WEBSITE TERMS AND SOFTWARE LICENSE AGREEMENT:
PLEASE READ: BY DOWNLOADING, USING OUR SOFTWARE, OR PURCHASING SERVICES RELATED TO THE SOFTWARE, YOU ACCEPT THE TERMS AND CONDITIONS STATED BELOW IN A LEGALLY BINDING MANNER.
If you are obtaining the software as defined below on behalf of a company, you represent that you are duly authorized to represent the company and accept the terms and conditions of the agreement on behalf of the company. A binding contract is then formed between The Music Transcriber. and the company in accordance with the terms of this agreement. You personally agree not to commit or encourage any violation of our agreement with the company.
If the company you represent or you (collectively "you") do not agree to the terms and conditions of this agreement, do not download or install the software.
PROPRIETARY RIGHTS AND CONDITIONS:
All right, title and interest including, but not limited to, copyright and other intellectual property rights in and to the software (including but not limited to all html, asp, aspx, dll, graphic/image, and text files) are owned by The Music Transcriber. Such rights are protected by United States copyright laws, other applicable copyright laws, and international treaty provisions. The Music Transcriber. retains all rights not expressly granted herein.
You may not redistribute, sell, decompile, reverse engineer, or disassemble the software. The software, including any modified or customized versions, cannot be resold, redistributed, or offered as a service without explicit written permission from The Music Transcriber. The Music Transcriber. reserves the right to refuse permission to use this software product to any individual or company for any reason, and may do so without notice. You may not remove any copyright notices in any of the source code, such as those in asp/asp.net scripts, this includes any references to PageDown Technology, PDshop, pagedowntech.com, and pdshop.com.
Each copy of the software must have it's own (separate) sale and be registered with The Music Transcriber. You are not permitted to make copies of the software without first purchasing the appropriate additional copies. This sale does not grant any reseller privileges.
Software is delivered by email within twelve hours of purchase. Generally, the delivery it immediate to 1 hour. The Music Transcriber is not responsible for spam filters or other filters used by you or your email provider. If your software is not received within 12 hours you should email email@example.com.
DISCLAIMER OF WARRANTIES:
To the extent allowed by local law, this software is provided to you "as is" without warranties or conditions of any kind, whether oral or written, express or implied. The Music Transcriber. specifically disclaims any implied warranties or conditions of merchantability, satisfactory quality, non-infringement and fitness for a particular purpose.
LIMITATION OF LIABILITY:
Except to the extent prohibited by local law, in no event will The Music Transcriber., or it’s employees or officers be liable for direct, special, incidental, consequential or other damages (including lost profit, lost data, or downtime costs), arising out of the use, inability to use, or the results of use of the software, whether based in warranty, contract, tort or other legal theory, and whether or not advised of the possibility of such damages. Your use of the software is entirely at your own risk. Should the software prove defective, you assume the entire cost of all service, repair, or correction.
Software (including but not limited to all html, asp, aspx, graphic/image, and text files) that is not specifically referred to as "trial software", or that includes the "source code", cannot be returned for a refund. Should you experience a problem with any purchased software, The Music Transcriber. offers support services to assist with any technical issues. There are no refunds on installation services or any software that has been installed, downloaded, or emailed to you.
Some software and services purchased from The Music Transcriber may include limited free support (technical support, re-downloads, and free updates may be limited to 1 year from date of original qualifying purchase). Unless stated otherwise, the free support is only available through our website/email. If you require more advanced technical support or require telephone assistance, additional consulting services or a support plan may be required. We reserve the right to change our support policy at anytime. To contact our support dept. for assistance, click on "Contact" and follow the links to email.
You must make every attempt to safeguard your data and other files during installation, when upgrading, or when installing an update. The Music Transcriber. does not assume responsibility for loss of data or any other losses that result from installation, upgrading, or updating of the software. Hard disks (including but not limited to all data or files related to relevant software) should be backed up on a regular basis and should always be backed up before you begin any installation tasks.
The Music Transcriber neither assumes nor accepts any liability for any loss, damage, theft, misuse, malfunction, etc. of your hardware or data or anything else that you may own regardless of the cause or reason for any such misfortune. The Music Transcriber., it’s officers, and employees will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party . These policies, terms, and conditions may be subject to change without notice.
1. This is an agreement between Licensor (The Music Transcriber) and Licensee (you, the purchaser), who is being licensed to use the named Software distributed with this agreement.
2. Licensee acknowledges that this is only a limited nonexclusive license. Licensor is and remains the owner of all titles, rights, and interests in the Software.
3. This License permits Licensee to install the Software on more than one computer system, as long as the Software will not be used on more than one computer system simultaneously. Licensee will not make copies of the Software or allow copies of the Software to be made by others, unless authorized by this License Agreement. Licensee may make copies of the Software for backup purposes only.
4. This Software is subject to a limited warranty. Licensor warrants to Licensee that the physical medium on which this Software is distributed is free from defects in materials and workmanship under normal use, the Software will perform according to its printed documentation, and to the best of Licensor's knowledge Licensee's use of this Software according to the printed documentation is not an infringement of any third party's intellectual property rights. This limited warranty lasts for a period of 5 days after delivery. To the extent permitted by law, THE ABOVE-STATED LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND LICENSOR DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. No agent of Licensor is authorized to make any other warranties or to modify this limited warranty. Any action for breach of this limited warranty must be commenced within one year of the expiration of the warranty. Because some jurisdictions do not allow any limit on the length of an implied warranty, the above limitation may not apply to this Licensee. If the law does not allow disclaimer of implied warranties, then any implied warranty is limited to ____ days after delivery of the Software to Licensee. Licensee has specific legal rights pursuant to this warranty and, depending on Licensee's jurisdiction, may have additional rights.
5. In case of a breach of the Limited Warranty, Licensee's exclusive remedy is as follows: Licensee will return all copies of the Software to Licensor, at Licensee's cost, along with proof of purchase. (Licensee can obtain a step-by-step explanation of this procedure, including a return authorization code, by contacting Licensor at [address and toll free telephone number].) At Licensor's option, Licensor will either send Licensee a replacement copy of the Software, at Licensor's expense, or issue a full refund.
6. Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE'S USE OF THIS SOFTWARE. Licensee's jurisdiction may not allow such a limitation of damages, so this limitation may not apply.
7. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee's business operations.
8. Licensor has the right to terminate this License Agreement and Licensee's right to use this Software upon any material breach by Licensee.
9. Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.
10. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This
License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software.
11. This License Agreement is governed by the law of New York applicable to New York contracts.
12. This License Agreement is valid without Licensor's signature. It becomes effective upon the earlier of Licensee's signature or Licensee's use of the Software.
13) By accepting these terms and contracting The Music Transcriber or purchasing software you make available to The Music Transcriber the right to have your name broadcasted in the Clients section of this website. Your contact information will never be listed, nor ay specifics of your business or purchase.
14) Should you have any questions regarding this Agreement, you may contact The Music Transcriber by email at firstname.lastname@example.org.
15) U.S. Government Restricted Rights. The Licensed Materials are provided with RESTRICTED RIGHTS. The use, duplication, or disclosure by the Government is subject to restrictions as set forth in subdivision (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at 52.227-7013. The contractor/ manufacturer of this Software is Roman Molino Dunn The Music Transcriber 173 Ave C Apt 4A, New York, NY 10009 email@example.com.