Kool Audio Software Company Limited Software License
and Warranty Agreement
SOFTWARE
LICENSE AGREEMENT This is a legal agreement between you (either an individual
or an entity) and Kool Audio Software Company. By installing the package(s)
containing the purchased software you are agreeing to be bound by the terms of
this agreement.
1. GRANT
OF LICENSE. Kool Audio Software Company grants to you the right to use one copy
of the enclosed Kool Audio Software Company software program per serial number
(the "SOFTWARE" is in "use" on a computer when it is loaded
into temporary memory (i.e., RAM) or installed into permanent memory (e.g.,
hard disk, CD-ROM, or other storage device) of that computer. Installation on a
network server for the sole purpose of distribution to one or more other
computer(s) shall constitute "use" for which a separate
license/serial number is required.
2. COPYRIGHT.
The SOFTWARE is owned by Kool Audio Software Company and is protected by
3. OTHER
RESTRICTIONS - You may not rent or lease the SOFTWARE, but you may transfer the
SOFTWARE and accompanying written materials on a permanent basis provided you
retain no copies and the recipient agrees to the terms of this Agreement. You
may not reverse engineer, decompile, or disassemble the SOFTWARE. If the
SOFTWARE is an update or has been updated, any transfer must include the most
recent update and all prior versions.
LIMITED
WARRANTY - Kool Audio Software Company warrants that the SOFTWARE will perform
substantially in accordance with the accompanying written materials for a
period of one (1) year from the date of receipt. Any implied warranties on the
SOFTWARE are limited to ninety (90) days. Some states/countries do not allow
limitations of duration of an implied warranty, so the above limitation may not
apply to you.
CUSTOMER
REMEDIES - Kool Audio Software Company, and its suppliers’ entire liability,
and your exclusive remedy shall be, at Kool Audio Software Company or its
suppliers’ option, either (a) return of the price paid, or (b) repair or
replacement of the SOFTWARE that does not meet Kool Audio Software Company'
Limited Warranty and which is returned to Kool Audio Software Company with a
copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE
has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE
will be warranted for the remainder of the original warranty period.
NO
OTHER WARRANTIES - Kool Audio Software Company and its suppliers disclaim all
other warranties, either expressed or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose,
with regard to the SOFTWARE, the accompanying written materials, and any
accompanying hardware. This limited warranty gives you specific legal rights.
You may have other legal rights, which vary from state to state, or country to
country.
NO
LIABILITY FOR CONSEQUENTIAL DAMAGES - Kool Audio Software Company expressly
disclaims all liability for any indirect or consequential damages whatsoever
(including, without limitation, damages for loss of business profits, business
interrupted, loss of business information, or any other pecuniary loss) arising
out of the use of, or inability to use, this Kool Audio Software Company
product, even if Kool Audio Software Company has been advised of the
possibility of such damages. Any suit or legal action relating to this
Agreement or Licensed Programs must be brought within one (1) year of the date
the programs are purchased by the original licensee. Because some states/countries
do not allow the exclusion or limitation of liability for consequential or
incidental damages, the above limitation may not apply to you. LIMITATION OF
LIABILITY The liability of Kool Audio Software Company arising from this
warranty and sale shall be limited to a refund of the purchase price. In no
event shall Kool Audio Software Company be liable for costs of procurement of
substitute products or services, or for any lost profits, or for any
consequential, incidental, direct or indirect damages, however caused and on
any theory of liability, arising from this warranty and sale.
U.S.
GOVERNMENT Restricted Rights - The SOFTWARE and documentation are provided with
RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject
to restrictions as set forth in subparagraph (c) (1)(ii) of The Rights in
Technical Data and Computer Software clause at DFARS 52.227-7013 or
subparagraphs (c) (1)and (2) of the Commercial Computer Software-Restricted
Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Kool Audio Software
Company, 11 N. Circlewood Glen, The Woodlands,
TX 77381. This Agreement is governed by the laws of the
State of
WARRANTY DISCLAIMERS Kool Audio Software Company makes no other warranties, express, implied, or otherwise, regarding its software, and specifically disclaims any warranty for merchantability or fitness for a particular purpose. The exclusion of implied warranties is not permitted in some states and the exclusions specified herein may not apply to you. This warranty provides you with specific legal rights. There may be other rights that you have which vary from state to state.