CompuHost End User License Agreement |
PLEASE READ THIS DOCUMENT CAREFULLY. BY INSTALLING THE SOFTWARE, YOU ARE
AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO
THE TERMS OF THE AGREEMENT, PLEASE DO NOT INSTALL THE SOFTWARE.
This is a legal agreement between you and Karaokeware Inc.. This Agreement
states the terms and conditions upon which Karaokeware Inc. offers to license
the software known as CompuHost, together with all related documentation and
accompanying items including, but not limited to, the executable programs,
drivers, libraries and data files associated with such programs (collectively,
the "Software").
LICENSE
Grant of License.
The Software is licensed for you to use only under the terms of this Agreement.
You own the disk or other media on which the Software is originally or
subsequently recorded or fixed; but, as between you and Karaokeware Inc. (and,
to the extent applicable, its licensors), Karaokeware Inc. retains all title to
and ownership of the Software and reserves all rights not expressly granted to
you.
For Use as Single Customer Tool.
ONLY ONE COPY PER REGISTRATION MAY BE UTILIZED AT A TIME. UTILIZING THE SOFTWARE
ON MORE THAN ONE SYSTEM AT A TIME IS STRICTLY PROHIBITED.
GEN-II CompuHost License Provisions.
Upon purchase, the registered user is provided with ONE Primary User's
Activation and ONE Secondary Backup Activation. These activations are authorized
and permitted to be used as follows...
1. PRIMARY ACTIVATION: This activation is to be used on the computer the
Registered User intends to regularly utilize the applicable software on.
2. SECONDARY ACTIVATION: This "extra" activation is provided for BACKUP PURPOSES
ONLY! This activation may be utilized in the event of a catastrophic failure of
the PRIMARY computer and/or device (Computer and/or device that the PRIMARY
activation was most recently installed on.), thereby preventing the User from
salvaging the PRIMARY activation.
PERMITTED ALTERNATIVE: Optionally, the User may activate the SECONDARY
activation onto a BACKUP computer and/or device, with the sole intention of
utilizing the BACKUP Computer and/or device for BACKUP/FALLBACK purposes ONLY!
The users acknowledges and agrees that in the event the PRIMARY activation is
deemed damaged, unrecoverable or otherwise unusable, the BACKUP activation as
installed on the BACKUP computer and/or device will be utilized as a replacement
for the PRIMARY activation.
Throughout this agreement/document, the term "License" refers to both the
PRIMARY and SECONDARY activations except where explicitly noted.
IMPORTANT! UNDER NO CIRCUMSTANCE IS THE USER PERMITTED/AUTHORIZED TO LAUNCH/RUN
THE SOFTWARE UTILIZING BOTH THE PRIMARY AND SECONDARY ACTIVATIONS CONCURRENTLY!
No Merger or Integration.
You may not merge any portion of the Software into, or integrate any portion of
the Software with, any other program, except to the extent expressly permitted
by the laws of the jurisdiction where you are located. Any portion of the
Software merged into or integrated with another program, if any, will continue
to be subject to the terms and conditions of this Agreement, and you must
reproduce on the merged or integrated portion all copyright and other
proprietary rights notices included on the originals of the Software.
Transfer of License.
You may transfer your license of the Software, provided that
(a) you transfer all portions of the Software or copies thereof,
(b) you do not retain any portion of the Software or any copy thereof, and,
(c) the transferee reads and agrees to be bound by the terms and conditions of
this Agreement.
Limitations on Using, Copying, and Modifying the Software.
Except to the extent expressly permitted by this Agreement or by the laws of the
jurisdiction where you acquired the Software, you may not use, copy or modify
the Software. Nor may you sub-license any of your rights under this Agreement.
Decompiling, Disassembling, or Reverse Engineering.
You acknowledge that the Software contains trade secrets and other proprietary
information of Karaokeware Inc. and its licensors. Except to the extent
expressly permitted by this Agreement or by the laws of the jurisdiction where
you are located, you may not decompile, disassemble or otherwise reverse
engineer the Software, or engage in any other activities to obtain underlying
information that is not visible to the user in connection with normal use of the
Software. In any event, you will notify Karaokeware Inc. of any information
derived from reverse engineering or such other activities, and the results
thereof will constitute the confidential information of Karaokeware Inc. that
may be used only in connection with the Software.
ACCEPTABLE/INTENDED USE
KARAOKEWARE INC. DOES NOT CONDONE, AUTHORIZE, OR IN ANY WAY REPRESENT THAT OUR
SOFTWARE PRODUCTS BE USED IN SUCH A MANNER AS TO VIOLATE ANY LAWS WHATSOEVER!
Most notably, but not limited to the use of illegally obtained (pirated) Karaoke
content. This includes the purchase of "hard discs" containing Karaoke Content
NOT legally purchased or authorized by the manufactures/distributors, illegally
downloaded copyrighted content from File Sharing Networks, and the unlawful
duplication of otherwise legally obtained/purchased content for the intent of
utilizing the content on multiple systems.
Many Karaoke Content Providers presently offer for sale, LEGAL content in
"Computer Based Formats", while others have upon request given permission to
convert content from legally obtained (purchased) Disc Format (CD+G, VCD. Laser
etc) to "Computer Based Formats" (MP3+G etc.).
