BRAINSPAWN Software License

The use of this product indicates your understanding and acceptance of the following terms and conditions. This license shall supersede any verbal, or prior verbal or written, statement or agreement to the contrary.

If you do not understand or accept these terms, or your local regulations prohibit “after sale” license agreements or limited disclaimers, you must cease and desist using this product immediately. Copyright laws supersede all local regulations.

This license is a contract between you, the end-user of this software, hereinafter referred to as “THE USER”, and BRAINSPAWN, hereinafter referred to as the “AUTHOR(S)”, and is governed under the laws of the State of Texas.

Copyright

This product (in whole or in part, including all files, data, and documentation, from here on referred to as PRODUCT) is © Copyright 2001 BRAINSPAWN, all rights reserved, and is protected by the United States copyright laws, international treaties and all other applicable national or international laws. This PRODUCT may not, in whole or in part, be copied, photocopied, translated, or reduced to any electronic medium or machine readable form, without prior consent in writing, from the AUTHOR(S) and according to all applicable laws. The sole owner of this PRODUCT is the AUTHOR(S).

No Warranty

The AUTHOR(S) provides absolutely no warranty. The software and information are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and usefulness of the software and information is with THE USER. Should the information prove to be incorrect and/or software not work as expected, THE USER assumes the cost of all necessary servicing, repair or correction.

In no event will the AUTHOR(S) be liable to THE USER for any damages, any lost profits, lost monies, or other special, incidental or consequential damages arising out of the use or inability to use this software and/or information (including but not limited to loss of data or data being rendered inaccurate or losses sustained by third parties), even if THE USER has advised us of the possibility of such damages, or for any claim by any other party.

Restrictions

THE USER may not use, copy, modify, translate, or transfer the PRODUCT or any copy except as expressly defined in this agreement. THE USER may not attempt to unlock or bypass any copy-protection or authentication algorithm utilized by this PRODUCT. THE USER may not remove or modify any copyright notice, nor any “about” dialog or the method by which it may be invoked.

Operating license

THE USER has the non-exclusive right to use the PRODUCT only by a single person, on a single computer at a time. If the PRODUCT permits, THE USER may physically transfer the PRODUCT from one computer to another, provided that the PRODUCT is used only by a single person, on a single computer at a time. In group projects where multiple persons will use the PRODUCT, each member of the group must purchase an individual license. Use over a local area network (within the same locale) is permitted provided that the PRODUCT is used only by a single person, on a single computer at a time.

Evaluation

THE USER has the right to evaluate this PRODUCT for the period of 30 days, provided that terms of Operating license are compiled with, and that the PRODUCT is not used for profit, including but not limited to creating patch libraries and sounds for any pieces THE USER are profiting from. Should you continue use of the PRODUCT after your evaluation period expires, or use it for any profit, THE USER shall pay the registration fee.

Back-up and transfer

THE USER may make one copy of the software part of the PRODUCT solely for back-up purposes. THE USER must reproduce and include the copyright notice on the back-up copy.

The PRODUCT may be transferred to another party. To perform such a transfer, THE USER must notify the AUTHOR(S) in writing of the transfer. The letter must include:

  • The name of the party to which the transfer is made
  • THE USER’S registration information
  • A statement that THE USER has ceased all rights to use the PRODUCT
  • THE USER’S signature

New registration information will be issued by the AUTHOR(S) to the new user of the PRODUCT.

Terms

This license is effective until terminated. THE USER may terminate it by destroying the complete PRODUCT and all copies thereof. This license will also terminate if THE USER fails to comply with any terms or conditions of this agreement. THE USER agrees upon such termination to destroy all copies of the software and of the documentation, or return them to the AUTHOR(S) for disposal.

Redistribution

THE USER are permitted to distribute the evaluation shareware package of this PRODUCT provided that the a) the package is not modified in any way, and b) that no profit is earned from such redistribution. However, THE USER can charge reasonable fees to cover costs of media, packaging, shipping, handling, electronic transmission and storage, and other costs impacting THE USER in the process of such distribution.

Other rights and restrictions

All other rights and restrictions not specifically granted in this license are reserved by the AUTHOR(S).