ARIA For Windows End user license agreement
End User License Agreement
ARIA SOFTWARE LICENSE AGREEMENT
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING, COPYING OR DISTRIBUTING ALL OR ANY PORTION OF THE ARIA SOFTWARE ("SOFTWARE") YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 7; AND LIABILITY IN SECTION 8. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.
IMPORTANT NOTE: INSTALLED COPIES OF THE SOFTWARE THAT HAVE CONFIRMED ACCESS KEY CODES GRANTED TO USER, WILL NOT BE REFUNDED.
Digital 1 Media, Inc., a Delaware corporation, directly and/or through its agents, representatives (“all collectively referred to herein as D1”) and/or its suppliers, as may be applicable, own all intellectual property in the Software. D1 permits you to Use the Software only in accordance with the terms of this Agreement. Use of some third party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement, a “Read Me” file located near such materials.
Definitions. "Software" means (a) all of the contents of the files (provided either by electronic download, on physical media or any other method of distribution), disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) D1 or third party computer information or software, collectively, the Products; (ii) related explanatory written materials or files ("Documentation"); and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by D1 (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy, or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Permitted Number" means one (1) indicated under a valid license granted by D1. "Computer" means a single electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
Software License. If you obtained the Software from D1 or one of its authorized licensees, and subject to your compliance with the terms of this agreement (this "Agreement"), including the restrictions in Section 3, D1 grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation as follows.
2.1 General Use. You may install and Use a copy of the Software on your compatible Computer. The Software may not be shared, installed or used concurrently on different computers. See Section 3 for important restrictions on the Use of this D1 Software.
2.2 Server Use and Distribution.
2.2.1 You may not install a copy of the Software on a computer file server within your internal network for the sole and exclusive purpose of (a) using the Software (from an unlimited number of client computers on your internal network) via (i) the Network File System (NFS) for UNIX versions of the Software or (ii) Windows Terminal Services and (b) allowing for printing within your internal network. Unless otherwise expressly permitted hereunder, no other server or network use of the Software is permitted, including but not limited to use of the Software (i) either directly or through commands, data or instructions from or to another computer or (ii) for internal network, internet or web hosting services.
2.3 Backup Copy. You may make one backup copy of the Software, in the form of an installer .exe file, as a disaster recovery copy.
2.4 No Modification.
2.4.1 You may not modify, adapt, translate or create derivative works based upon the Software. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested D1 to provide the information necessary to achieve such operability and D1 has not made such information available. D1 has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any such information supplied by D1 and any information obtained by you by such permitted de-compilation may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to the D1 Customer Support Department.
2.5 Third Party Website Access. The Software may allow you to access third party websites ("Third Party Sites"). Your access to and use of any Third Party Sites, including any goods, services or information made available from such sites, is governed by the terms and conditions found at each Third Party Site, if any. Third Party Sites are not owned or operated by D1. YOUR USE OF THIRD PARTY SITES IS AT YOUR OWN RISK. D1 MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE THIRD PARTY SITES.
2.6 Warranty Disclaimer. CD Service Providers offer CD Services solely in accordance with the applicable Issuer Statement. ACCESS TO THE CD SERVICES THROUGH THE USE OF THE SOFTWARE IS MADE AVAILABLE ON AN “AS IS” BASIS ONLY AND WITHOUT ANY WARRANTY OR INDEMNITY OF ANY KIND (EXCEPT AS SUPPLIED BY A CD SERVICES PROVIDER IN ITS ISSUER STATEMENT). D1 AND EACH CD SERVICE PROVIDER (EXCEPT AS EXPRESSLY PROVIDED IN ITS ISSUER STATEMENT) MAKE NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE CD SERVICES.
