Duchess Easy Sheet Music Library (Solo) 1.0.8.1


EULA - End User License Agreement



Community Resource Associates/Midnight Sun Computing
5136 Butler Street
Pittsburgh, PA 15201
www.midnightsuncomputing.com

END USER LICENSE AGREEMENT

THIS END USER LICENSE AGREEMENT ("License Agreement") IS A LEGAL
LICENSE AGREEMENT BETWEEN YOU (EITHER ON BEHALF OF YOURSELF AS AN
INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE)
AND Community Resource Associates/Midnight Sun Computing ("CRA/MSC").
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY AND PRINT OUT A COPY FOR
YOUR RECORDS. THIS LICENSE AGREEMENT SUPERSEDES PREVIOUS VERSIONS.
BY CHECKING THE LICENSE AGREEMENT CHECKBOX BELOW AND DOWNLOADING,
INSTALLING, COPYING OR OTHERWISE USING CRA/MSC’s SOFTWARE YOU AGREE TO
BE BOUND BY ALL OF THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT
AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE "CANCEL"
BUTTON AND/OR DO NOT DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THE
SOFTWARE.

1. SOFTWARE: The term "Software" in this License Agreement refers to
the CRA/MSC software which you have downloaded. The term "Software"
also shall include any upgrades, modified versions or updates of the
Software made available to you by CRA/MSC. The Software is deemed
accepted by you upon download of the Software.

2. GRANT OF LICENSE: Subject to the terms of this License Agreement,
CRA/MSC hereby grants you a perpetual, non-exclusive, non-transferable
license to: (i) install the Software, (ii) use the Software for your
internal use, and (iii) copy the Software for back-up or archival
purposes. Notwithstanding the foregoing, you acknowledge and agree
that, depending on the version (trial or fully licensed) of Software
you select to download, certain restrictions may apply to your use of
the Software and certain features of the Software ("Special Features")
may be unavailable to you or available subject to certain limitations,
as follows:

2.1 TRIAL VERSIONS: If you select to download a free trial
version of the Software, you will be able to access the
Special Features of the Software only for a limited trial
period (the "Trial Period"). Unless you pay the applicable
one-time license fee for the Software and install a license
key (as described in Section 4 ("License Keys")), the Special
Features of the Software will become inoperable and
automatically expire at the end of your Trial Period. In the
event that you pay the applicable license fee for the
Software, your ability to access the Special Features of the
Software on the number of computers for which you have paid
the applicable license fee will continue perpetually, subject
to the terms of this License Agreement.

2.2 FULLY LICENSED VERSIONS: If you select to download a fully
licensed version of the Software and pay the applicable
license fee, your ability to access the Special Features of
the Software on the number of computers for which you have
paid the applicable license fee will continue perpetually,
subject to the terms of this License Agreement.

3. LICENSE RESTRICTIONS: You acknowledge that the foregoing license
extends only to your use of the features and functionality of the
Software as described in the online documentation accompanying the
version of the Software downloaded by you (the "Documentation"), and
you agree not to reconfigure or modify the Software in order to enable
features or functionality different than those described in such
Documentation or available in other CRA/MSC products without notifying
CRA/MSC and paying the applicable Software upgrade fee. You may not:
(i) reverse engineer, decompile, or disassemble the Software; (ii)
modify, or create derivative works based upon, the Software in whole
or in part; (iii) distribute copies of the Software; (iv) remove any
proprietary notices or labels on the Software; or (v) resell, lease,
rent, transfer, sublicense, or otherwise transfer rights to the
Software. Any use in violation of this Section shall immediately
terminate your license to the Software.

4. LICENSE KEYS: You acknowledge that the Software contains a license
key. If you select to download a trial or fully licensed version of
the Software, and choose to pay the applicable license fee for the
Software, CRA/MSC will provide you an initial license key for
installation with the Software which will enable you to (i) use the
Software (including Special Features) during the term of your
license. You agree not to purchase any license keys or similar
computer code for the Software from any source other than CRA/MSC or
CRA/MSC’s authorized partners. You agree not to use any software to
create any license key or similar computer code for the Software.

