END USER LICENSE AGREEMENT
for Leadtek Research Inc.
IMPORTANT--READ CAREFULLY: This
Leadtek Research Inc.(hereinafter called as
"Leadtek") End User License Agreement ("END USER
LICENSE") is a legal agreement between you and
Leadtek for the Leadtek software program, which
includes computer software and associated media
and printed materials (if any), and may include
online or electronic documentation ("SOFTWARE
PRODUCT" or "SOFTWARE"). By installing, copying or
otherwise using the SOFTWARE PRODUCT, you agree to
be bound by the terms of this END USER LICENSE. If
you do not agree to the terms of this END USER
LICENSE, you are not authorized to use the
SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright
laws and international copyright treaties, as well
as by other intellectual property laws and
treaties.
The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. The END USER
LICENSE grants you the following rights: USE and
COPY. Leadtek grants to you the right to copy
and use the SOFTWARE PRODUCT on as many personal
computers as you own, but not over a network.
Genie-Soft may, but is not obligated to,
provide you with updates or upgrades to the
SOFTWARE ("UPDATES"), for free or subject to
payment of additional license fees.
Use of any UPDATE is subject to the terms of
this END USER LICENSE. By installing, copying or
otherwise using any such UPDATE, you agree to be
bound by the terms of this END USER LICENSE with
respect to such UPDATE.
2. RESTRICTIONS 2.1 You may not use
the SOFTWARE PRODUCT for real-time broadcasting
(terrestrial, satellite, cable or other media) or
broadcasting via Internet or other networks,
including but not limited to intranets, etc., or
in pay-audio or audio-on-demand applications.
2.2 You may not use the SOFTWARE PRODUCT to
reproduce copyrighted audio recordings for
commercial purposes, unless you have the express,
written permission of the owners of those
copyrights.
2.3 You may not use the SOFTWARE PRODUCT to
reproduce copyrighted music CDs which you do not
own, unless you have the express, written
permission of the owners of those copyrights.
2.4 You must maintain all copyright notices on
all copies of the SOFTWARE PRODUCT.
2.5 You may not distribute copies of the
SOFTWARE PRODUCT to third parties.
2.6 You may not modify, reverse engineer,
decompile or disassemble the SOFTWARE PRODUCT.
2.7 You may not rent or lease the SOFTWARE
PRODUCT.
2.8 You may permanently transfer all of your
rights under this END USER LICENSE only in
conjunction with a permanent transfer of the
rights to the personal computer on which the
SOFTWARE PRODUCT is installed.
3. COPYRIGHT. All title and
copyrights in and to the SOFTWARE PRODUCT and any
copies thereof are owned by Leadtek or its
suppliers. All title and intellectual property
rights in and to the content which may be accessed
through use of the SOFTWARE PRODUCT is the
property of the respective content owner and may
be protected by applicable copyright or other
intellectual property laws and treaties. This END
USER LICENSE grants you no rights to use such
content.
4. NO WARRANTY. THE SOFTWARE PRODUCT
IS LICENSED TO YOU "AS IS" AND ANY USE OF THE
SOFTWARE PRODUCT IS AT YOUR OWN RISK. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
Leadtek AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES
AND CONDITIONS, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
5. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL Leadtek OR ITS
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF
FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER
PECUNIARY LOSS) REGARDLESS OF CAUSE OR FORM OF
ACTION, INCLUDING CONTRACT, TORT OR NEGLIGENCE,
ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SOFTWARE PRODUCT, EVEN IF Leadtek HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
STATES AND JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY OF
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITY.
Leadtek'S ENTIRE LIABILITY AND YOUR
EXCLUSIVE REMEDY UNDER THIS END USER LICENSE SHALL
NOT EXCEED ONE DOLLAR (US $1.00).
7. TERMS OF USE Software of
Leadtek This application contains software
from Leadtek. The software from LEADTEK (the
"LEADTEK Client") enables this application to do
online disc identification and obtain
music-related information, including name, artist,
track, and title information ("LEADTEK Data") from
online servers ("LEADTEK Servers") and to perform
other functions.
You agree that you will use LEADTEK Data, the
LEADTEK Client, and LEADTEK Servers for your own
personal non-commercial use only. You agree not to
assign, copy, transfer or transmit the LEADTEK
Client or any LEADTEK Data to any third party. YOU
AGREE NOT TO USE OR EXPLOIT LEADTEK DATA, THE
LEADTEK CLIENT, OR LEADTEK SERVERS, EXCEPT AS
EXPRESSLY PERMITTED HEREIN.
You agree that your non-exclusive license to
use the LEADTEK Data, the LEADTEK Client, and
LEADTEK Servers will terminate if you violate
these restrictions. If your license terminates,
you agree to cease any and all use of the LEADTEK
Data, the LEADTEK Client, and LEADTEK Servers.
LEADTEK reserves all rights in LEADTEK Data, the
LEADTEK Client, and the LEADTEK Servers, including
all ownership rights. You agree that LEADTEK, Inc.
may enforce its rights under this Agreement
against you directly in its own name. The LEADTEK
Client and each item of LEADTEK Data are licensed
to you "AS IS." LEADTEK makes no representations
or warranties, express or implied, regarding the
accuracy of any LEADTEK Data from in the LEADTEK
Servers. LEADTEK reserves the right to delete data
from the LEADTEK Servers or to change data
categories for any cause that LEADTEK deems
sufficient. No warranty is made that the LEADTEK
Client or LEADTEK Servers are error-free or that
functioning of LEADTEK Client or LEADTEK Servers
will be uninterrupted. LEADTEK is not obligated to
provide you with any new enhanced or additional
data types or categories that LEADTEK may chose to
provide in the future.
LEADTEK DISCLAIMS ALL WARRANTIES EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
LEADTEK does not warrant the results that will be
obtained by your use of the LEADTEK Client or any
LEADTEK Server. IN NO CASE WILL LEADTEK BE LIABLE
FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR
ANY LOST PROFITS OR LOST REVENUES.
Copyright (c) 2003. Leadtek Research Inc.
All rights reserved.
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