CompuHost V3 End User License Agreement
PLEASE READ THIS DOCUMENT CAREFULLY. BY INSTALLING THE SOFTWARE, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, PLEASE DO NOT INSTALL THE SOFTWARE.
This is a legal agreement between you and Karaokeware Inc.. This Agreement states the terms and conditions upon which Karaokeware Inc. offers to license the software known as CompuHost V3, together with all related documentation and accompanying items including, but not limited to, the executable programs, drivers, libraries and data files associated with such programs (collectively, the "Software").
LICENSE
Grant of License.
The Software is licensed for you to use only under the terms of this Agreement. You own the disk or other media on which the Software is originally or subsequently recorded or fixed; but, as between you and Karaokeware Inc. (and, to the extent applicable, its licensors), Karaokeware Inc. retains all title to and ownership of the Software and reserves all rights not expressly granted to you.
For Use as Single Customer Tool.
ONLY ONE COPY PER REGISTRATION MAY BE UTILIZED AT A TIME. UTILIZING THE SOFTWARE ON MORE THAN ONE SYSTEM AT A TIME IS STRICTLY PROHIBITED.
GEN-II CompuHost V3 License Provisions.
Upon purchase, the registered user is provided with ONE Primary User's Activation and ONE Secondary Backup Activation. These activations are authorized and permitted to be used as follows...
1. PRIMARY ACTIVATION: This activation is to be used on the computer the Registered User intends to regularly utilize the applicable software on.
2. SECONDARY ACTIVATION: This "extra" activation is provided for BACKUP PURPOSES ONLY! This activation may be utilized in the event of a catastrophic failure of the PRIMARY computer and/or device (Computer and/or device that the PRIMARY activation was most recently installed on.), thereby preventing the User from salvaging the PRIMARY activation.
PERMITTED ALTERNATIVE: Optionally, the User may activate the SECONDARY activation onto a BACKUP computer and/or device, with the sole intention of utilizing the BACKUP Computer and/or device for BACKUP/FALLBACK purposes ONLY! The users acknowledges and agrees that in the event the PRIMARY activation is deemed damaged, unrecoverable or otherwise unusable, the BACKUP activation as installed on the BACKUP computer and/or device will be utilized as a replacement for the PRIMARY activation.
Throughout this agreement/document, the term "License" refers to both the PRIMARY and SECONDARY activations except where explicitly noted.
IMPORTANT! UNDER NO CIRCUMSTANCE IS THE USER PERMITTED/AUTHORIZED TO LAUNCH/RUN THE SOFTWARE UTILIZING BOTH THE PRIMARY AND SECONDARY ACTIVATIONS CONCURRENTLY!
No Merger or Integration.
You may not merge any portion of the Software into, or integrate any portion of the Software with, any other program, except to the extent expressly permitted by the laws of the jurisdiction where you are located. Any portion of the Software merged into or integrated with another program, if any, will continue to be subject to the terms and conditions of this Agreement, and you must reproduce on the merged or integrated portion all copyright and other proprietary rights notices included on the originals of the Software.
Transfer of License.
You may transfer your license of the Software, provided that
(a) you transfer all portions of the Software or copies thereof,
(b) you do not retain any portion of the Software or any copy thereof, and,
(c) the transferee reads and agrees to be bound by the terms and conditions of this Agreement.
Limitations on Using, Copying, and Modifying the Software.
Except to the extent expressly permitted by this Agreement or by the laws of the jurisdiction where you acquired the Software, you may not use, copy or modify the Software. Nor may you sub-license any of your rights under this Agreement.
Decompiling, Disassembling, or Reverse Engineering.
You acknowledge that the Software contains trade secrets and other proprietary information of Karaokeware Inc. and its licensors. Except to the extent expressly permitted by this Agreement or by the laws of the jurisdiction where you are located, you may not decompile, disassemble or otherwise reverse engineer the Software, or engage in any other activities to obtain underlying information that is not visible to the user in connection with normal use of the Software. In any event, you will notify Karaokeware Inc. of any information derived from reverse engineering or such other activities, and the results thereof will constitute the confidential information of Karaokeware Inc. that may be used only in connection with the Software.
ACCEPTABLE/INTENDED USE
KARAOKEWARE INC. DOES NOT CONDONE, AUTHORIZE, OR IN ANY WAY REPRESENT THAT OUR SOFTWARE PRODUCTS BE USED IN SUCH A MANNER AS TO VIOLATE ANY LAWS WHATSOEVER!
Most notably, but not limited to the use of illegally obtained (pirated) Karaoke content. This includes the purchase of "hard discs" containing Karaoke Content NOT legally purchased or authorized by the manufactures/distributors, illegally downloaded copyrighted content from File Sharing Networks, and the unlawful duplication of otherwise legally obtained/purchased content for the intent of utilizing the content on multiple systems.
