mu-C Kuper Midi~Kuper End User License Agreement

 

General Terms

This is a binding agreement (the Agreement ) between you ( The User ) and mu-C Kuper LLC ( mu-C Kuper), a company registered in the State of Florida in the United States of America, its successors and assigns.

Please read this Agreement carefully.By clicking the button indicating you agree to these terms, or by using the software, you implicitly accept these terms and conditions stated herein. If you do not accept these terms and conditions, you cannot use this software and you must uninstall it from your system. However, once you have purchased a license to use the software, you cannot be refunded for its purchase unless the software violates the stated warranties herein.

The Software is protected by copyright and other intellectual property laws and treaties.

The Software is licensed - not sold. When you purchase a license to use The Software, you do not acquire any ownership in the product (The Software) itself. The Software is the exclusive property of mu-C Kuper, who retains all copyrights and ownership to The Software, its code, its look and design and all its logic, and content, except for those components used in The Software that are the property of third parties.

Terms of Use

This license Agreement grants you, The User a non-exclusive, non-transferable, revocable limited license to use its software product Midi~Kuper ( The Software ) under the terms and conditions stated herein. These terms also apply to any updates to this software, unless such updates are accompanied by another agreement that supersedes this one.

Rights Granted Under This License (what you can do)

When using a Trial Version of The Software, you may install the software in only 1 single system at a time. You are entitled to use the software for evaluation purposes only until such time as the 30-day trial period expires. To use The Software beyond the initial 30 days you need to purchase a license.

If you are installing this product on a trial basis, all the terms and conditions in this Agreement apply to your use of The Software with the exception that support is limited to 30 days from the time you install The Software.

After purchasing a license for The Software, you may download The Software and install it in up to 3 systems as long as all systems in which the software is installed are used by The User to whom this license was granted. You may run the software on all 3 systems simultaneously. If you need to run the software in more than 3 systems, you must purchase an additional license.

You may install and use The Software in additional systems beyond the 3 stated above, but only after you have deactivated and then uninstalled an equal number of other installations of this software. This will allow you to transfer The Software to a new system after you either decommission a system in which The Software was installed or you decide to no longer use said system to run The Software. So for example, if you upgrade your computer to a new, faster machine, you may deactivate the original installation to make that instance available for use on the new machine. If you do not deactivate the software before reinstalling, you will be limited to the 3 installations as stated above, and once you reach that limit you will not be able to run the software in other systems until you deactivate at least one instance. You may do this using the License Manager software provided with The Software.

You are free to copy the output files produced by this software such as Song Lists, Set Lists and Rack Settings, but solely for the purpose of transferring your data to another system on which The Software is installed.

Restrictions (what you cannot do)

1.        The Software may only be used by you, the User who obtained a license for its use or downloaded it as a trial.

2.        You may not transfer, resell, redistribute, license, copy, rent, lease, assign, transmit, host or lend The Software to/for any third parties.

3.        You may not use The Software for commercial purposes other than for its intended use as a working musician, DJ or producer in the course of conducting commercial or non-commercial rehearsals and performances aided by the user of The Software.

4.        You may not make this software available to other users on a network or in any other sharing manner.

5.        Only up to the permitted number of instances of the Software per purchased license can be executed at any one time.

6.        You may not reverse-engineer, decompile, disassemble, decode, decrypt, analyze or alter The Software in any way at all. Any of these actions constitutes a violation of the terms of this Agreement and a violation of intellectual property protection laws that could result in civil and criminal prosecution.

7.        You may not reverse-engineer, decompile, disassemble, analyze, decrypt or decode any of the output files produced by The Software.

8.        You may not copy The Software except for the sole purpose of backing up its installer in the event you need to restore a failed installation.

9.        You may not embed The Software in another software application or use it in any manner other than as intended by mu-C Kuper, as a normal application.

Limitations

The license grant is limited to the specific major/minor version of the software that was initially installed. mu-C Kuper will occasionally release updates and bug fixes for the Software that apply to the version licensed by this Agreement, in which case the updates will be covered by the license and this Agreement.

Newer major releases of The Software will, at mu-C Kuper's discretion, require a new license be purchased and shall be governed by its corresponding end user license agreement.

Privacy

mu-C Kuper collects certain information from users including but not limited to the userís first and last names (surname), email address, address of residence, telephone number and a profile of the userís computer hardware. This information is collected so that we may be able to support your use of The Software, grant licenses for its use, and communicate with users regarding issues, changes, upgrades and other such matters related to The Software. We may also use the data collected to notify users when third party components or other software is available that either integrates with The Software or can be used in conjunction with The Software to improve the utility of The Software.

We may share your information with third parties that offer products that are complementary to The Software and can be of use to our users.

We may also use the data collected in an aggregate manner to better understand how The Software is being used, what features are most valuable, what features may be missing, or in general, how to improve The Software.

At no time will we share or publish user information to any third parties for other purposes that are not related to improving the service we provide to the users of The Software.

By agreeing to the terms of the Agreement you consent to this use of the information you provide.

