» version 1.47 - posted on 2005-09-29
EULA - End User License Agreement
Gx5 TM MyWake-UpTunes TM
SOFTWARE END USER LICENSE AGREEMENT
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND Gx5. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND 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 SELECT THE "CANCEL" BUTTON, DO NOT INSTALL THE SOFTWARE AND DELETE IT.
(a) "Gx5" means Gx5 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 MyWake-UpTunes TM software program supplied by Gx5 TM 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 a single computer; OR install and store the Software on a storage device, such as a network server, used only to install the Software on your other computers over an internal network, provided you have a license for each separate computer on which the Software is installed and run. A license for the Software may not be shared or used concurrently on different computers.
(b) Beta/Trial Version Only. If you have obtained a license for the Beta or Trial Version of the Software, then you may install and store the Software on a single computer ONLY. You are not permitted to use either the Beta or the Trial version for commercial use.
(c) Make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software.
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 computer to another or over a network.
(b) You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
(c) You may not rent, lease, or sublicense the Software.
(d) You may not modify the Software or create derivative works based upon the Software.
(e) You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder.
(f) In the event that you fail to comply with this EULA, Gx5 may terminate the license and you must destroy all copies of the Software.
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. Gx5 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 Gx5 and its suppliers.
6. LIMITED WARRANTY AND DISCLAIMER
7. LIMITATION OF LIABILITY
(a) NEITHER Gx5 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 Gx5 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 Gx5 NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANYACCURACY/INACCURACY, SOFTWARE ERROR INDIRECT AND DIRECT FAILURE(S), IMPROPER FUNCTION AND TRIGGERING OF THE ALARM CLOCK AND OTHER FEATURES IN THIS SOFTWARE DUE TO PROGRAM ERROR, USER ERROR, POWER OUTAGE, VOLUME LEVEL OR BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF Gx5 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 Gx5 and you. Gx5 would not be able to provide the Software on an economic basis without such limitations.
9. Software Authentication
The end licenced user agrees to the approval of online authentication to activate and enable 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 Gx5 cannot be held liable for any damage caused during this transfer. All information is kept strictly confidential.
10. Third Party Software
(a) Microsoft, Windows NT, Windows Media Player and the Microsoft Internet Explorer logo are registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.
(b) Netscape and Netscape Navigator are registered trademarks of Netscape Communications Corporation in the United States and other countries. Netscapes logos and Netscape product and service names are also trademarks of Netscape Communications Corporation, which may be registered in other countries.
(c) Macromedia and Flash are registered trademarks of Macromedia, Inc in the United States and other countries. Macromedia logos are also trademarks of Macromedia, Inc which may be registered in other countries.
11. SUPPORT AND UPDATES.
This license does not entitle you to support, telephone assistance, enhancements or updates. This software will periodically go online to check for updates and potential bugs. Product and User Information is sent during update check and use of the software and is used strictly for update and authentication. The end user agrees to this transfer of information and Gx5 cannot be held liable for any damage caused during this transfer. All information is kept strictly confidential.
All rights reserved. Unauthorized duplication is a violation of applicable laws.
13. MyWake-UpTunes Skinner Assets
You are allowed to use these assets only for private use.
Gx5 and MyWake-UpTunes are trademarks or registered trademarks of Gx5 in the United States of America and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners.
Thank you for using MyWake-UpTunes.