Dapple Software License
Agreement
PLEASE
READ THIS SOFTWARE LICENSE AGREEMENT
CAREFULLY BEFORE USING THE DAPPLE SOFTWARE.
Dapple Software:
The Dapple program, or app, is referred to herein as the
"Software".
Dapple Products:
The Dapple program has the ability to yield audio
performances of user interaction. Recordings (whether
stored on magnetic media, optical media, etc.) and live
amplification, broadcast, or streaming of these audio
performances are referred to herein as "Products".
License:
Subject to the terms and conditions of this Agreement,
ThingTone Software grants to you a non-exclusive license to
install, register (by acquiring an official binary copy of
the Software only from ThingTone Software or its
affiliates), and use the Software on your primary and
secondary devices, but no others. Separately purchased
binary copies are required if you intend to install the
Software on more than two devices. You are entitled to make
backup copies of this software for archival purposes only.
Ownership, Intellectual Property Rights, and Limitations on
Use:
The Software and all copyrights, trade secrets, trademarks,
and all other intellectual property rights embodied in or
otherwise related to the Software are owned by ThingTone
Software and are protected by United States law and
international treaties.
ThingTone Software retains all right, title, and interest
in the Software, and any rights not expressly granted to
you herein are reserved by ThingTone Software. You may not
alter, duplicate, rent, lease, lend, sell, resell, create
derivative works from, distribute, sublicense, or provide
others with the Software. Furthermore, you may not reverse
engineer, decompile, or disassemble the Software except to
the extent that applicable law permits such activity
notwithstanding contrary contractual obligations.
Disclaimer of Warranty:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE
SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS
TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT
IS WITH YOU. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Release and Indemnification:
In no event shall ThingTone Software or its affiliates,
officers, directors and employees (“Agents”) be liable for
any consequential, special, incidental, direct or indirect
damages of any kind arising out of the delivery,
performance, or use of the Software.
You agree to indemnify and hold ThingTone Software and its
Agents harmless from any and all liabilities, claims, loss,
damage, tax, costs and expenses, including legal fees,
arising in any way from your use of the Software. You also
agree to indemnify and hold ThingTone Software and its
Agents harmless from any lost revenue opportunities or
other damages sustained by ThingTone as a result of the use
and/or distribution of Products by or to third parties
where such Product(s) were originally made by you using the
Software.
Termination:
This License is effective until terminated. Your rights
under this License will terminate automatically without
notice from ThingTone Software if you fail to comply with
any of its terms. Upon termination of this License, you
shall cease all use of the Software and destroy all copies.
Acceptance of the Terms of this License Agreement:
The Software is offered to you, the User, conditioned on
your acceptance without modification of the terms,
conditions, and notices contained herein. Your use of this
Software constitutes an implicit agreement to be bound by
all of the terms of this License Agreement.
Entire Agreement; Modifications
This license agreement contains the entire understanding of
the parties with respect to its subject matter, and
supersedes and extinguishes all prior oral and written
communications between the parties about its subject
matter. No modification of this agreement will be effective
unless it is in writing, is signed by each party, and
expressly provides that it amends this agreement.
Assignment:
This Agreement cannot be assigned or sub-licensed by you
without the prior written consent of ThingTone Software,
and any such unauthorized assignment, sub-license or
transfer shall be null and void.
Controlling Law:
This License will be governed by and construed in
accordance with the laws of the State of California, as
applied to agreements entered into and to be performed
entirely within California between California residents. 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.