This page provides the EULA for Pdplayer.
Page Contents
IMPORTANT – READ CAREFULLY: By downloading and installing this software you accept all the terms and conditions of this agreement!
This End User Software Licensing Agreement is a legal agreement between you (either an individual or a single entity, hereinafter referred to as “THE USER”) and CHAOS SOFTWARE LTD., hereinafter referred to as “THE COMPANY”.
I. SCOPE
Article 1
1.1. THE COMPANY transfers, and THE USER accepts certain rights over the following software product: PDPLAYER sequence player, hereinafter referred to as “THE PRODUCT”.
1.2. THE COMPANY transfers, and THE USER receives the following rights over the above mentioned product:
a) to load the program, to view it on a computer screen, to execute it, to transmit it to a distance, to keep it on a computer storage device;
b) to create a back-up copy of the program, if that is needed for the specific use that the program has been acquired for.
c) to benefit materially from using the program in the authorized manner, including the sale of purchased licensed copies to third persons. THE USER shall only be entitled to sell a licensed copy to a third person if THE USER previously informs THE COMPANY about the sale and provides THE COMPANY with details identifying the purchaser (for individuals – name, current address, e-mail, and for corporations – company name, place of business, authorized representative) so that THE COMPANY can update its records.
1.3. By this Agreement THE COMPANY transfers to THE USER the rights referred to in paragraph 1.2 for 1 (one) licensed copy of THE PRODUCT.
1.4. A licensed copy constitutes of all computer files provided to THE USER by THE COMPANY (including but not limited to installation files, binary executable files, library files, configuration files and documentation files).
1.5. THE USER is entitled to using THE PRODUCT only on one computer per purchased license of THE PRODUCT at any time. Additional technical requirements and/or restrictions as regards THE USER’s computer or other eligible machine and/or the PRODUCT capabilities while used on the specific machine of THE USER in a specific software environment, may be provided for by THE COMPANY in a PRODUCT user guide or elsewhere in the PRODUCT support documentation.
1.6. By this Agreement no rights over the trademarks of THE COMPANY, or other rights not specified herein, respectively, are being transferred to THE USER.
II. RIGHTS AND OBLIGATIONS OF THE COMPANY
Article 2
2.1. THE COMPANY shall have to furnish THE USER via electronic way through the internet with the amount, specified herein, of licensed copies of the product whose rights are being transferred by this agreement.
2.2. THE COMPANY shall have to fulfill conscientiously its obligations hereunder;
2.3. THE COMPANY shall have to keep confidential any of THE USER’s trade secrets, as well as any other information or data THE COMPANY may become aware of during or in relation with the execution of this Agreement;
2.4. THE COMPANY shall keep the right to make any changes, improvements and corrections it deems necessary of the product hereunder, as long as such change, improvement or correction does not affect the product’s main function;
2.5. THE COMPANY shall not be responsible for any problems that may appear during or because of the use of the PRODUCT
2.6. THE COMPANY shall not be liable in case THE USER is not able to use any or all of the PRODUCT’s
features due to a force majeure (including, but not limited to short-circuits, power outages, internet network malfunctions, administrative limitations and others). No liability for consequential damages – to the maximum extent permitted by applicable law, THE COMPANY and its suppliers shall not 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 this PRODUCT, even if THE COMPANY has been advised of the possibility of such damages
2.7. THE COMPANY's entire liability shall be limited to damages of an amount equal to the amount of the initial purchase price originally paid by THE USER for THE PRODUCT. The entire liability of THE COMPANY and THE USER's exclusive remedy will be to attempt to correct or work around errors, to replace THE PRODUCT or to refund the purchase price and terminate this Agreement.
