IMPORTANT – READ BEFORE COPYING, INSTALLING OR USING.
Do not copy, install, or use the software an other Materials provided under this license agreement (“Agreement”), until you have carefully read the following terms and conditions. By copying, installing, or otherwise using the Materials, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not copy, install, or use the Materials.
1. LICENSE DEFINITIONS:
A. “Materials” are defined as the software “DSProlog”, “Sound Recognition Suite”, signal-classifiers, documentation and other materials, including any updates and upgrade thereto, that are provided to you under this Agreement.
B. The “Manufacturer” of the Materials is
Dr. Sebastian Hübner / Sejona R&D (im Folgenden kurz “Sejona”)
Parkstraße 3
D-34346 Hann. Münden
Germany
C. “Licensee” is anybody who copies, installs and/or runs the software and the other Materials on a computer.
2. LICENSE GRANT:
A. Subject to all of the terms and conditions of this Agreement, the manufacturer grants to you a non-exclusive, non-assignable, copyright license to copy internally the Materials.
B. NO OTHER LICENSE: Except as expressly provided for in this Agreement, no license or right is granted to the Licensee directly or by implication, inducement, estoppel or otherwise
3. LICENSE RESTRICTIONS:
A. You may NOT: (i) use or copy the Materials except as provided in this Agreement; (ii) rent or lease the Materials to any third party; (iii) assign this Agreement or transfer the Materials without the express written consent of the Manufacturer; (iv) modify, adapt, or translate the Materials in whole or in part except as provided in this Agreement; (v) reverse engineer, decompile, or disassemble the Materials; (vi) attempt to modify or tamper with the normal function of a license manager that regulates usage of the Materials;
B. NONCOMMERCIAL-USE LICENSE: You obtained the Materials under the control of an Noncommercial-Use license (Academic, Partner and Student-licenses). You as an individual may copy the Materials for only noncommercial scientific purposes. The Materials may not be used for any other purpose, whether “for profit” or “not for profit.” Any work performed or produced as a result of the Materials cannot be performed or produced for the benefit of other parties for a fee, compensation or any other reimbursement or remuneration. A separate license is required for each additional use and/or individual user. The Manufacturer will provide you with a license code key that enables the Materials for a Noncommercial-Use license. If you are an entity, the Manufacturer grants you the right to designate one individual within your organization to have the sole right to copy the Materials in the manner provided above.
C. DISTRIBUTION: Distribution of any files, annotations, objects, data sets, pictures, audio files, PCM-files, classifiers and entire projects which were created with the Materials is subject to the following limitations: You (i) shall be solely responsible to your customers for any update or support obligation or other liability which may arise from the distribution, (ii) shall not make any statement that your product is “certified,” or that its performance is guaranteed, by the Manufacturer, (iii) shall not use the Manufacturer’s name or trademarks to market your product without written permission, (iv) shall prohibit disassembly and reverse engineering, (v) shall not publish reviews of Materials designated as beta without written permission by the Manufacturer, and (vi) shall indemnify, hold harmless, and defend the Manufacturer and its suppliers from and against any claims or lawsuits, including attorney’s fees, that arise or result from your distribution of any product.
D. ADDITIONAL LICENSES: Licensee’s use or implementation of the Materials may require additional licenses, including but not limited to copyright and patent licenses from various entities including the Manufacturer. Should any such additional licenses be required, the Manufacturer expects that Licensee will and Licensee agrees to obtain any such licenses at Licensee’s own expense. Licensee is solely responsible for obtaining any such licenses and the copyright licenses granted in herein are conditioned on Licensee obtaining such additional licenses
E. SAMPLE CLASSIFIERS RESTRICTIONS: Notwithstanding anything to the contrary, a valid license to DSProlog is a prerequisite to any license for sample classifiers, and possession of sample classifiers does not grant any license to DSProlog (or any portion thereof). To access sample classifiers, you must first register your licensed copy of DSProlog with the Manufacturer. By downloading, installing or copying any sample classifier file, you agree to be bound by terms of this Agreement.
