NoteAbility Pro Licensing Agreement

1. License

The application, demonstration and other software accompanying this License, whether on disk, in read only memory, or on any other media (the "NoteAbilityPro Software") and the related documentation are licensed to you by Opus 1 Music Incorporated. You own the disks on which the NoteAbilityPro software and documentation is recorded, but Opus 1 Music Inc. retains title to the NoteAbilityPro software and related documentation. This License allows you to use the NoteAbilityPro Software on a single computer and make one copy of the NoteAbilityPro Software in machine- readable form for backup purposes only. You must reproduce on such copy the NoteAbilityPro copyright notice and any other proprietary legends that were on the original NoteAbilityPro disks. You may use the NoteAbilityPro Software in a networked environment so long as each computer in such environment is the subject of a license for the NoteAbilityPro Software; however, you may not electronically transmit the NoteAbilityPro Software from one computer to another over a network. You may also transfer all your license rights in the NoteAbilityPro Software and documentation, the backup copy of the NoteAbilityPro Software and a copy of this license to another party, provided the other party reads and agrees to accept the terms and conditions of this License.

2. Restrictions

The NoteAbilityPro Software contains copyrighted material and other proprietary material and in order to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce the NoteAbilityPro Software to a human-perceivable form. You may not modify, network, rent, lease, loan, distribute or create derivative works based upon the NoteAbilityPro Software in whole or in part, except for the limited networking described above in Section 1.

3. Termination

This License is effective until terminated. You may terminate this License at any time by destroying the NoteAbilityPro Software and related documentation and all copies thereof. This License will terminate immediately without notice from Opus 1 Music Inc. if you fail to comply with any provision of this License. Upon termination you must destroy the NoteAbilityPro Software and related documentation and all copies thereof.

4. Upgrade Policy

Opus 1 Music Inc. may create from time to time, updated version of the NoteAbilityPro Software. At its option, Opus 1 Music Inc. will make such upgrades available to the Licensee.

5. Miscellaneous

This agreement is governed by the laws of the Province of British Columbia, Canada.

6. Disclaimer Of Warranty and Limited Warranty

The NoteAbilityPro Software and accompanying documentation are provided "as is" without warranty of any kind. Further, Opus 1 Music Inc. does not warrant, guarantee or make any representations regarding the use or the results of the use, of the software or documentation in terms of correctness, accuracy, reliability, currentness or otherwise. The entire risk as to the results and performance of the software is assumed by you. If the NoteAbilityPro Software or documentation are defective you, and not Opus 1 Music Inc. or its dealers, distributors, agents or employees, assume the entire cost of all necessary servicing, repair or correction.

Opus 1 Music Inc. warrants to the original Licensee that the disks on which the NoteAbilityPro Software is recorded are free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of delivery as evidenced by a copy of the receipt. Further, Opus 1 Music Inc. hereby limits the duration of any implied warranty on the disks to the period stated above. Some states do no not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

Opus 1 Music's entire liability and your exclusive remedy as to the disks shall be replacement of the disk that does not meet Opus 1 Music's limited warranty and which is returned to Opus 1 Music Inc. with a copy of the receipt or warranty. If the failure of the disk has resulted from accident, abuse or misapplication, Opus 1 Music Inc. shall have no responsibility to replace the disks or refund the purchase price. Any replacement disks will be warranted for the remainder of the warranty period of thirty (30) days, whichever is longer.

See also

© Keith A. Hamel 1998-2005 - All Rights Reserved