End-User License Agreement
The object of this agreement are the Stashimi software products, each comprising a selection of components, that varies with different products, as well as standalone applications, plug-ins, feature enhancements and programs (the “Software”).
Licensor: Stashimi, Inc. (“Stashimi”)
THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE “END USER”, AND STASHIMI INC., 330 N. BRAND BLVD., GLENDALE, CA 91203, UNITED STATES OF AMERICA.
CONCLUSION OF THE CONTRACT
BY INSTALLING OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY MEANS OF CLICKING THE “ACCEPT” OR “CONTINUE” BUTTON DURING THE INSTALLATION OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, REFRAIN FROM INSTALLING THE SOFTWARE OR PROMPTLY UNINSTALL AND DELETE THE SOFTWARE AND ALL THE ACCOMPANYING ITEMS. IF THE TERMS OF THIS AGREEMENT COMPRISE AN OFFER BY STASHIMI, THEN YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THE TERMS CONTAINED OR REFERENCED HEREIN.
The terms of your license agreement (“Agreement”) for the Software described above depend on whether you obtained the Software by:
(a) Purchase from Stashimi or a Stashimi distributor; or
(b) Downloading a free or trial version of the Software.
which can be distinguished as follows:
If the Software or the description of the Software upon download has only Stashimi’s label on it you have acquired a copy of the Software from either Stashimi or a Stashimi distributor.
If the Software itself is labeled “TRIAL”,”DEMO”,“FREE”, “FREEMIUM” ,“LITE” or similar terms and was downloaded free of charge via Stashimi’s official website www.BestMusicRecorder.com or similar offerings by Stashimi you have obtained a free or trial version of the Software.
CERTAIN TERMS MAY ALSO VARY DEPENDING ON
(c) THE AREA YOU USUALLY RESIDE AND OBTAINED THE SOFTWARE IN
YOU MAY ALSO HAVE CONCLUDED ANOTHER AGREEMENT DIRECTLY WITH Stashimi THAT SUPPLEMENTS OR SUPERSEDES ALL OR PORTIONS OF THIS AGREEMENT.
NOTWITHSTANDING THE FOREGOING, ACCESS TO AND/OR USE OF CERTAIN FEATURES AND/OR SERVICES PROVIDED BY OR ACCESSED VIA THE SOFTWARE MAY BE SUBJECT TO AND REQUIRE ACCEPTANCE OF ADDITIONAL TERMS.
A. LICENSE TERMS AND CONDITIONS APPLICABLE TO SOFTWARE ACQUIRED FROM Stashimi or a Stashimi distributor
I. Grant of license
This Agreement permits you to use one copy of the Software acquired with this license on any single computer (“License”) during the term of such license (“License Term”), provided the Software is in use on only one computer at any given time. If you have acquired a multiple license for the Software, then at any one time you may have in use up to as many copies of the Software as you have licenses. The Software is “in use” on a computer when it is loaded into the temporary memory or installed into the permanent memory (e.g. hard disk, CD ROM, or other storage device) of that computer. If the anticipated number of users of the Software might exceed the authorized number of applicable licenses, then you must have a reasonable mechanism or process in place to assure that the number of concurrent uses of the Software does not exceed the number of licenses.
The Software is owned by Stashimi or its licensors and is protected by copyright laws, international treaty provisions, and other national laws. You agree that you have no right, title or interest in the Software, except as set forth in Subsection I. If the Software is not copy protected 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.
Product manual(s) or written materials accompanying the Software may not be copied.
III. Other restrictions
You may not rent or lease the Software, but you may permanently transfer your rights under this Agreement provided that:
(a) you transfer all copies of the Software and all written materials;
(b) the recipient agrees to be bound by the terms of this Agreement; and
(c) you remove any and all copies of the Software from your computer and cease any further use of the Software.
Any transfer must include the most recent update and all prior versions. You may not copy the Software except as expressly set forth above. You may not reverse engineer, decompile or disassemble the Software unless this right is specifically granted to you by applicable law to decompile only to achieve interoperability with other Software. You are not allowed to post or otherwise make the Software available on the World Wide Web.
