END-USER LICENSE AGREEMENT FOR
SONGTIP
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF
THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PURCHASE, DOWNLOAD,
OR PROGRAM INSTALL: MY SMART HOME, INC.’S End-User License
Agreement ("EULA") is a legal agreement between you (either
an individual or a single entity) and MY SMART HOME, INC for the MY
SMART HOME, INC software product(s) identified above which may
include associated software components, media, printed materials, and
"online" or electronic documentation ("SOFTWARE
PRODUCT"). By installing, copying, or otherwise using the
SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA.
This license agreement represents the entire agreement concerning the
program between you and MY SMART HOME, INC., (referred to as
"licenser"), and it supersedes any prior proposal,
representation, or understanding between the parties. If you do not
agree to the terms of this EULA, do not purchase, install, or use the
SOFTWARE PRODUCT.
The SOFTWARE
PRODUCT is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties.
The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF
LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
(a)
Installation and Use.
MY SMART HOME, INC. grants you the right
to install and use copies of the SOFTWARE PRODUCT on your computer
running a validly licensed copy of the operating system for which the
SOFTWARE PRODUCT was designed [e.g., Mac, Linux, Windows XP, Windows
Vista, and Embedded Systems].
(b) Backup Copies.
You may
also make copies of the SOFTWARE PRODUCT as may be necessary for
backup and archival purposes.
2.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a)
Maintenance of Copyright Notices.
You must not remove or alter
any copyright notices on any and all copies of the SOFTWARE
PRODUCT.
(b) Distribution.
You may not distribute
registered copies of the SOFTWARE PRODUCT to third parties.
Evaluation versions available for download from MY SMART HOME, INC.’s
websites may be freely distributed.
(c) Prohibition on Reverse
Engineering, Decompilation, and Disassembly.
You may not
reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT,
except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation.
(d)
Rental.
You may not rent, lease, or lend the SOFTWARE
PRODUCT.
(e) Support Services.
MY SMART HOME, INC. may
provide you with support services related to the SOFTWARE PRODUCT
("Support Services"). Any supplemental software code
provided to you as part of the Support Services shall be considered
part of the SOFTWARE PRODUCT and subject to the terms and conditions
of this EULA.
(f) Compliance with Applicable Laws.
You
must comply with all applicable laws regarding use of the SOFTWARE
PRODUCT.
3.
TERMINATION
Without prejudice to any other rights, MY SMART
HOME, INC. may terminate this EULA if you fail to comply with the
terms and conditions of this EULA. In such event, you must destroy
all copies of the SOFTWARE PRODUCT in your possession.
4.
COPYRIGHT
All title, including but not limited to copyrights,
in and to the SOFTWARE PRODUCT and any copies thereof are owned by MY
SMART HOME, INC. 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 EULA grants you no
rights to use such content. All rights not expressly granted are
reserved by MY SMART HOME, INC.
5. NO
WARRANTIES
MY SMART HOME, INC. expressly disclaims any
warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided
‘As Is’ without any express or implied warranty of any kind,
including but not limited to any warranties of merchantability,
noninfringement, or fitness of a particular purpose. MY SMART HOME,
INC. does not warrant or assume responsibility for the accuracy or
completeness of any information, text, graphics, links or other items
contained within the SOFTWARE PRODUCT. MY SMART HOME, INC. makes no
warranties respecting any harm that may be caused by the transmission
of a computer virus, worm, time bomb, logic bomb, or other such
computer program. MY SMART HOME, INC. further expressly disclaims any
warranty or representation to Authorized Users or to any third party.
6. LIMITATION
OF LIABILITY
In no event shall MY SMART HOME, INC. be liable
for any damages (including, without limitation, lost profits,
business interruption, or lost information) rising out of ‘Authorized
Users' use of or inability to use the SOFTWARE PRODUCT, even if MY
SMART HOME, INC. has been advised of the possibility of such damages.
In no event will MY SMART HOME, INC. be liable for loss of data or
for indirect, special, incidental, consequential (including lost
profit), or other damages based in contract, tort or otherwise. MY
SMART HOME, INC. shall have no liability with respect to the content
of the SOFTWARE PRODUCT or any part thereof, including but not
limited to errors or omissions contained therein, libel,
infringements of rights of publicity, privacy, trademark rights,
business interruption, personal injury, loss of privacy, moral rights
or the disclosure of confidential information.
The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
- Legal Notice
- All notices from SongTip to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to SongTip shall be made by our contact form or e-mail to the address we provide on our Web site:
http://www.SongTip.com
- Copyright
- All content appearing on this Web site is the property of:
SongTip
http://www.SongTip.com
Copyright © 2007-2008 SongTip. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2007-2008 SongTip. All rights reserved.
- Trademarks
- SongTip is a trademark of My Smart Home, Inc. All other brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by SongTip. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of SongTip or any third party, except as expressly granted herein.
- Use Of Site
- This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. SongTip and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if SongTip believes that customer conduct violates applicable law or is harmful to the interests of SongTip and its subsidiaries.
- Privacy Policy
- SongTip use of personal information that you may submit to SongTip through this Web site is governed by the SongTip Privacy Policy .