IMPORTANT! The contents and terms of this license agreement may be changed at any time, without prior notice, by ESCSOFT.
This is a legal agreement between you (either as an individual or a single entity) and ESCSOFT for this software product, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (the "SOFTWARE"). By installing, copying or otherwise using this SOFTWARE you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this Agreement, do not install or use the SOFTWARE and if it is a non-evaluation version, return it together with physical materials and media to the place you obtained them for a full refund.
1 GRANT OF LICENSE. This agreement grants you the following rights.
(i) EVALUATION LICENSE
You may install and use an unlimited number of copies of the SOFTWARE on an unlimited number of machines. The software will run in trial mode for 30 days.
(ii) SINGLE USER LICENSE
You may install and use the SOFTWARE on any iPod, which belongs to you. If you copy the registered version to a friends iPod then they need to purchase their own license. Each version sold has the user details inserted in to the program.
2. COPYRIGHT
The SOFTWARE is owned by ESCSOFT and is protected by copyright laws and international treaty provisions, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold. You must therefore treat the SOFTWARE like any other copyrighted material.
3. TERM OF LICENSE
The license will continue until you physically destroy all copies of the SOFTWARE and merged portions thereof, and return any original program media and documentation to ESCSOFT.
4. OTHER RESTRICTIONS
(i) TRANSFER
You may not transfer the license to another person.
(ii) REVERSE ENGINEERING
You may not reverse engineer, decompile, or disassemble the SOFTWARE.
(iii) TERMINATION
Without prejudice to any other rights, ESCSOFT may terminate this agreement if you fail to comply with the terms and conditions of this agreement. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.
(iv) DISTRIBUTION
You may use this SOFTWARE as long as:
You may not remove any proprietary notices, labels, and trademarks from the SOFTWARE or associated documentation.
You may not modify, de-compile, disassemble, reverse engineer or translate the software.
You may distribute the unregistered version for other people to evaluate.
You may NOT distribute your SOFTWARE license key to friends or release it to the Internet. ESCSOFT check serial and cracking sites for leaked keys. Each key is unique and can be traced back to the user. If the user has violated this agreement, ESCSOFT will not provide support and no future releases of the SOFTWARE will be made available to that user.
5. ENHANCEMENTS AND UPDATES
From time to time, at his sole discretion, ESCSOFT may provide enhancements, updates, or new versions of the SOFTWARE on his standard terms and conditions thereof. This Agreement shall apply to such enhancements. All registered users will receive free point-release updates to the product. This means, if a new release with a version number of 1.2.4 becomes available and your current release is version 1.0.0, this upgrade is free. If we release a new major version with a version number of 2.0.0 then this will require an upgrade fee.
LIMITED WARRANTY
You assume all responsibility for the selection of the SOFTWARE as appropriate to achieve the results you intend and for the installation of, use of, and results obtained from the SOFTWARE. The SOFTWARE is provided "as is." to the maximum extent permitted by applicable law, ESCSOFT disclaims all warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non infringement with respect to the software and the accompanying documentation. Without limiting the foregoing provisions, ESCSOFT makes no warranty that the software will be error-free or free from interruptions or other failures or that the software will meet your requirements. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to you. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
CUSTOMER REMEDIES
ESCSOFT and its suppliers' entire liability and your exclusive remedy shall be, at ESCSOFT's option, either (a) return of the price paid or (b) repair or replacement of the SOFTWARE that does not meet ESCSOFT's Limited Warranty and which is returned to ESCSOFT with a copy of your receipt or proof of purchase. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
In no event shall ESCSOFT or anyone else who has been involved in the creation, development, production, distribution or supply of this software be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of use of or inability to use this ESCSOFT product, even if ESCSOFT or its dealer have been advised of the possibility of such damages. Some countries do not allow the exclusion or limitation of certain implied warranties or the limitation of the foregoing warranty or the exclusion or limitation of incidental or consequential damages, in which case and to the extent such exclusion or limitation is not allowed some of the foregoing limitations and exclusions may not apply to you.
The structure of the iPod database is not published by Apple Computers and therefore, we do our best to make sure the SOFTWARE is compatible with the latest updates of iTunes. Because this SOFTWARE updates the iPod database, we cannot guarantee its integrity or stability after iTunes performs updates. We advise you that once you start using the SOFTWARE, you take the ”Backup iPod” option and save a copy to your PC.
HIGH RISK ACTIVITIES
The SOFTWARE is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). ESCSOFT expressly disclaims any express or implied warranty of fitness for High Risk Activities.
GENERAL PROVISION
You shall have no right to sub-license any of the rights of this agreement, for any reason. In the event of the breach by you of this Agreement, you shall be liable for all damages to ESCSOFT, and this Agreement shall be terminated. If any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining portions of this Agreement shall not be affected or impaired thereby. In the event of a legal proceeding arising out of this Agreement, the prevailing party shall be awarded all legal costs incurred.
This Agreement constitutes the entire agreement between the parties for the supply of the SOFTWARE and its associated documentation and supersedes all prior arrangements, agreements, representations, and undertakings. This Agreement may not be changed or modified except by a written instrument duly executed by each of the parties hereto.
MISCELLANEOUS
This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom, without reference to conflict of laws principles. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
You shall be responsible for the payment of all taxes, duties, or levies that may now or hereafter be imposed by any authority upon this Agreement for the supply, use, or maintenance of the SOFTWARE, and if any of the foregoing taxes, duties, or levies are paid at any time by ESCSOFT, you shall reimburse ESCSOFT in full upon demand.
ACKNOWLEDGEMENTS
You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.