ToneTap (formerly Thing-1) Software License Agreement


PLEASE READ THIS SOFTWARE LICENSE AGREEMENT
CAREFULLY BEFORE USING THE TONETAP SOFTWARE.


License:

Subject to the terms and conditions of this Agreement, ThingTone Software grants to you a non-exclusive license to install, evaluate for a limited trial period, register (by entering an official registration key obtained only from ThingTone Software or its affiliates), and use the ToneTap Software (“Software”) on your primary computer. The same registration key may also be used to register the software on a secondary computer (if any), but no others. Separately purchased license keys are required if you intend to install the Software on more than your primary and secondary computer. 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.

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.





Copyright © 2009 ThingTone Software