Many Karaoke Content Providers presently offer for sale, LEGAL content in "Computer Based Formats", while others have upon request given permission to convert content from legally obtained (purchased) Disc Format (CD+G, VCD. Laser etc) to "Computer Based Formats" (MP3+G etc.).
However some Karaoke Content Providers expressly PROHIBIT duplication and/or transfer of their Disc based song selections as part of their "End Users License". We respect their right to both impose and enforce this provision and in NO WAY represent otherwise.
Therefore, before duplicating, transferring, or utilizing Karaoke content in any form other than initially intended by the manufacture, the legality of transferring and/or duplicating the subject Karaoke content should be determined and if necessary, proper permission obtained.
TERMINATION
The license granted to you is effective until terminated. You may terminate it at any time by returning the Software (including any portions or copies thereof) to Karaokeware Inc. with no money back. The license will also terminate automatically without any notice from Karaokeware Inc. if you fail to comply with any term or condition of this Agreement. You agree upon such termination to return the Software (including any portions or copies thereof) to Karaokeware Inc. with no money back. Upon termination, Karaokeware Inc. may also enforce any rights provided by law. The provisions of this Agreement that protect the proprietary rights of Karaokeware Inc. will continue in force after termination.
LIMITED WARRANTY
Karaokeware Inc. warrants, as the sole warranty, that the disks on which the Software is furnished will be free of defects, as set forth in the Warranty Card or printed manual included with the Software. No distributor, dealer or any other entity or person is authorized to expand or alter this warranty or any other provisions of this Agreement. Any representation, other than the warranties set forth in this Agreement, will not bind Karaokeware Inc.
Karaokeware Inc. does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. EXCEPT AS STATED ABOVE IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
You assume full responsibility for the selection of the Software to achieve your intended results, and for the installation, use and results obtained from the Software. You also assume the entire risk as it applies to the quality and performance of the Software. Should the Software prove defective, you (and not Karaokeware Inc., or its distributors or dealers) assume the entire cost of all necessary servicing, repair or correction.
This warranty gives you specific legal rights, and you may also have other rights which vary from country/state to country/state. Some countries/states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Karaokeware Inc. disclaims all warranties of any kind if the Software was customized, repackaged or altered in any way by any third party other than Karaokeware Inc..
LIMITATION OF REMEDIES AND DAMAGES
THE ONLY REMEDY FOR BREACH OF WARRANTY WILL BE THAT SET FORTH IN THE WARRANTY CARD OR PRINTED MANUAL INCLUDED WITH THE SOFTWARE. IN NO EVENT WILL KARAOKEWARE INC. OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS, LOST SAVINGS, LOST REVENUES OR LOST DATA ARISING FROM OR RELATING TO THE SOFTWARE OR THIS AGREEMENT, EVEN IF KARAOKEWARE INC. OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL KARAOKEWARE INC. LIABILITY OR DAMAGES TO YOU OR ANY OTHER PERSON EVER EXCEED THE AMOUNT PAID BY YOU TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF THE CLAIM.
Some countries/states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
PRODUCT RETURNS
IF YOU MUST SHIP THE SOFTWARE TO KARAOKEWARE INC. OR AN AUTHORIZED CompuHost V3 DISTRIBUTOR OR DEALER, YOU MUST PREPAY SHIPPING AND EITHER INSURE THE SOFTWARE OR ASSUME ALL RISK OF LOSS OR DAMAGE IN TRANSIT.
U.S. GOVERNMENT RESTRICTED RIGHTS
All Software and related documentation are provided with restricted rights. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software Clause at 252.227-7013. If you are sub-licensing or using the Software outside of the United States, you will comply with the applicable local laws of your country, U.S. export control law, and the English version of this Agreement.
CONTRACTOR/MANUFACTURER
The Contractor/Manufacturer for the Software is:
Karaokeware Inc.
18331 Pines Blvd. #320
Pembroke Pines , FL 33029
GENERAL
This Agreement is binding on you as well as your employees, employers, contractors and agents, and on any successors and assignees. Neither the Software nor any information derived there from may be exported except in accordance with the laws of the U.S. or other applicable provisions. This Agreement is governed by the laws of the State of Florida (except to the extent federal law governs copyrights and federally registered trademarks). This Agreement is the entire agreement between us and supersedes any other understandings or agreements, including, but not limited to, advertising, with respect to the Software.
If any provision of this Agreement is deemed invalid or unenforceable by any country or government agency having jurisdiction, that particular provision will be deemed modified to the extent necessary to make the provision valid and enforceable, and the remaining provisions will remain in full force and effect.
For questions concerning this Agreement, please contact Karaokeware Inc. at the address stated above. For questions on product or technical matters, contact the CompuHost V3 technical support center nearest you or visit us on the web at www.karaokeware.com.