This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and DRAKOS AUDIO SOFTWARE DEVELOPMENT L.P. trading as Deltarray ("Deltarray") for the product "Giglad" which includes computer software, and may include associated media, printed materials and online electronic documentation (the "SOFTWARE PRODUCT") on the terms and conditions stated below. By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to any of the terms of this EULA, you are not permitted to use the SOFTWARE PRODUCT in any way, and all copies of it must be deleted from your system(s).
a) Deltarray grants you a nonexclusive licence to install and use one copy of the SOFTWARE PRODUCT on a single computer. Where the SOFTWARE PRODUCT is properly licensed for a particular computer, the primary user of that computer may install additional copies of the SOFTWARE PRODUCT on other home and/or portable computers without paying additional licence fees if the user has only one copy of the SOFTWARE PRODUCT in use at any time. The SOFTWARE PRODUCT is in "use" on a computer when it is loaded into temporary memory (i.e., RAM).
b) The SOFTWARE PRODUCT is licensed to you, not sold.
a) The SOFTWARE PRODUCT is owned by deltarray and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may either (a) make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes or (b) install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes.
a) Deltarray periodically releases minor updates to existing versions, and also complete new versions, of the SOFTWARE PRODUCT.
b) Deltarray is not obligated to, but may at its own option, provide free email support.
c) If this copy of the SOFTWARE PRODUCT is an upgrade from an earlier version of the SOFTWARE PRODUCT, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the SOFTWARE PRODUCT to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the SOFTWARE PRODUCT or transfer it to another person or entity unless such transfer is otherwise valid according to the terms of this EULA.
a) You may not reverse engineer, decompile or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law not withstanding this limitation. You may reasonably copy the Software to the extent necessary to enable this permitted use of the Software, but you may not copy or distribute the Software to any third parties.
b) You may not rent or lease the SOFTWARE PRODUCT.
c) Reselling, licensing, sublicensing or otherwise transferring the licensed SOFTWARE PRODUCT, any copy thereof, in whole or in part to any third party is not allowed without prior written approval of Deltarray.
d) Deltarray may terminate this License Agreement if you fail to comply with the terms and conditions. In such event, you must erase from your computer and destroy all copies of the SOFTWARE PRODUCT.
a) No warranties. Deltarray expressly disclaim any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
b) No liability for damages. To the maximum extent permitted by applicable law, in no event Deltarray is liable for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use this product (including but not limited to loss of data, or data being rendered inaccurate, or losses sustained by you or third parties, or a failure of the program to operate with any other programs), even if Deltarray has been advised of the possibility of such damages.
a) THIS SOFTWARE IS PROVIDED "AS IS", WITHOUT A WARRANTY OF ANY KIND. DELTARRAY DOESN'T TAKE ANY RESPONSE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE. IN NO EVENT WILL DELTARRAY BEEN LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF GEORGE DRAKOS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DELTARRAY DOES NOT WARRANT THAT GIGLAD IS FREE FROM BUGS, ERRORS, OR OTHER PROGRAM LIMITATIONS. LIMITATION OF LIABILITY AND DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE AUTHOR HAS 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. THE AUTHOR WILL NOT BE SUBJECT TO LIABILITY FOR ANY BUGS OR DAMAGES CAUSED BY CERTAIN CHORDASTIC FEATURES. DELTARRAY DOESN'T TAKE ANY RESPONSE IF YOU USE THIS SOFTWARE TO PUBLISH AND DISTRIBUTE MATERIAL OF INTELLECTUAL PROPERTY OF OTHER.
a) You agree that this EULA be drafted in the English language.