5. TITLE: You agree that no title to the intellectual property in the
Software or license keys is transferred to you. Title, ownership,
rights, and intellectual property rights in and to the Software and
license keys shall remain in CRA/MSC and/or CRA/MSC’ licensors. The
Software and license keys are protected by intellectual property laws
of the United States and other countries and by international
treaties.

6. NO WARRANTY:

6.1 GENERAL: The Software is provided to you at minimal
charge. CRA/MSC does not guarantee that use of the Software
will be uninterrupted or error-free. CRA/MSC does not
guarantee that the information accessed by the Software will
be accurate or complete. You acknowledge that performance of
the Software may be affected by any number of factors,
including without limitation, technical failure of the
Software, the acts or omissions of third parties and other
causes reasonably beyond the control of CRA/MSC. Certain
features of the Software may not be forward-compatible with
future versions of the Software and use of such features with
future versions of the Software may require purchase of the
applicable future version of the Software.

6.2 AS IS SALE: YOU AGREE THAT CRA/MSC AND ITS LICENSORS HAVE
MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING
THE SOFTWARE AND THAT THE SOFTWARE IS BEING PROVIDED TO YOU
"AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ACKNOWLEDGE THAT
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE,
YOU (AND NOT CRA/MSC, THE RETAILER, OR ANY DISTRIBUTOR) ASSUME
THE ENTIRE COST OF ALL NECESSARY REPAIR.

6.3 DISCLAIMER: CRA/MSC DISCLAIMS ANY AND ALL OTHER
WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING,
BUT WITHOUT LIMITATION, (i) THE IMPLIED WARRANTIES OF
NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE; (ii) THAT ANY INFORMATION
ACCESSED BY THE SOFTWARE WILL BE ACCURATE OR COMPLETE. THIS
WARRANTY DISCLAIMER AFFECTS YOUR LEGAL RIGHTS, AND YOU MAY
ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO
JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF
IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

7. LIMITATION OF LIABILITY: IN NO EVENT SHALL CRA/MSC OR ITS LICENSORS
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, SPECIAL,
INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF OR RELATING
TO THE SOFTWARE OR THE USE THEREOF (INCLUDING BUT NOT LIMITED TO
DAMAGES OR COSTS INCURRED AS A RESULT OF LOSS OF TIME, LOSS OF DATA,
LOSS OF PROFITS OR REVENUE, OR LOSS OF USE OF THE SOFTWARE OR OTHER
ECONOMIC LOSS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT,
TORT, NEGLIGENCE, OR OTHERWISE, EVEN IF CRA/MSC HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS EXPRESSLY REQUIRED BY
APPLICABLE LAW, IN NO EVENT WILL CRA/MSC’ LIABILITY FOR ANY CLAIM,
WHETHER FOR BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHERWISE,
EXCEED THE FEE PAID BY YOU FOR THE SOFTWARE THAT IS THE SUBJECT OF
SUCH CLAIM. IF THE RELEVANT SOFTWARE WAS PROVIDED TO YOU AT NO CHARGE
YOU AGREE THAT CRA/MSC SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES.
YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ADEQUATE PROTECTION AND
BACKUP OF THE DATA AND EQUIPMENT USED IN CONNECTION WITH ANY OF THE
SOFTWARE. YOU FURTHER AGREE THAT CRA/MSC WILL NOT BE LIABLE FOR ANY
DAMAGES THAT YOU MAY SUFFER IN CONNECTION WITH (i) DOWNLOADING,
INSTALLING, OR USING THE SOFTWARE OR (ii) FAILURE IN THE PERFORMANCE
OF THE SOFTWARE. IF YOU ELECT NOT TO PURCHASE A LICENSE TO THE
SOFTWARE, YOU FURTHER ACKNOWLEDGE THAT YOU ARE PROVIDED A REASONABLE
TIME FRAME TO EVALUATE THE SOFTWARE AND AT THE END OF SUCH EVALUATION
PERIOD YOU MAY ONLY ACCESS AND USE THE SOFTWARE IF YOU PURCHASE A
LICENSE TO THE SOFTWARE. YOU AGREE THAT CRA/MSC WILL NOT BE LIABLE
FOR ANY DAMAGE THAT YOU MAY SUFFER IN CONNECTION WITH THE TERMINATION
OF SUCH EVALUATION PERIOD AND YOUR INABILITY TO ACCESS AND USE THE
SOFTWARE. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO
THE EXTENT PERMITTED BY LAW. THE LIMITATIONS IN THIS SECTION ARE
COMPREHENSIVE AND ALL EXAMPLES ARE ILLUSTRATIVE AND NOT EXHAUSTIVE.
THE LIMITATIONS IN THIS SECTION ARE SEPARATE AND INDEPENDENT OF ANY
OTHER REMEDY LIMITATIONS IN THIS LICENSE AGREEMENT AND SHALL NOT FAIL
IF SUCH OTHER LIMITATION ON REMEDY FAILS. THE FEES AND OTHER
PROVISIONS IN THIS LICENSE AGREEMENT REFLECT THE ALLOCATION OF RISKS
BETWEEN THE PARTIES. THIS SECTION IS AN ESSENTIAL ELEMENT OF THE
BASIS OF THE BARGAIN BETWEEN THE PARTIES. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