However some Karaoke Content Providers expressly PROHIBIT duplication and/or
transfer of their Disc based song selections as part of their "End Users
License". We respect their right to both impose and enforce this provision and
in NO WAY represent otherwise.
Therefore, before duplicating, transferring, or utilizing Karaoke content in any
form other than initially intended by the manufacture, the legality of
transferring and/or duplicating the subject Karaoke content should be determined
and if necessary, proper permission obtained.
TERMINATION
The license granted to you is effective until terminated. You may terminate it
at any time by returning the Software (including any portions or copies thereof)
to Karaokeware Inc. with no money back. The license will also terminate
automatically without any notice from Karaokeware Inc. if you fail to comply
with any term or condition of this Agreement. You agree upon such termination to
return the Software (including any portions or copies thereof) to Karaokeware
Inc. with no money back. Upon termination, Karaokeware Inc. may also enforce any
rights provided by law. The provisions of this Agreement that protect the
proprietary rights of Karaokeware Inc. will continue in force after termination.
LIMITED WARRANTY
Karaokeware Inc. warrants, as the sole warranty, that the disks on which the
Software is furnished will be free of defects, as set forth in the Warranty Card
or printed manual included with the Software. No distributor, dealer or any
other entity or person is authorized to expand or alter this warranty or any
other provisions of this Agreement. Any representation, other than the
warranties set forth in this Agreement, will not bind Karaokeware Inc.
Karaokeware Inc. does not warrant that the functions contained in the Software
will meet your requirements or that the operation of the Software will be
uninterrupted or error-free. EXCEPT AS STATED ABOVE IN THIS AGREEMENT, THE
SOFTWARE IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
You assume full responsibility for the selection of the Software to achieve your
intended results, and for the installation, use and results obtained from the
Software. You also assume the entire risk as it applies to the quality and
performance of the Software. Should the Software prove defective, you (and not
Karaokeware Inc., or its distributors or dealers) assume the entire cost of all
necessary servicing, repair or correction.
This warranty gives you specific legal rights, and you may also have other
rights which vary from country/state to country/state. Some countries/states do
not allow the exclusion of implied warranties, so the above exclusion may not
apply to you. Karaokeware Inc. disclaims all warranties of any kind if the
Software was customized, repackaged or altered in any way by any third party
other than Karaokeware Inc..
LIMITATION OF REMEDIES AND DAMAGES
THE ONLY REMEDY FOR BREACH OF WARRANTY WILL BE THAT SET FORTH IN THE WARRANTY
CARD OR PRINTED MANUAL INCLUDED WITH THE SOFTWARE. IN NO EVENT WILL KARAOKEWARE
INC. OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS, LOST SAVINGS, LOST REVENUES OR
LOST DATA ARISING FROM OR RELATING TO THE SOFTWARE OR THIS AGREEMENT, EVEN IF
KARAOKEWARE INC. OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL KARAOKEWARE INC. LIABILITY OR DAMAGES TO YOU OR ANY
OTHER PERSON EVER EXCEED THE AMOUNT PAID BY YOU TO USE THE SOFTWARE, REGARDLESS
OF THE FORM OF THE CLAIM.
Some countries/states do not allow the limitation or exclusion of liability for
incidental or consequential damages, so the above limitation or exclusion may
not apply to you.
PRODUCT RETURNS
IF YOU MUST SHIP THE SOFTWARE TO KARAOKEWARE INC. OR AN AUTHORIZED CompuHost
DISTRIBUTOR OR DEALER, YOU MUST PREPAY SHIPPING AND EITHER INSURE THE SOFTWARE
OR ASSUME ALL RISK OF LOSS OR DAMAGE IN TRANSIT.
U.S. GOVERNMENT RESTRICTED RIGHTS
All Software and related documentation are provided with restricted rights. Use,
duplication or disclosure by the U.S. Government is subject to restrictions as
set forth in subdivision (b)(3)(ii) of the Rights in Technical Data and Computer
Software Clause at 252.227-7013. If you are sub-licensing or using the Software
outside of the United States, you will comply with the applicable local laws of
your country, U.S. export control law, and the English version of this
Agreement.
CONTRACTOR/MANUFACTURER
The Contractor/Manufacturer for the Software is:
Karaokeware Inc.
18331 Pines Blvd. #320
Pembroke Pines , FL 33029
GENERAL
This Agreement is binding on you as well as your employees, employers,
contractors and agents, and on any successors and assignees. Neither the
Software nor any information derived there from may be exported except in
accordance with the laws of the U.S. or other applicable provisions. This
Agreement is governed by the laws of the State of Florida (except to the extent
federal law governs copyrights and federally registered trademarks). This
Agreement is the entire agreement between us and supersedes any other
understandings or agreements, including, but not limited to, advertising, with
respect to the Software.
If any provision of this Agreement is deemed invalid or unenforceable by any
country or government agency having jurisdiction, that particular provision will
be deemed modified to the extent necessary to make the provision valid and
enforceable, and the remaining provisions will remain in full force and effect.
For questions concerning this Agreement, please contact Karaokeware Inc. at the
address stated above. For questions on product or technical matters, contact the
CompuHost technical support center nearest you or visit us on the web at
www.karaokeware.com.