Updates and Upgrades: You will have the opportunity to maintain the Software by means of Updates and Upgrades. An “Update” is a new release of the existing Software and is provided to you free of charge by Stashimi. An “Upgrade” is a major functional enhancement to the Software that you can purchase via the Stashimi website (www.BestMusicRecorder.com). Should you decide to install an Update, the provisions of this Agreement will apply to such Update. Should you purchase an Upgrade, your rights to install and use the Software will be limited to either the originally purchased version of the Software or the Upgrade, but not both, in accordance with the provisions of this Agreement. For the avoidance of doubt, this Agreement permits you to install and use only one version (either the original version or the Upgrade) of the Software at any one time and you agree not to use, transfer or permit any third party to use the version that you have not installed.
THE LIMITED WARRANTY SET FORTH IN THIS SECTION PROVIDES YOU WITH SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS BY LAW WHICH VARY FROM JURISDICTION TO JURISDICTION. Stashimi DOES EXPLICITLY NOT INTEND TO LIMIT YOUR WARRANTY RIGHTS TO AN EXTENT NOT PERMITTED BY LAW. PLEASE SEE SECTION C. “LICENSE TERMS AND CONDITIONS APPLICABLE TO CERTAIN JURISDICTIONS” FOR PROVISIONS THAT APPLY TO SPECIFIC JURISDICTIONS.
Stashimi MAKES NO WARRANTIES TO YOU IN CONNECTION WITH THIS LICENSE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
V. Liability for consequential damages
YOU MAY HAVE ADDITIONAL RIGHTS BY LAW WHICH VARY FROM JURISDICTION TO JURISDICTION. Stashimi DOES EXPLICITLY NOT INTEND TO LIMIT YOUR LIABILITY RIGHTS TO AN EXTENT NOT PERMITTED BY LAW. PLEASE SEE SECTION C. “LICENSE TERMS AND CONDITIONS APPLICABLE TO CERTAIN JURISDICTIONS” FOR PROVISIONS THAT APPLY TO SPECIFIC JURISDICTIONS.
IN NO EVENT SHALL Stashimi OR ITS LICENSORS BE LIABLE FOR ANY OTHER 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 OF OR INABILITY TO USE THE SOFTWARE, EVEN IF Stashimi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE REQUIRED TO TAKE REASONABLE MEASURES TO AVOID, DAMAGES, ESPECIALLY TO MAKE BACKUP COPIES OF THE SOFTWARE AND ANY VALUABLE DATA STORED ON YOUR PC.
VI. Reservation of proprietary rights
All proprietary rights on delivered Software are reserved to Stashimi unless all claims against the End User are paid off. If reservation of proprietary rights is performed by Stashimi, the End User is no longer entitled to use the Software furthermore. All copies made of Stashimi´s Software have to be deleted completely by the End User.
VII. Duration of the agreement AND License Term
Unless otherwise defined in the Agreement, the respective Documentation or at the time of purchase, the Agreement shall be concluded for an undefined period of time and the License Term shall be indefinite. The License Term may vary between portions of the software. Upon expiration of the License Term or termination of the Agreement, portions or all of the Software may, without prior notice, no longer be accessible by the End User.
By violating the provisions about copyright and other restrictions according to sections II. and III., the End User is no longer entitled to use Stashimi´s Software and its accompanying items. In this case End User is obligated to rerase completely and ultimately all data from End User´s computer established by means of Stashimi´s Software. The observance of this agreement is conditional for the legal use of the Software and its accompanying items. In case of violation of any obligation stipulated in this agreement by the End User, Stashimi is entitled to terminate this agreement extraordinarily and immediately.
VIII. Safeguard measures
End User will keep the Software in safe custody and will indicate his members of household to follow the obligations stipulated in this agreement. End User will follow all relevant legal provisions, especially the laws on intellectual property and copyright.
