Music Processing Suite End-User License Agreement

This End-User License Agreement (EULA) is a legal agreement between you (either as an individual or on behalf of an entity) and David Pace (subsequently called "Licensor") regarding your use of the Application "Music Processing Suite" and associated documentation (the "Software"). By downloading, installing, using, or copying the Software, you accept and agree to be bound by the terms of this EULA.

IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, YOU MAY NOT DOWNLOAD, INSTALL, USE OR COPY THE SOFTWARE.

Licensing of Use

This EULA entitles you to install as many copies of the Software as you want, and use the Software for any lawful purpose consistent with this EULA. This software is licensed, not sold. The Licensor reserves all other rights not granted by this EULA.

Restrictions

When using the Software you must use it in a manner that complies with the applicable laws in the jurisdiction(s) in which you use the Software.
You may not sell, resell, rent, lease or exchange the Software for anything of value.
You may redistribute the software, but it must include this EULA and you may not repackage or bundle the Software with any other software.
You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application.
You may not remove or alter any proprietary notices or marks on the Software.

Open-Source Notices

Certain components of the Software may be subject to open-source software licenses ("Open-Source Components"), which means any software license approved as open-source licenses by the Open Source Initiative or any substantially similar licenses, including without limitation any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format.

The individual Software components contain text and/or HTML files specifying which license applies for the respective component.

To the extent there is conflict between the license terms covering the Open-Source Components and this EULA, the terms of such licenses will apply in lieu of the terms of this EULA. To the extent the terms of the licenses applicable to Open-Source Components prohibit any of the restrictions in this Agreement with respect to such Open-Source Component, such restrictions will not apply to such Open-Source Component.

To the extent the terms of the licenses applicable to Open-Source Components require Licensor to make an offer to provide source code in connection with the Product, such offer is hereby made, and you may exercise it by contacting info@musicprocessing.net.

Intellectual Property Notices

The Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of the Licensor. The Licensor reserves all rights in and to the Software not expressly granted to you in this EULA. You acknowledge that the Software (except for Open-Source Components) is proprietary to the Licensor and is protected by intellectual property laws, copyright laws and international treaties. You further acknowledge and agree that, as between you and the Licensor, the Licensor and its third party licensors own and shall continue to own all right, title, interest in and to the Software, including associated intellectual property rights under copyright, trade secret, patent or trademark laws. Except for the limited, revocable license expressly granted to you herein, this agreement does not grant you any ownership or other right or interest in or to the Software or any other intellectual property rights of the Licensor, whether by implication, estoppel, or otherwise.

Disclaimers and Limitations on Liability

THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK.

The Licensor does not warrant that

the Software will meet your specific requirements;
the Software is fully compatible with any particular platform;
your use of the Software will be uninterrupted, timely, secure, or error-free;
the results that may be obtained from the use of the Software will be accurate or reliable;
the quality of any products, services, information, or other material purchased or obtained by you through the Software will meet your expectations; or
any errors in the Software will be corrected.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATED TO THE SOFTWARE, including, for example:

the use or the inability to use the Software;
the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Software;
unauthorized access to or alteration of your transmissions or data;
statements or conduct of any third-party on the Software;
or any other matter relating to the Software.

The Licensor reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Software (or any part thereof) with or without notice. The Licensor shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Software.

Miscellanea

The failure of the Licensor to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision.
This EULA constitutes the entire agreement between you and the Licensor and governs your use of the Software "Music Processing Suite", superseding any prior agreements between you and the Licensor regarding this Software (including, but not limited to, any prior versions of the EULA).
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: (i) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or (ii) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
You agree that this EULA and your use of the Software are governed under German law and any dispute related to the Software must be brought in a tribunal of competent jurisdiction located in or near Karlsruhe, Germany.

Contact Information

Please send any questions about this EULA to info@musicprocessing.net.