Copyright (c) 2020 inSentis
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By receiving, opening the file package, and/or using Sound App ("Software") containing this software, you agree that this End User User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by inSentis your use of Sound App indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, inSentis grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Sound App in accordance with this Agreement and any other written agreement with inSentis. inSentis does not transfer the title of Sound App to you; the license granted to you is not a sale. This agreement is a binding legal agreement between inSentis and the purchasers or users of Sound App.
If you do not agree to be bound by this agreement, remove Sound App from your device now.
Sound App and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Sound App contact inSentis.
3. USER AGREEMENT
Your license to use Sound App is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Sound App.
3.2 Use Restrictions
You shall use Sound App in compliance with all applicable laws and not for any unlawful purpose.
Each licensed copy of Sound App may be used by one single user. Each and every individual user of Sound App must be licensed separately.
You may make one copy of Sound App for backup purposes. Other users may not use your copy of Sound App. The assignment, sublicense, networking, sale, or distribution of copies of Sound App are strictly forbidden without the prior written consent of inSentis. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Sound App. If any person other than yourself uses Sound App registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation.
3.3 Copyright Restriction
This Software contains copyrighted material and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Sound App. Nor can you create any derivative works or other works that are based upon or derived from Sound App in whole or in part.inSentis's name, logo and graphics file that represents Sound App shall not be used in any way. inSentis retains sole and exclusive ownership of all right, title and interest in and to Sound App and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of Sound App, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for inSentis.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend inSentis, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of inSentis's Software.
You are responsible for setting the maximum volume level for playing the sounds with the Software. You are responsible for using safe volume levels in order to prevent hearing loss or other injuries. inSentis is not responsible for any hearing loss or other injuries that may result from improper use of the Software.
In no event (including, without limitation, in the event of negligence) will inSentis, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Sound App or the use or inability to use Sound App or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
inSentis's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by inSentis) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to inSentis.
Except as expressly stated in writing, inSentis makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the Belgium applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Belgium therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Sound App and destroy all copies of Sound App supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED.
5. CONSENT OF USE OF DATA
You agree that inSentis may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Sound App. inSentis may also use this information to provide notices to you which may be of use or interest to you.