End User License Agreement

Contents - Index

End User License Agreement

Ownership of the Software

1. The Software and the accompanying written materials are owned by Licensor and are protected by United States copyright laws, by laws of other nations, and by international treaties.

Grant Of License

2. Licensor grants to you the right to use the Software on one stationary computer as well as one portable computer as long as you are the only person who uses the Software on both computers. You may install the Software on a single network server, provided that you have a separate License for Network Station from Licensor for each station of the network at which the Software is used.

Restrictions on Use and Transfer

3. You may not copy the Software, except that (1) you may make one copy of the Software solely for backup or archival purposes, and (2) you may transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials.

4. You may permanently transfer the Software and accompanying written materials (including the most recent update and all prior versions) if you retain no copies and the transferee agrees to be bound by the terms of this Agreement. Such a transfer terminates your license. You may not rent or lease the Software or otherwise transfer or assign the right to use the Software, except as stated in this paragraph.

5. You may not reverse engineer, decompile, or disassemble the Software.

6. You certify that you have obtained the required authorization or permission for the reproduction of any copyrighted works you process by using the Software. You agree to indemnify and hold harmless Licensor for any liability or legal action as a result of processing copyrighted works.

Limited Warranty

7. Licensor warrants that compact disc installation media, if included with your purchase, remain free from physical defects for a period of 90 days from the date of your receipt of the Software.

8. LICENSOR DISCLAIMS ALL OTHER 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 WRITTEN MATERIALS. NO REFUNDS WILL BE GIVEN. Licensor recommends you try the demonstration version of the Software prior to ordering. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.

9. LICENSOR'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE REPLACEMENT OF DEFECTIVE MEDIA WHICH IS RETURNED TO LICENSOR WITH A COPY OF YOUR RECEIPT. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.

10. This Limited Warranty is void if failure of the Software has resulted from modification, accident, abuse, or misapplication.

11. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY LOSS OF PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

12. The terms of this Limited Warranty may be changed only in writing by the President of Innovative Music Systems, Inc. Any representation by an agent or other representative that is contrary to the terms in this Limited Warranty or expands upon the terms in this Limited Warranty is null and void.

13. This Agreement is governed by the laws of the State of Florida, in the United States of America.

14. If you have any questions concerning this Agreement or wish to contact Licensor for any reason, please write email info@intelliscore.net.

15. U.S. Government Restricted Rights. The Software and documentation are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraph (c)(1) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)(ii) and (2) of Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.