherwise accompanied herewith. The term “SOFTWARE” includes, to the extent provided by the COMPANY:
- any revisions, updates and/or upgrades thereto;
- any data, image or executable files, databases, data engines, computer software, or similar items customarily used or distributed with computer software products;
- anything in any form whatsoever intended to be used with or in conjunction with the SOFTWARE;
- any associated media, documentation (including physical, electronic and online) and printed materials ( the”Documentation” ).
3. Software-Generated Output Covered by this EULA.
This EULA governs your use of the SOFTWAREGENERATED OUTPUT. The term “SOFTWARE GENERATED OUTPUT” includes, to the extent provided by the COMPANY: 1) Any sound correction files or files used to configure an audio / video setup that is generated by the SOFTWARE, 2) Any other output generated by the SOFTWARE.
4. This EULA is a legal agreement between you and COMPANY.
If you are acting as an agent of a company or another legal person, such as an officer or other employee acting for your employer, then “you” and “your” mean your principal, the entity or other legal person for whom you are acting. However, importantly, even if you are acting as an agent for another, you may still be personally liable for violation of laws such as copyright infringement.
This EULA is a legal agreement between you and COMPANY. You intend to be legally bound to this EULA to the same extent as if COMPANY and you physically signed this EULA. By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms and conditions contained in this EULA. If you do not agree to all of the terms and conditions contained in this EULA, you may not install or use the SOFTWARE. If you have already installed or begun to install the SOFTWARE you should cancel any install in progress and uninstall the SOFTWARE. If you do not agree to all of these terms and conditions, then you must promptly return the uninstalled SOFTWARE to the place from which you purchased it in accordance with the return policies of that place.
II. YOURLICENSE TO INSTALL AND USE.
Detailed below, this EULA grants you a single end-user license for usage as explained and defined in more detail below.
- Demo Version. A demo version, “evaluation copy”, “Beta” copy or similar version, specifically designated as such by COMPANY on its website or otherwise, may be installed and used free of charge.
- Licensed version. Installation and use of the licensed the SOFTWARE is restricted to one machine per license.
2a) For non-commercial domestic usage: Use of sound filters and other licensed output related to the SOFTWARE license is restricted to one residence. A residence is an apartment, a house, a cabin etc for one family household or similar. Collectives, hotels, hostels and so on are in this instance regarded as several residences.
One license includes the right to deploy sound filters for several audio / video setups in a home.
2b) For commercial end user and other non-commercial usage: Installation and use of the licensed Audiolense software is restricted to one machine per license. One license includes the right to deploy sound filters in one single audio / video setup.
- License Key File. Upon purchase of a license a unique license key is provided by COMPANY either electronically or via the delivery channel. The License Key is subject to the restrictions set forth in this EULA and may not be disclosed or distributed
Subject to the terms and conditions of this EULA, the Licenses are perpetual. Updates and upgrades to the SOFTWARE may be provided by COMPANY at their discretion at timely intervals though COMPANY does not commit to providing such updates or upgrades, and, if so provided by COMPANY, are provided upon the terms and conditions offered at that time by COMPANY.
III. INTELLECTUAL PROPERTY
You agree that all right, title, and interest in and to the SOFTWARE (including, but not limited to, any images, photographs, code examples and text incorporated into the SOFTWARE), and any copies of the SOFTWARE, and any copyrights and other intellectual properties therein or related thereto are owned exclusively by COMPANY, except to the limited extent that COMPANY may be the rightful license holder of certain third-party technologies incorporated into the SOFTWARE. The SOFTWARE is protected by copyright laws and international treaty provisions. The SOFTWARE is licensed to you, not sold to you. COMPANY reserves all rights not otherwise expressly and specifically granted to you in this EULA.
You may backup the software for archival purposes.
3. General Limitations
You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that applicable law expressly permits such activity notwithstanding this limitation.
4. Software Transfers
You may not rent or lease the SOFTWARE. You may transfer the SOFTWARE to another computer, provided that it is completely removed from the computer from which it was transferred. You may permanently transfer all of your rights under the EULA, provided that you retain no copies, that you transfer all the SOFTWARE (including all component parts, the media and printed materials, any dates, upgrades, this EULA and, if applicable, the Certificate of Authenticity), and that the recipient agrees to the terms and conditions of this EULA as provided herein. COMPANY should be notified in writing of license transfers where the recipient is a different subject than the original licensee. If the SOFTWARE is an update or upgrade, any transfer must include all prior versions of the SOFTWARE.
Software transfer requires invalidation of the old license and generation of a new license. COMPANY may or may not charge administrative fee for this work at its own discretion. You must contact Company for assistance if you wish to do a software transfer.
Without prejudice to any other rights it may have, COMPANY may terminate this EULA and the Licenses if you fail to comply with the terms and conditions contained herein. In such an event, you must destroy all copies of the SOFTWARE and all of its component parts.
IV. DISCLAIMER and WARRANTIES
COMPANY’s entire liability and your exclusive remedy under this EULA shall be, at COMPANY’s sole option, either (a) return of the price paid for the SOFTWARE; (b) repair the SOFTWARE through updates distributed online. COMPANY cannot and does not guarantee that any functions contained in the Software will meet your requirements, or that its operations will be error free. The entire risk as to the Software performance or quality, or both, is solely with the user and not COMPANY. You assume responsibility for the selection of the component to achieve your intended results, and for the installation, use, and results obtained from the SOFTWARE.
COMPANY makes no warranty, to the maximum extent permitted by law, either implied or expressed, including with-out limitation any warranty with respect to this Software documented here, its quality, performance, or fitness for a particular purpose. In no event shall COMPANY be liable to you for damages, whether direct or indirect, incidental, special, or consequential arising out the use of or any defect in the Software, even if COMPANY has been advised of the possibility of such damages, or for any claim by any other party. All other warranties of any kind, either express or implied, including but not limited to the implied warranties of merchant ability and fitness for a particular purpose, are expressly excluded.
1. This is the Entire Agreement
This EULA (including any addendum or amendment to this EULA included with the SOFTWARE) is the final, complete and exclusive statement of the entire agreement between you and COMPANY relating to the SOFTWARE. This EULA supersedes any prior and contemporaneous proposals, purchase orders, advertisements, and all other communications in relation to the subject matter of this EULA, whether oral or written. No terms or conditions, other than those contained in this EULA, and no other understanding or agreement which in any way modifies these terms and conditions, shall be binding upon the parties unless entered into in writing executed between the parties, or by other non-oral manner of agreement whereby the parties objectively and definitively act in a manner to be bound (such as by continuing with an installation of the SOFTWARE, “clicking-through” a questionnaire, etc.) Employees, agents and other representatives of COMPANY are not permitted to orally modify this EULA.
2. You Indemnify COMPANY
You agree to indemnify, hold harmless, and defend COMPANY and its suppliers and resellers from and against any and all claims or lawsuits, including attorney’s fees, that arise or result from this EULA.
3. Interpretation of this EULA
If for any reason a court of competent jurisdiction finds any provision of this EULA, or any portion thereof, to be unenforceable, that provision of this EULA will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this EULA will continue in full force and effect. Formatives of defined terms shall have the same meaning of the defined term. Failure by either partyto enforce any provision of this EULA will not be deemed a waiver of future enforcement of that or any other provision. Except as otherwise required or superseded by law, this EULA is governed by the laws of Norway. If the SOFTWARE was acquired outside of Norway, then local law may apply.