End User License Agreement
IMPORTANT READ CAREFULLY: This Software License Agreement ("SLA") is a binding legal agreement between you (either an individual or a single entity) and Chris Zurbrigg for the software that accompanies this agreement, and may include online documentation (collectively, the “SOFTWARE”). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this SLA. If you do not agree with the terms of this Agreement, you are not authorized to use the SOFTWARE. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You are licensing the SOFTWARE, not buying it.
1. GRANT OF LICENSE. In consideration of the payment in full of the license fee, Chris Zurbrigg grants the End User a limited, non-exclusive and non-transferable license: ( a ) to use the SOFTWARE; ( b ) to install the SOFTWARE on a network server and use that number of copies of the SOFTWARE as have been licensed hereunder at any one time; ( c ) to copy the SOFTWARE solely for the purpose of installing it on the End User's computers and for backup storage.
2. PRICE AND PAYMENT. In consideration of the license of the SOFTWARE granted to you pursuant to this SLA, you will pay Chris Zurbrigg the license fee (and applicable taxes) when the license is acquired. Such license fee will be payable before delivery of the SOFTWARE to you.
3. RESTRICTIONS. You must maintain all copyright and trademark notices as provided on all copies of the SOFTWARE. You may not modify or translate the SOFTWARE, except to the extent that such activity is expressly permitted by applicable law notwithstanding this prohibition. You may not assign or transfer your rights under this SLA to anyone else, or give, sell, lend, rent, lease, time-share or otherwise distribute or give access to the SOFTWARE or any copies of the SOFTWARE to anyone else. Chris Zurbrigg will only provide support to the original licensee of the SOFTWARE.
4. TERMINATION. Your rights under this SLA will terminate automatically upon the termination of your use of the SOFTWARE. Or, without prejudice to any other rights it may have, Chris Zurbrigg may terminate this SLA if you fail to comply with the terms and conditions of this SLA. In such event, you must stop using the SOFTWARE immediately and destroy all copies of the SOFTWARE.
5. COPYRIGHT. All title and intellectual property rights, unless otherwise stated, including copyright, in and to the SOFTWARE and any copies thereof are owned by Chris Zurbrigg. All title and intellectual property rights in and to the content which may be created, accessed or worked with while using the SOFTWARE is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This SLA grants you no rights to use such content.
Portions related to Qt are part of the Qt project (http://qt-project.org) and licensed under GNU Lesser General Public License (LGPL) version 3.
Portions related to FFmpeg are part of the FFmpeg project (http://ffmpeg.org/) and licensed under GNU Lesser General Public License (LGPL) version 2.1.
Portions related to PortAudio are licensed under an MIT license.
6. NO WARRANTY. THE SOFTWARE IS PROVIDED TO YOU “AS IS”. ANY USE OF THE SOFTWARE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Chris Zurbrigg DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Chris Zurbrigg DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE ERROR-FREE.
7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Chris Zurbrigg BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS REVENUE OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF Chris Zurbrigg HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY. UNDER THIS SLA, THE ENTIRE LIABILITY OF Chris Zurbrigg, AND YOUR EXCLUSIVE REMEDY FOR DAMAGES, DIRECT OR OTHERWISE, REGARDLESS OF THE CAUSE OR FORM OF ACTION, SHALL NOT EXCEED TEN DOLLARS (US$10.00).
9. MISCELLANEOUS. Governing Law. This SLA is governed by the laws of the Province of Ontario, Canada. Severability. If any provision of this SLA is invalid under applicable law, the provision is to that extent deemed omitted, and the remainder of this SLA will be valid and enforceable to the maximum extent possible. Limitation of Action. No legal action arising out of this SLA may be started by you more than one year after the cause of action comes into existence. Entire Agreement. This SLA is the complete and exclusive statement of the agreement between you and Chris Zurbrigg, and supersedes all prior understandings between us, oral and written, relating to the SOFTWARE.