2.6.1 Indemnity. You agree to hold D1 and any applicable CD Service Provider (except as expressly provided in its Issuer Statement) harmless from any and all liabilities, losses, actions, damages, or claims (including all reasonable expenses, costs, and attorneys fees) arising out of or relating to any use of, or reliance on, any CD Service, including, without limitation (a) reliance on an expired or revoked certificate, (b) improper verification of a certificate, (c) use of a certificate other than as permitted by any applicable Issuer Statement, this Agreement or applicable law; (d) failure to exercise reasonable judgment under the circumstances in relying on the CD Services or (e) failure to perform any of the obligations as required in an applicable Issuer Statement.
2.6.2 Limit of Liability. UNDER NO CIRCUMSTANCES WILL D1 OR ANY CD SERVICE PROVIDER (EXCEPT AS EXPRESSLY SET FORTH IN ITS ISSUER STATEMENT) BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY, FOR ANY LOSS OF USE, REVENUE OR PROFIT, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO YOUR USE OR RELIANCE UPON CD SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. THIS LIMITATION SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIALTERMS OF THIS AGREEMENT.
2.6.3 Third Party Beneficiaries. You agree that any CD Service Provider you utilize shall be a third party beneficiary with respect to this Section 2.6 of this Agreement, and that such CD Service Provider shall have the right to enforce such provisions in its own name as if the CD Service Provider were D1.
3.1 You may not Use the Software in any manner not provided for by D1 in its operating manual.
3.2 Notices. You shall not copy the Software except as set forth in Section 2. Any copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software.
Transfer. You may not rent, lease, sublicense, assign or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto another user's Computer.
Intellectual Property Ownership, Copyright Protection. The Software and any authorized copies that you make are the intellectual property of and are owned by D1 and/or its suppliers, as may be applicable. The structure, organization and code of the Software are the valuable trade secrets and confidential information of D1 and/or its suppliers, as may be applicable. The Software is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by D1 and/or its suppliers, as may be applicable.
Updates. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use such Update. All Updates are provided to you on a license exchange basis. You agree that by Using an Update you voluntarily terminate your right to use any previous version of the Software. As an exception, you may continue to Use previous versions of the Software on your Computer after you Use the Update but only to assist you in the transition to the Update, provided that: (a) the Update and the previous versions are installed on the same computer; (b) the previous versions or copies thereof are not transferred to another party or Computer unless all copies of the Update are also transferred to such party or Computer; and (c) you acknowledge that any obligation D1 may have to support the previous versions of the Software may be ended upon availability of the Update.
NO WARRANTY. The Software is being delivered to you "AS IS" and D1 makes no warranty as to its use or performance. D1 may provide no technical support, warranties or remedies for the Software. D1 AND/OR ITS SUPPLIERS, AS MAY BE APPLICABLE, DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, D1 AND/OR ITS SUPPLIERS, AS MAY BE APPLICABLE, MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Section 7 and Section 8 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement.
LIMITATION OF LIABILITY. IN NO EVENT WILL D1 AND/OR ITS SUPPLIERS, AS MAY BE APPLICABLE, BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A D1 REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. D1'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS, AS MAY BE APPLICABLE, UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits D1's liability to you in the event of death or personal injury resulting from D1's negligence or for the tort of deceit (fraud). D1 may also act on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact D1's Customer Support Department.
Export Rules. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Syria, Sudan, Libya, Cuba, and North Korea) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws in force in the State of Florida, exclusive jurisdiction and venue in Pinellas County, FL. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified in writing signed by an authorized officer of D1. Updates may be licensed to you by D1 with additional or different terms. This is the entire agreement between D1 and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
Compliance with Licenses. If you are a business or organization, you agree that upon request from D1 or D1's authorized representative, you will within thirty (30) days fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from D1.
If you have any questions regarding this Agreement or if you wish to request any information from D1 please use the address and contact information included with this product or via the web at www.ariaparty.com to contact the D1 office serving your area. D1 reserves the right to amend, change, update this EULA Agreement at any time, without prior notice.
D1 and its Products, as may be applicable, are registered trademarks and/or copyrights of Digital 1 Media, Inc., incorporated under the laws of the United States.