Limited Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SOFTWARE IS PROVIDED "AS IS" WITH NO EXPRESS WARRANTY EXCEPT FOR THE INITIAL 90-DAY PARIOD LIMITED WARRANTY GRANTED AFTER PURCHASE, AS STATED AT THE END OF THIS PARAGRAPH. mu-C Kuper PROVIDES Midi~Kuper WITH A FREE TRIAL PERIOD, BEYOND WHICH THE USER MAY UNINSTALL THE PRODUCT IF IT DOES NOT PERFORM TO THE USERíS SATISFACTION. AFTER THE INITIAL TRIAL PERIOD, mu-C Kuper PROVIDES A 90-DAY LIMITED WARRANTY FROM THE DATE OF PURCHASE TO THOSE USERS WHO HAVE PURCHASED A VALID LICENSE AS FOLLOWS: SHOULD Midi~Kuper FAIL TO PERFORM AS INTENDED, AND IN THE EVENT mu-C Kuper CANNOT PROVIDE REMEDIATIONS FOR SUCH FAILURE, mu-C Kuper WILL, AT THE USERíS EXPLICIT WRITTEN REQUEST, REFUND THE FULL PRICE OF PURCHASE UNDER THE CONDITION THAT THE USER DEACTIVATES THE LICENSE USING THE PRESCRIBED METHODOLOGY FOR UNINSTALLING AND DEACTIVATING THE PRODUCT .

mu-C Kuper AND ITS VENDORS, SUPPLIERS AND DISTRIBUTORS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EXCEPT AS STATED ABOVE. TO THE EXTENT THAT THE SOFTWARE FAILS TO SUBSTANTIALLY OPERATE AS INTENDED ON ANY PARTICULAR SYSTEM, AND DEPENDING ON THE EXTENT OF THE FAILURE, mu-C Kuper MAY OFFER REMEDIES THROUGH ITS TECHNICAL SUPPORT, OR IN THE EVENT OF A TOTAL FAILURE TO OPERATE, AND AT ITS OWN DISCRETION, MAY REFUND THE USERíS COST OF OBTAINING THE LICENSE.

Limitations on Liability

THE SOFTWARE IS PROVIDED "AS IS". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL mu-C Kuper, ITS OFFICERS, EMPLOYEES, SUCCESSORS OR ASSIGNS, OR ITS SUPPLIERS, VENDORS AND DISTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PERSONAL OR COMMERCIAL LOSS ARISING FROM THE USE OF, OR INABILITY TO USE, THE SOFTWARE, EVEN IF mu-C Kuper IS AWARE OF SUCH POTENTIAL DAMAGES.TO THE EXTENT THAT THE USER MAY NEED TO ENSURE THE RELIABLE OPERATION OF THE SOFTWARE TO SUPPORT COMMERCIAL ACTIVITIES WITHOUT INCIDENT, IT IS THE RESPONSIBILITY OF THE USER TO TAKE PROPER ACTIONS AND PRECAUTIONS TO ENSURE THAT THE SOFTWARE PERFORMS RELIABLY BY ADHERING TO RECOMMENDED PRACTICES AND USING MULTIPLE REDUNDANT SYSTEMS TO GUARD AGAINST FAILURE DURING CRITICAL USE OF THE SOFTWARE.

UNDER ANY AND ALL CIRCUMSTANCES, mu-C Kuper WILL BE HELD HARMLESS FROM ANY CONSEQUENCES FROM THE USE OF THE SOFTWARE, OR FROM ANY UNINTENDED DISEMINATION OF THE INFORMATION WE COLLECT FROM THE USER AS STATED IN THE PRIVACY SECTION.

THE MAXIMUM LIABILITY TO mu-C Kuper WILL UNDER NO CIRCUMSTANCE EXCEED THE COST OF PURCHASE OF THE LICENSE.

Copyright

mu-C Kuper RETAINS ALL COPYRIGHTS IN AND TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE CODE, PROPRIETARY IMAGES, PHOTOGRAPHS, VIDEOS, INSTRUCTIONS, HELP CONTENT, TEXT AND ANY OTHER PROPRIETARY INFORMATION CONTAINED IN THE SOFTWARE.

Termination

This Agreement will remain in force in perpetuity as long as the User has the software installed on a system. However, mu-C Kuper reserves the right to terminate this Agreement and license to use The Software at any time if it determines that the User has violated any of the terms of this Agreement, or if as a result of any other circumstances it believes that the prior grant of this license puts mu-C Kuper's integrity, reputation or intellectual property rights at risk.

Third Party Copyrights

This Software uses components and software licensed by Microsoft and are subject to Microsoft's terms of use.

This Software uses components copyright (c) 2014 Tbjan Halm. We include the MIT license for the use of this library as required and as follows:

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Applicable Law

This Agreement will be governed by the laws of the United States and other applicable governing bodies unless otherwise required by law in the jurisdiction where the software license is purchased. mu-C Kuper retains the right to automatically void any license that is purchased under a jurisdiction that does not allow for the protection of its intellectual property and this Software.

© 2017 mu-C Kuper. All rights reserved.