8. TERMINATION: This License Agreement shall terminate automatically
if you fail to comply with the terms of this License Agreement. No
notice shall be required from CRA/MSC to effect such termination. You
may also terminate this License Agreement at any time by notifying
CRA/MSC in writing of termination. Upon any termination of this
License Agreement, you must uninstall and destroy all copies of the
Software.

9. MISCELLANEOUS:

9.1 SEVERABILITY: In the event of invalidity of any provision
of this License Agreement, the parties agree that such
invalidity shall not affect the validity of the remaining
portions of this License Agreement.

9.2 WAIVER: No term or provision hereof will be considered
waived by either party, and no breach excused by either party,
unless such waiver or consent is in writing signed on behalf
of the party against whom the waiver is asserted. No consent
by either party to, or waiver of, a breach by either party,
whether express or implied, will constitute a consent to,
waiver of, or excuse of any other, different or subsequent
breach by either party.

9.3 SURVIVAL: All defined terms and Sections 3 ("License
Restrictions"), 4 ("License Keys"), 5 ("Title"), 6 ("No
Warranty"), 7 ("Limitation of Liability"), 8 ("Termination"),
and 9 ("Miscellaneous") shall survive any termination of this
License Agreement.

9.4 GOVERNING LAW: This License Agreement will be governed by
the laws of the State of Pennsylvania as they are applied to
License Agreements between Pennsylvania residents entered into
and to be performed entirely within Pennsylvania. The United
Nations Convention on Contracts for the International Sale of
Goods is specifically disclaimed.

9.5 ENTIRE LICENSE AGREEMENT: You agree that this is the
entire License Agreement between you and CRA/MSC, and that it
supersedes any prior License Agreement, whether written or
oral, and all other communications between CRA/MSC and you
relating to the subject matter of this License Agreement.
This License Agreement may be amended, modified or
supplemented only by a writing that is signed by the
authorized representatives of both parties.

9.6 RESERVATION OF RIGHTS: All rights not expressly granted in
this License Agreement are reserved by CRA/MSC.

©2004-2009 Community Resource Associates/Midnight Sun Computing. All rights reserved.



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Downloads: 166
Updated At: 2024-03-27
Publisher: Midnight Sun Computing
Operating System: windows
License Type: Free Trial