Software License Agreement for Aquadima
Please read this software license agreement ("License") carefully before using the Aquadima software. By using the Aquadima software, you are agreeing to be bound by the terms of this
License. If you do not agree to the terms of this License, do not use the software. If the Aquadima software was accessed electronically, click "disagree/decline".
Important Note: To the extent that this software may be used to reproduce materials, it is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. To the extent that this software may be used for remote access to music files for listening between computers, remote access of copyrighted music is only provided for lawful personal use or as otherwise legally permitted. If you are uncertain about your right to copy or permit access to any material you should contact your legal advisor.
1. General.
The Aquadima and any third party software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "Aquadima Software") are licensed, not sold, to you by Technologie Aquadima Inc. ("Aquadima") for use only under the terms of this License, and Aquadima reserves all rights not expressly granted to you. The terms of this License will govern any software upgrades provided by Aquadima that replace and/or supplement the original Aquadima Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Title and intellectual property rights in and to any content displayed by or accessed through the Aquadima Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content.
2. Permitted License Uses and Restrictions.
A. Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to install and use the Aquadima Software. To the extent that the Aquadima Software may be used to reproduce materials, such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. You may not make the Aquadima Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the Aquadima Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.
In addition to the restrictions stated above, the Aquadima proprietary libraries ("Aquadima DLLs") included with the Aquadima Software are only licensed for use with the Aquadima Software.
B. You may not and you agree not to, or to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, create derivative works of the Aquadima Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components included with the Aquadima Software). Any attempt to do so is a violation of the rights of Aquadima and its licensors of the Aquadima Software.
C. Certain components of the Aquadima Software, and third party open source programs included with the Aquadima Software, have been or may be made available by Aquadima on its Open Source web site. You may modify or replace only these Open-Sourced Components; provided that: (i) the resultant modified Aquadima Software is used, in place of the unmodified Aquadima Software, on a single Aquadima-labeled computer; and (ii) you otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Sourced Components. Aquadima is not obligated to provide any maintenance, technical or other support for the resultant modified Aquadima Software.
3. Transfer.
You may not rent, lease, lend, redistribute or sublicense the Aquadima Software. You may, however, make a one-time permanent transfer of all of your license rights to the Aquadima Software to another party, provided that: (a) the transfer must include all of the Aquadima Software, including all its component parts, original media (if any), printed materials and this License; (b) you do not retain any copies of the Aquadima Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Aquadima Software reads and agrees to accept the terms and conditions of this License.
4. Consent to Use of Data.
A. Diagnostic and Usage Data. If you choose to allow diagnostic and usage collection, you agree that Aquadima and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to unique system or hardware identifiers, information about your computer, system and application software, and peripherals, that is gathered periodically to provide and improve Aquadima’s products and services, facilitate the provision of software updates, product support and other services to you (if any) related to the Aquadima Software, and to verify compliance with the terms of this License. Aquadima may use this information, as long as it is collected in a form that does not personally identify you, for the purposes described above.
B. Library Data. The Aquadima Software contains features that rely upon information about your Aquadima library. If you choose to share information about your Aquadima library with Aquadima, you agree to Aquadima’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of this information, including but not limited to artist, album and song names in your library, to provide and improve such features.
5. Aquadima Platform and other Services.
A. This software enables access to Aquadima's platform, if available, which offers downloads of music for sale and other services and other Aquadima and third party services and web sites (collectively and individually, "Services"). Such Services may not be available in all languages or in all countries. Use of the Services requires Internet access and use of certain Services may require an Aquadima ID, may require you to accept additional terms of service and may be subject to additional fees.
B. By using this software in connection with an Aquadima ID, Aquadima account, you agree to the applicable terms and conditions for that account, such as the latest Aquadima Platform Terms and Conditions, which you may access and review at https://aquadima.com/users/legal-notice. If you do not agree to the applicable terms and conditions for such an account, do not use the Aquadima Software in connection with that account.
C. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Services at your sole risk and that Aquadima shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types (including genres, sub-genres and Podcast categories and subcategories and the like) and descriptions are provided for convenience, and you acknowledge and agree that Aquadima does not guarantee their accuracy.
D. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Aquadima is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Aquadima, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. You agree that you will not use any Third Party Materials in a manner that would infringe or violate the rights of any other party, and that Aquadima is not in any way responsible for any such use by you.
E. To the extent that you upload any content through the use of the Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of service applicable to the Services. You agree that the Services, including but not limited to graphics, audio clips, and editorial content, contain proprietary content, information and material that is owned by Aquadima and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Aquadima. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Aquadima is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
F. In addition, Services and Third Party Materials that may be accessed from, displayed on or linked to from the Aquadima Software are not available in all languages or in all countries or regions. Aquadima makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services and Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. Aquadima and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Aquadima be liable for the removal of or disabling of access to any such Services. Aquadima may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
6. Termination.
This License is effective until terminated. Your rights under this License will terminate automatically without notice from Aquadima if you fail to comply with any term(s) of this License. Upon the termination of this License, you must cease all use of the Aquadima Software and destroy all copies, full or partial, of the Aquadima Software. Sections 4, 5, 6, 7, 8 and 11 of this License shall survive any such termination.
7. Disclaimer of Warranties.
A. If you are a customer who is a consumer (someone who uses the Aquadima Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.
B. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE AQUADIMA SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE AQUADIMA SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
C. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AQUADIMA SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AQUADIMA AND AQUADIMA'S LICENSORS (COLLECTIVELY REFERRED TO AS "AQUADIMA" FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE AQUADIMA SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
D. AQUADIMA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE AQUADIMA SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE AQUADIMA SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE AQUADIMA SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE AQUADIMA SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE AQUADIMA SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION OF THIS AQUADIMA SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.
E. YOU FURTHER ACKNOWLEDGE THAT THE AQUADIMA SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE AQUADIMA SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
F. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AQUADIMA OR AN AQUADIMA AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE AQUADIMA SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL AQUADIMA BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE AQUADIMA SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE AQUADIMA SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF AQUADIMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Aquadima's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. Export Control.
You may not use or otherwise export or reexport the Aquadima Software except as authorized by Canadian and Quebec law and the laws of the jurisdiction(s) in which the Aquadima Software was obtained. You also agree that you will not use the Aquadima Software for any purposes prohibited by Canadian and Quebec law, including, without limitation, the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.
10. Controlling Law and Severability.
This License will be governed by and construed in accordance with the Federal canadian and Quebec provencial laws, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
11. Complete Agreement; Governing Language.
This License constitutes the entire agreement between the parties with respect to the use of the Aquadima Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, with the exception of any additional terms and conditions you are required to accept if you choose to use Aquadima's online store which will govern your use of such store and any Services you use or purchase through that store. No amendment to or modification of this License will be binding unless in writing and signed by Aquadima. Any translation of this License is done for local requirements and in the event of a dispute between the French and any non-French versions, the French version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
12. Third Party Notices.
A. Portions of the Aquadima Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the Aquadima Software, and your use of such material is governed by their respective terms.
Terms version: February 13th, 2015