F. SOFTWARE TRANSFER: You may permanently transfer all of your rights under this Agreement only with the Manufacturer’s prior written permission.
4. COPYRIGHT: Title to the Materials and all copies thereof remain with the Manufacturer. The Materials are copyrighted and are protected by international copyright laws and international treaty provisions. You will not remove any copyright notice from the Materials. You agree to prevent any unauthorized copying of the Materials. Except as expressly provided herein, the Manufacturer does not grant any express or implied right to you under the Manufacturer patents, copyrights, trademarks, or trade secret information.
5. PATENTS: The Manufacturer is legal sub-licensee to third party software protected by national and/or international patents. Prior to any use of the Materials, licensee has to prove carefully if any patents are infringed by use of the Materials. If so, the Materials cannot be used and the Manufacturer should be informed immediately by a written letter.
6. NO WARRANTY: THE MATERIALS AND INFORMATION ARE PROVIDED “AS IS” WITH NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY WARRANTY OTHERWISE ARISING OUT OF ANY PROPOSAL, SPECIFICATION, OR SAMPLE.
7. LIMITATION OF LIABILITY: THE ABOVE REPLACEMENT PROVISION IS THE ONLY WARRANTY OF ANY KIND. THE MANUFACTURER IS NOT LIABLE FOR ANY COSTS OR DAMAGES RESULTING FROM COMPLIANCE WITH ANY STANDARD OR LICENSEE’S USE OR DISTRIBUTION OF THE SOFTWARE OR ANY MODIFICATIONS THEREOF THE MANUFACTURER OFFERS NO OTHER WARRANTY EITHER EXPRESS OR IMPLIED INCLUDING THOSE OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD- PARTY INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE MANUFACTURER NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THE MANUFACTURER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE MANUFACTURER’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE VALUE ACTUALLY PAID FOR THE THE MANUFACTURER MATERIALS. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. UNAUTHORIZED USE: THE MATERIALS ARE NOT DESIGNED, INTENDED, OR AUTHORIZED FOR USE IN ANY MEDICAL, LIFE SAVING OR LIFE SUSTAINING SYSTEMS, OR FOR ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE MATERIALS COULD CREATE A SITUATION WHERE PERSONAL INJURY OR DEATH MAY OCCUR. Should you purchase or use the Materials for any such unintended or unauthorized use, you shall indemnify and hold the Manufacturer and its officers, subsidiaries and affiliates harmless against all claims, costs, damages, and expenses, and reasonable attorney fees arising out of, directly or indirectly, any claim of product liability, personal injury or death associated with such unintended or unauthorized use, even if such claim alleges that the Manufacturer was negligent regarding the design or manufacture of the part.
9. USER SUBMISSIONS: You agree that any material, information or other communication, including all data, images, sounds, text, and other things embodied therein, you transmit or post to a website of the Manufacturer or provide to the Manufacturer under this Agreement will be considered non-confidential (“Communications”). The Manufacturer will have no confidentiality obligations with respect to the Communications. You agree that the Manufacturer and its designees will be free to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense through multiple tiers of distribution and licensees, incorporate and otherwise use the Communications, including derivative works thereto, for any and all commercial or non-commercial purposes.
10. TERMINATION OF THIS LICENSE: This Agreement becomes effective on the date you accept this Agreement and will continue until terminated as provided for in this Agreement. If you are using the Materials under the control of a time-limited license, for example an Evaluation License, this Agreement terminates without notice on the last day of the time period, which is controlled by the license key code for the Materials. The Manufacturer may terminate this license at any time if you are in breach of any of its terms and conditions. Upon termination, you will immediately return to the Manufacturer or destroy the Materials and all copies thereof.
11. APPLICABLE LAWS: Any claim arising under or relating to this Agreement shall be governed by the internal laws of the Federal Republic of Germany, without regard to principles of conflict of laws. You agree that the terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to this Agreement. You agree that your distribution and export/re-export of the Software and permitted modifications shall be in compliance with the laws, regulations, orders or other restrictions of applicable export laws. The Materials and any license to use the Materials were obtained by the Licensee on the territory of the Federal Republic of Germany.