CD Trustee 2.06

EULA - End User License Agreement

Software License Agreement

IMPORTANT INFORMATION -- Please Read

Do not use the Software (which term includes the product documentation) until you have carefully read this Agreement, which provides the terms and conditions for its use. Installing the Software indicates that you have read, understand and accept this Agreement. If you do not accept this Agreement, do not install this Software and contact Sane Soft, LLC about returning the Software.

Permitted Uses and Restrictions on Use

You are granted a personal, non-exclusive license to use one copy of the Software only on a single computer and a single terminal. You may make one archival or backup copy of the Software for your own use. However, because the Software is protected by the copyright laws, it is illegal to make additional copies or otherwise duplicate or permit the duplication of the Software; to give, loan, or rent copies to another person; or to install this software on a shared network, except solely to verify basic functioning for a period no longer than 30 days without first obtaining a multi-use license.

You may not reverse-engineer or decompile this program for any reason.

This product is licensed, not purchased. You have no ownership of the product; only a license to use it.
CONFIDENTIALITY OF REGISTRATION INFORMATION

You agree to NOT disclose any registration code or other details provided to register this software, to any person or organization, for any reason whatsoever. Doing so violates the terms of this agreement, cancels your software license, forfeits any payments you have made to Sane Soft, LLC or its agents, and is grounds for legal action to recover actual and punitive damages.
DISCLAIMER OF WARRANTIES

This Software and documentation are provided "as-is" and to the maximum extent permitted by applicable law, Sane Soft, LLC disclaims all warranties, express or implied, regarding the Software, documentation, or disk, including their fitness for a particular purpose, their quality, their merchantability, or their non-infringement. Sane Soft, LLC does not warrant that the Software or Services offered are free from bugs, interruption, errors, or other program limitations. Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In that event, any implied warranties are limited in duration to 60 days from the date of purchase of the Software. However, some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may have other rights that vary from state to state.

Sane Soft, LLC is not responsible for the performance of services or products offered by third parties in connection with the marketing and distribution of the Software.
LIMITATION OF LIABILITY AND DAMAGES

The entire liability of Sane Soft, LLC and its representatives for any reason shall be limited to the amount paid by the customer for the Software, purchased from Sane Soft, LLC. To the maximum extent permitted by applicable law, Sane Soft, LLC is not liable for any indirect, special, incidental, or consequential damages (including 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 Sane Soft, LLC 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. Some states do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

The limitations of damages or liability set forth in this Agreement are fundamental elements of the basis of the bargain between Sane Soft, LLC and you. You acknowledge and agree that Sane Soft, LLC would not be able to provide this product on an economic basis without such limitations.
Miscellaneous

This application contains software from CDDB, Inc. of Berkeley, California d/b/a Gracenote ("Gracenote"). The software from Gracenote (the "Gracenote CDDB Client") enables this application to do online disc identification and obtain music-related information, including name, artist, track, and title information ("Gracenote Data") from online servers ("Gracenote CDDB Servers") and to perform other functions. You may use Gracenote Data only by means of the intended End User functions of this application software.

You agree that you will use Gracenote Data, the Gracenote CDDB Client, and Gracenote CDDB Servers for your own personal non-commercial use only. You agree not to assign, copy, transfer or transmit the Gracenote CDDB Client or any Gracenote Data to any third party. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE DATA, THE GRACENOTE CDDB CLIENT, OR GRACENOTE CDDB SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.

You agree that your non-exclusive license to use the Gracenote Data, the Gracenote CDDB Client, and Gracenote CDDB Servers will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the Gracenote Data, the Gracenote CDDB Client, and Gracenote CDDB Servers. Gracenote reserves all rights in Gracenote Data, the Gracenote CDDB Client, and the Gracenote CDDB Servers, including all ownership rights.
You agree that CDDB, Inc. may enforce its rights under this Agreement against you directly in its own name.

The Gracenote CDDB Client and each item of Gracenote Data are licensed to you "AS IS." Gracenote makes no representations or warranties, express or implied, regarding the accuracy of any Gracenote Data from in the Gracenote CDDB Servers. Gracenote reserves the right to delete data from the Gracenote CDDB Servers or to change data categories for any cause that Gracenote deems sufficient. No warranty is made that the Gracenote CDDB Client or Gracenote CDDB Servers are error-free or that functioning of Gracenote CDDB Client or Gracenote CDDB Servers will be uninterrupted. Gracenote is not obligated to provide you with any new enhanced or additional data types or categories that Gracenote may choose to provide in the future and is free to discontinue its online services at any time.

GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Gracenote does not warrant the results that will be obtained by your use of the Gracenote CDDB Client or any Gracenote CDDB Server. IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.

YOU AGREE TO NOT HOLD Sane Soft, LLC LIABLE FOR DISCONTINUANCE OF THE GRACENOTE CDDB DISC IDENTIFICATION SERVICE, OR FOR THE INABILITY TO ACCESS THE GRACENOTE CDDB DISC IDENTIFICATION SERVICE, FOR ANY REASON.

This Agreement sets forth Sane Soft, LLC's entire liability and your exclusive remedy with respect to the Software, and is a complete statement of the agreement between you and Sane Soft, LLC. This Agreement does not limit any rights that Sane Soft, LLC may have under any laws. The agents, employees, distributors, and dealers of Sane Soft, LLC are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Sane Soft, LLC. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be to that extent deemed omitted and the remaining provisions will continue in full force and effect. The validity and performance of this Agreement shall be governed by Colorado law and applicable federal law. This Agreement is deemed entered into at Conifer, Colorado, and shall be construed as to its fair meaning and not strictly for or against either party.