THE SOFTWARE IS DESIGNED TO ASSIST YOU IN ACTIVITIES REQUIRING THAT YOU OWN THE COPYRIGHT, HAVE OBTAINED PERMISSION TO PERFORM SUCH ACTION FROM THE COPYRIGHT OWNER OR ARE OTHERWISE ELIGIBLE TO PERFOM SUCH ACTIVITIES UNDER APPLICABLE LAW . UNLESS YOU OWN THE COPYRIGHT, HAVE OBTAINED PERMISSION TO PERFORM SUCH ACTION FROM THE COPYRIGHT OWNER OR ARE OTHERWISE ELIGIBLE TO PERFOM SUCH ACTIVITIES UNDER APPLICABLE LAW, YOU MAY BE VIOLATING COPYRIGHT LAW AND BE SUBJECT TO PAYMENT OF DAMAGES AND OTHER REMEDIES. IF YOU ARE UNCERTAIN ABOUT YOUR RIGHTS, YOU SHOULD CONTACT YOUR LEGAL ADVISOR. YOU ASSUME FULL RESPONSIBILITY FOR THE LEGAL AND RESPONSIBLE USE OF THE SOFTWARE.
X. U.S. Government Restricted Rights
Any use of the Stashimi Software by the U.S. Government is conditioned upon the Government agreeing that the Software is subject to Restricted Rights as provided under the provisions set forth in subdivision (c)(1)(ii) of Clause 252.227-7013 of the Defense Federal Acquisition Regulations Supplement, or the similar acquisition regulations of other applicable U.S. Government organizations. Manufacturer is Stashimi Inc., 330 N. Brand Blvd., Glendale, CA 91203, United States Of America
XI. Third Party Services
Stashimi has integrated a functionality into some of the Stashimi software applications which supports services offered by a third party. Stashimi, its affiliated companies and service providers do not provide any guarantee for the uninterrupted service of this function. Stashimi reserves the right to change the functionality or to cease the support or the integration of this function in the software at any time without further notice. You hereby confirm that Stashimi and its affiliated companies do not assume any accountability for delays, errors, or failures which concern this function or which arise as a result of using the function.
XII. Governing Law
If any dispute shall arise pursuant to any provision of this Agreement, the plaintiff must choose place of performance or residence of the defendant as place of jurisdiction. If any term or provision of this Agreement shall be declared invalid in arbitration or by a court of competent jurisdiction, such invalidity shall be limited solely to the specific term or provision invalidated, and the remainder of this Agreement shall remain in full force and effect, according to its terms.
Any provision declared invalid shall be modified to the legal provisions.
B. LICENSE TERS AND CONDITIONS APPLICABLE TO DOWNLOADED FREE SOFTWARE PRODUCTS AND/OR TRIAL (DEMO) VERSIONS
The license terms and conditions applicable to downloaded free Software products and/or trial (demo) Versions are exactly the same as set forth in Section A above, except that Subsection I (Grant of license) and Subsection IV (Warranties) and Subsection V (Liability for consequential damages) shall read as follows and Subsections XIII (Commercial use) and XIV (Distribution of free versions) shall be added:
I. Grant of license
This Agreement permits you to use one copy of the Software acquired with this license on any single computer during the term of such license (“License Term”), provided the Software is in use on only one computer at any given time. For the avoidance of doubt, downloading multiple Copies of the Software does not imply an extension of the license beyond usage on one single computer.
The Software is “in use” on a computer when it is loaded into the temporary memory or installed into the permanent memory (e.g. hard disk, CD ROM, or other storage device) of that computer. If the anticipated number of users of the Software might exceed the authorized number of licenses, then you must have a reasonable mechanism or process in place to assure that the number of concurrent uses of the Software does not exceed the number of licenses. UNDER NO CONDITIONS MAY A FREE DOWNLOAD BE DISTRIBUTED WITHOUT THE PRIOR WRITTEN PERMISSION OF Stashimi.
(a) The user is aware that it is not possible to create software programs with zero defects.
(b) Stashimi MAKES NO WARRANTIES TO YOU IN CONNECTION WITH THIS FREE/TRIAL LICENSE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EXCEPT THOSE WARRANTIES INDISPENSABLE BY LAW.