III. RIGHTS AND OBLIGATIONS OF THE USER
Article 3
3.1. THE USER shall not:
a) Reproduce the product, except for a back-up copy;
b) Use THE PRODUCT to develop a new software product with the same main function;
c) Give the product away in any way (lease, donation, exchange or other) to any third persons, except for selling it under the Article 1.2.c of this Agreement;
d) Make any translation, adaptation, arrangement and any other alteration of THE PRODUCT or make any reproduction, distribution, communication, display or performance to the public of the results of such acts;
e) Adapt or reverse compile or engineer the whole or any part of THE PRODUCT;
f) Remove or alter any copyright or other proprietary notice from THE PRODUCT;
g) Not by itself or with others participate in any illegal, deceptive, misleading or unethical practices including, but not limited to, disparagement of THE PRODUCT or THE COMPANY or other practices which may be detrimental to THE PRODUCT or THE COMPANY;
3.2. THE USER shall notify THE COMPANY immediately if THE USER becomes aware of any unauthorized use of the whole or any part of THE PRODUCT by any third party.
3.3. THE USER shall be entitled to the rights specified in Article 1.2 of this agreement.
Article 4
4.1. THE USER shall be obligated to provide THE COMPANY with any information needed for the accurate completion of the agreement’s object.
4.2. THE USER shall be obligated to keep confidential any of THE COMPANY’s trade secrets, as well as any other information he/she may become aware of during or in relation with the execution of this Agreement.
IV. PRODUCT AUTHORIZATION
Article 5
THE PRODUCT may include protection schemes to prevent usage of unlicensed copies of THE PRODUCT.
5.1. The PRODUCT may be protected through schemes or devices to control access and permit only the number of licenses acquired to be in use at one time and to prevent usage of unlicensed copies of the PRODUCT. Protection mechanisms may include, but not limited to, a hardware lock (DONGLE), online License Server, and/or a software license authorization key, as may be instructed by THE COMPANY in a PRODUCT user guide or elsewhere in the PRODUCT support documentation. Where the PRODUCT is authorized by a compatible license server (an ancillary license administration software used by the above described rendering software to prevent usage of unlicensed versions or copies of such rendering software, hereinafter referred to as “License Server”). The terms and conditions for the License Server shall be arranged in a separate agreement.
5.2. In such a case, THE USER must request the protection scheme or device from THE COMPANY. In order to properly generate it, THE COMPANY might need to obtain certain information about THE USER's computer system through a product license request code. THE COMPANY understands that this information may be sensitive and shall consider it as confidential. THE COMPANY guarantees that this information will be used only internally and in order to prevent illegal use of THE PRODUCT. THE COMPANY also guarantees that it will use its best commercially reasonable efforts to protect this information except in cases where this information might be required by applicable law.
5.3. LICENSEE may not take any steps to avoid or defeat the purpose of any protection mechanism or to install or use the PRODUCT in a manner that circumvents or interferes with the operation of the protection mechanisms.
V. DURATION AND TERMINATION
Article 6
6.1. This Agreement is effective until terminated.
6.2. THE USER may terminate this Agreement at any time by destroying THE PRODUCT, related documentation and all copies thereof.
6.3. This Agreement will terminate immediately without notice from THE COMPANY if THE USER fails to comply with any provision of this agreement.
6.4. Upon termination THE USER must destroy THE PRODUCT and related documentation and all copies thereof.
VI. OTHER PROVISIONS
Article 7
Any dispute about the existence and the validity of this Agreement, or in relation with the Agreement or with a breach of it, including any dispute and discrepancy about the effect, interpretation, termination, performance or failure to execute it, shall be settled by negotiations. In the event no solution is achieved, the dispute shall be taken to the Arbitration Court of Zurich. The arbitration language shall be English, and the applicable legislation shall be the Bulgarian legislation.
Article 8
In the event any of the terms of this Agreement is declared void because it conflicts with the applicable law, the rest of the terms and the agreements as a whole shall remain in full effect. Such invalid term shall be superseded by the legal provisions.
Article 9
The parties hereto shall be obligated not to disclose to any third party any part of the information exchanged in the negotiations held between them during or in relation with the execution of the agreement.
Article 10
Any amendment or modification of this agreement shall only be made by an additional agreement made in writing between the parties (annex) and signed by both of them.