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Licensing : Mixman Software

Mixman Software

Below is the text of the End User License Agreement that addresses what you can and cannot do with the Mixman Studio software and the TRK and WAV files provided with the application.

This legal document is an agreement between you, the end user and Mixman Technologies Inc.(MIXMAN). BY INSTALLING THIS SOFTWARE, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT, which includes the SOFTWARE LICENSE, SOUND LICENSE, LIMITED WARRANTY and ACKNOWLEDGMENT. GRANT OF SOFTWARE LICENSE: MIXMAN grants to you the right to use one copy of the enclosed Mixman Technologies Inc., program (the "SOFTWARE") on a single terminal connected to a single computer (i.e.; with a single CPU). You may not network the SOFTWARE or otherwise use it on more than one computer or computer terminal at the same time.

COPYRIGHT: The SOFTWARE is owned by MIXMAN and is protected by Canadian and USA copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (i.e.; a book or musical recording) except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the software. NON PERMITTED USES: Without the express permission of Mixman Technologies Inc., you may NOT: 1. Use the software in a computer service business including rental, networking or time sharing software, nor may you use it for multiple users, or multiple computer system applications in the absence of individual network licenses with Mixman Technologies Inc.

2. Use, Copy or modify, alter or transfer, electronically or otherwise, the software or documentation except as expressly allowed in this agreement.

3. Translate, reverse engineer, de-assemble, de-compile or create derivative works based on the written materials.

4. Sub-license or lease this program or its documentation.

5. Distribute or sell .trk files and .wav files provided with the SOFTWARE. .trk files are only licensed for your own personal use and rights to use are not transferable.

6. Distribute any .DLL individually. You may not distribute the Xing .DLL that is included in the MIXMAN SOFTWARE.

GOVERNING LAW: This LICENSE Agreement shall be governed by the laws of California, USA and shall inure to the benefit of MIXMAN, it's successors, administrators, heirs and assigns. A venue of any trial shall be in San Francisco, CA.

LIMITED WARRANTY: This SOFTWARE and accompanying written materials are provided "as is" without warranty of any kind. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THIS SOFTWARE IS ASSUMED BY YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE IN USE, YOU (AND NOT MIXMAN OR ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF DATA. FURTHER, MIXMAN DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE SOFTWARE, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE AND YOU RELY ON THE SOFTWARE AND RESULTS AT YOUR OWN RISK.

THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT IS MADE BY MIXMAN ON THIS MIXMAN PRODUCT. IN NO EVENT SHALL MIXMAN OR ITS SUPPLIERS, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE, THE RESULTS OF USE, OR INABILITY TO USE SUCH PRODUCT, EVEN IF MIXMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

GRANT OF SOUND LICENSE: By installing this SOFTWARE or using these sounds, you agree to become bound by the terms of the License Agreement. If you do not agree with the terms of the License Agreement, do not use the sounds with this Mixman SOFTWARE. The sound samples recorded on this CD-ROM remain the property of Mixman Technologies Inc. or its supplier(s) and are licensed, not sold, to you by Mixman Technologies Inc. for use with Mixman Technologies Inc. software. A right to use the enclosed sounds is granted to the original and end-user of the product (LICENSEE) and is not transferable. The sounds may be used for personal entertainment only. Audio files created with these sounds are subject to sample copyright laws and may only be transferred to Mixman only via Radio Mixman and public performance is only allowed via Radio Mixman.

This license expressly forbids re-sale or other distribution of these sounds, either as they exist on this disc or any modification thereof. You cannot sell, loan, rent, lease, assign or transfer all or any of the enclosed sounds to another user, or for use in any other use including competitive product. Licensor will not be responsible if the contents of the sounds does not fit the particular purpose of the Licensee. The sounds provided are licensed "as is" without warranties of any kind. Neither Mixman Technologies Inc. nor their suppliers can be held responsible for any direct or indirect or consequential loss arising from the use of this product in whatever form.

ACKNOWLEDGMENT: You acknowledge that you have read this LICENSE and Limited Warranty, understand them and agree to be bound by their terms and conditions. You also agree that the LICENSE and Limited Warranty are the complete and exclusive statement between the parties and supersedes all other communications between the parties relating to the subject matter of the LICENSE or the Limited Warranty.

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