III. Liability for consequential damages
Stashimi is not liable for damages due to lack of property, especially for violating third party copyrights. Stashimi does not accept liability for any offences against this agreement caused by negligence, except from offences that caused physical injury.
IV. Commercial use
Free and trial (demo) versions of the Software are offered solely for personal, non-commercial use. Any distribution, purchase, sale delivery or utilization in combination with any product or service to a third party or other commercial or business purposes is expressly prohibited unless such right is specifically explicitly granted by Stashimi in writing.
This license does not grant you the right to sublicense or distribute the Software in any form if not expressly granted by Stashimi in writing.
C. LICENSE TERMS AND CONDITIONS APPLICABLE TO CERTAIN JURISDICTIONS
THIS SECTION SETS FORTH SPECIFIC PROVISIONS APPLICABLE TO CERTAIN JURISDICTIONS.
IF ANY PROVISION IN THIS SECTION IS IN CONFLICT WITH ANY OTHER TERM OR CONDITION IN THIS AGREEMENT, THE REGULATIONS AS SET FORTH IN THIS SECTION SHALL APPLY.
I. Provisions applicable in the European Union
If you are a consumer residing in a country that is part of the European Union (EU) and obtained the Software in such country, the license terms and conditions applicable to your jurisdiction are exactly the same as set forth in the applicable Section A or B above, except that Section Warranties shall read as follows:
(a) Defects in the Software supplied including the manuals and other documentation shall be corrected by Stashimi within the warranty period of two years from delivery following appropriate notification by the user. This shall take the form of rectification of defects or replacement delivery at the user’s choice.
(b) Should Stashimi not be prepared or able to effect this rectification or replacement delivery, or should this take longer than a suitable deadline set by the user or fail for other reasons, the user shall be entitled to withdraw from the Contract or to demand that the sale be canceled or the purchased price reduced. Failure to rectify the defects or effect replacement delivery shall only be assumed if Stashimi has been afforded ample opportunity to effect the rectification or replacement delivery without the desired success being achieved, if the rectification or replacement delivery is not possible or if it is refused or unacceptably delayed by Stashimi, or if the rectification of defects has already been performed unsuccessfully twice. The right of the user to demand compensation under § 437 of the German Civil Code remains unaffected.
(c) The user is aware that it is not possible to create software programs with zero defects. Stashimi shall only warrant against software defects that significantly reduce the Software’s value or suitability for use as stipulated in the contract.
(d) It is the responsibility of the user to determine the destination for use of the software and to select the suitable hardware/computer types. Stashimi shall not be liable for this.
(e) Unless otherwise specified in section “Liability for consequential damages”, Stashimi shall only be liable for damage to the Software supplied itself; in particular Stashimi shall accept no liability for loss of data or other indirect losses.
If failure of the Software is the result of accident, abuse, or misapplication, this warranty shall be void. Any replacement Software will be warranted for the remainder of the original warranty. Stashimi MAKES NO WARRANTIES TO YOU IN CONNECTION WITH IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
III. Provisions applicable in Germany and Austria
If you are a consumer residing in either Germany or Austria and obtained the Software in such country, the license terms and conditions applicable to your jurisdiction are exactly the same as set forth in the applicable Section A. or B. above, except that Sections Liability for consequential damages and Section Governing Law shall read as follows:
I. Liability for consequential damages
Stashimi will only be liable up to the amount of damages as typically foreseeable at the time of entering into the agreement in respect of damages caused by a slightly negligent breach of a material contractual obligation and will not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation while any of the above limitations will not apply to any statutory liability such as liability under the German Product Liability Act (“Produkthaftungsgesetz”) or liability for culpably caused personal injuries.
II. GoVerning Law
If any dispute shall arise pursuant to any provision of this Agreement, the plaintiff must choose place of performance or residence of the defendant as place of jurisdiction if he is not a consumer pursuant to §13 German Civil Code. If any term or provision of this Agreement shall be declared invalid in arbitration or by a court of competent jurisdiction, such invalidity shall be limited solely to the specific term or provision invalidated, and the remainder of this Agreement shall remain in full force and effect, according to its terms.
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