End-user license agreement (EULA) for personal licenses

End-user license agreement (EULA)

YOU SHOULD CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. INSTALLING AND USING THE PRODUCT INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD PROMPTLY RETURN THE PRODUCT UNUSED.

GRANT OF LICENSE. In consideration of payment of the license fee, Entel Ltd. Inspired Acoustics division ("Entel") grants to you, the Licensee, a nonexclusive, nontransferable license to have one person use the enclosed Inspired Acoustics product (the "Product") on one personal computer at a time. If you want to use the Product on more than one personal computer at a time you must obtain separate licenses. All rights not expressly granted to Licensee are reserved to Entel.

OWNERSHIP AND USAGE OF THE PRODUCT. Entel and licensors of Entel own and will retain all title, copyright, trademark and other proprietary rights in and to the Product. Portions of the Product may incorporate certain material proprietary to third parties. This License is not a sale of the Product or any copy of it. You, the Licensee, obtain only such rights as are provided in this Agreement. You understand and agree as follows: you may not make any copies of all or any part of the Product except for archival copies of the computer software components of the Product as permitted by law; you may not reverse compile/assemble/engineer, modify, or incorporate in whole or in part in any other product or create derivative works of similar purpose of the Product based on all or any part of the Product; you may not extract, measure or take steps to numerically analyze, verify, identify, capture or reproduce contents of the Product for any purpose including but not limited to creating competitive products; you may not represent your derivative works (i.e. your recordings) using the names of locations, places or instruments of the Product; you may not remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the Product; you may not transfer or resell the Product unless permitted by local regulation or Entel beforehand. This license expressly forbids resale, re-licensing or other distribution of the Product unless permitted by local regulation or Entel beforehand. You cannot sell, loan, rent, lease, assign or transfer all or any of the enclosed audiovisual data (photos, sounds, acoustic data, etc.) in the Product to another user, or for use in any competitive product(s). If transferred, in whole or in part, the original and subsequent owners forfeit all rights to use the software; you may not use the documentation for any purpose other than to support your use of the Product; you may not perform or publish engineering analyses of the Product, including quality, performance or benchmark analyses, without the expressed written permission of Entel.

RESPONSIBILITIES. Entel hopes the Product will be useful to your business or personal endeavors. However, Entel does not warrant the operation of the Product or the accuracy or completeness of any information contained in the Product. You, and not Entel, are responsible for all uses of the Product.

Limited Warranty. Entel warrants to you, the original licensee, that with the exception of download delivery products, the media on which the Product is recorded will be free of defects in material and workmanship under normal use for a period of thirty (30) days from purchase.

Entel furnishes and licensee accepts the product as-is, with no warranty, express or implied, and there is expressly excluded the implied warranties of design, merchantability and fitness for a particular purpose. Entel makes no warranty or representation regarding the accuracy, efficacy, utility or freedom from errors or defects of Entel products and related information, and the media or downloading service containing them. Entel makes no warranty or representation and has no indemnity obligation regarding the rights of any third parties arising with respect to Entel products under the patent, trademark, copyright, or other intellectual property laws of any country or jurisdiction other than the laws of Hungary, without reference to "conflict of laws" principles. Entel shall not be liable to licensee or any third party for any actual, direct, indirect, special, con-sequential, exemplary or other damages or liability of any kind or under any circumstance or legal theory relating to or arising in any way from this agreement or the activities or commercial relationship it contemplates or implies, including without limitation damages or liability arising from Entel’s or any third party's actual or alleged negligence, breach of contract, bodily injury, personal injury, strict liability, loss of goodwill or reputation, loss of profits or other economic loss or damage, regardless whether pace has been advised of the possibility of any such loss and regardless of the course of dealing which develops or has developed between the parties. Licensee hereby releases Entel from and agrees to indemnify and hold Entel harmless against any liability, claim, loss, cost, damage or expense, including reasonable attorney fees, caused or asserted by licensee or any third party, consisting or arising from or in the course of (i) any damages or liability for which Entel is not liable as provided in the preceding sentence, or (ii) licensee's breach of this agreement. Entel, at its option may use reasonable efforts to correct any defects that are reported to it within the foregoing warranty period or may decide to refund the purchase price to you in accordance with its then-current Refund Policy. Entel does not warrant that the Product will be error free, nor that all program errors will be corrected. In addition, Entel makes no warranties if the failure of the Product results from accident, abuse or misapplication. Remedies are available with a proof of purchase from an authorized international source. All requests for warranty assistance shall be directed to Entel at the following address: [email protected] or H-1301 Budapest, Pf. 94. Hungary. +36/1/3360400. The expressed warranty set forth in this Agreement is the only warranty given by Entel with respect to the entire Product. Entel’s liability in contract, tort or otherwise arising in connection with the Product shall not exceed the purchase price of the Product. In no event shall Entel be liable for special, incidental, tort or consequential damages including any damages resulting from loss of use, loss of data, loss of profits or loss of business arising out of or in connection with the performance of the Product, even if Entel has been advised of the possibility of such damages.

TERMINATION. This License Agreement will terminate immediately if you breach any of its terms. Upon termination, you will be required promptly to return to Entel or to destroy all copies of the Product covered by this License Agreement.

GOVERNING LAW. The terms of this License shall be construed in accordance with the substantive laws of Hungary.

No Waiver. The failure of either party to enforce any rights granted in this Agreement or to take any action against the other party in the event of any breach of this Agreement shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

Litigation Expenses. If any action is brought by either party to this Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorneys' fees and litigation expenses.

Unenforceable Terms. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE LICENSE AGREEMENT BETWEEN YOU AND ENTEL WHICH SUPERSEDES ANY PROPOSALS, OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND ENTEL RELATING TO THE SUBJECT MATTER OF THIS LICENSE AGREEMENT.