Sonocent updates.

End User Licence Agreement. 

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•  Mac OS Version
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PC Version

Sonocent, Ltd.

Audio Notetaker - End User License Agreement

This End User License Agreement (“EULA”) is made between Sonocent, Ltd. (“Licensor”), creator of Audio Notetaker (“Software”) and you (“Licensee”) who have accessed, activated, used, and/or installed the Software, or media upon which the Software was copied, such that Licensee may use the Software pursuant to the following terms and conditions.

PLEASE READ THIS CAREFULLY.  THIS IS A BINDING LEGAL AGREEMENT BETWEEN LICENSOR WHICH HAS THE BINDING LEGAL FORCE AND EFFECT OF A CONTRACT SIGNED IN INK AND DELIVERED IN PERSON.  BY CLICKING THE ACCEPTANCE CHECKBOX, ACCESSING, ACTIVATING, USING, OR INSTALLING ANY PART OF THE SOFTWARE, OR MEDIA UPON WHICH THE SOFTWARE WAS COPIED, LICENSEE AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS EULA.  IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS EULA, LICENSEE MAY NOT ACCESS, ACTIVATE, USE, OR INSTALL ANY PART OF THE SOFTWARE OR MEDIA UPON WHICH THE SOFTWARE WAS COPIED.

1. GRANT OF LICENSE.  For the term of this EULA, Licensor grants Licensee a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicenseable right and license to use, for Licensee’s internal and non-commercial purposes, the Software solely provided that Licensee adheres to all of the terms and conditions of this EULA.  Licensee may not give, transfer, or sell copies of the Software to any third party, in whole or in part, nor include copies of the Software, in whole or in part, in, or with, products Licensee sells.  The foregoing is an express limited use license and not an assignment, sale, or other transfer of the Software or any patents, copyrights, trade secrets, moral rights, trademarks, know-how, or any related or other rights or interests or other intangible assets recognized under any laws, regulations, or international conventions, in any country or jurisdiction in the world (“Intellectual Property Rights”) of Licensor.  Any rights not expressly licensed pursuant to this section are reserved and upon termination of this EULA, all rights which are licensed shall be terminated.

Without one of the User Licenses listed below you may only use the Software in Trial or Viewer mode. Unless you have purchased a Site User License, you may not install and use the Software on a server. Unless you have agreed an extension to this License Agreement with Licensor, you may only use the Software as follows:

a.     Single User License. If you have purchased a single user license, you may install and use the Software on up to two computers.
b.    Multiple User License. If you have purchased a multiple user license you may only install and use the Software on computers owned by you, on the number of computers for which you have purchased a license.
c.     Concurrent User License. If you have purchased a concurrent user license you may install and use the Software on any number of computers owned by you and on the same network, but the number of concurrent users may not exceed that purchased.
d.    Loan User License. If you have purchased a loan user license you may install and use the Software on any computer owned by you or owned by a student enrolled with you, but the total number of activated users may not exceed that purchased.
e.     Site User License. If you have purchased a site user license you may install and use the Software on any number of computers owned by you.
f.     Student User License. If you are enrolled at an educational institution that has purchased a student user license, you may install and use the Software on your own computer for the duration of your enrolment.

2. OWNERSHIP.  The Software is protected by copyright and other Intellectual Property Rights and is licensed, not sold.  Except for the rights expressly granted to you under this EULA, all right, title, and interest, including all Intellectual Property Rights, in and to the Software, activation code, and all copies thereof (regardless of the form or media upon which such copies are recorded) are and shall remain exclusively owned by the Licensor and its licensors.  All Intellectual Property Rights in the Software are the proprietary to Licensor or its licensors, are protected by law, and may not be copied or used, in whole or in part, without the express consent of their respective owners.

3. USE RESTRICTIONS.  Licensee agrees not to engage in, facilitate, or encourage any unacceptable use of the Software.  Unacceptable use includes, without limitation, use of the Software: (i) for development, compilation, debugging, and similar design-time purposes; (ii) to disseminate, store or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (iii) to disseminate or transmit material that, to a reasonable person may be considered abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iv) to disseminate, store or transmit files, graphics, software or other material that actually, impliedly, or potentially infringes the copyright, trademark, patent, trade secret, trade name or other intellectual property right of any person, entity, partnership, organization, association or otherwise; (v) create a false identity or to otherwise attempt to mislead any person, entity, partnership, organization, association or otherwise, as to the identity or origin of any communication; (vi) distribute, re-distribute, or permit transfer of content in violation of any export or import law and/or regulation or restriction of the United States of America and its agencies or authorities, or without all required approvals, licenses or exemptions; (vii) interfere, disrupt, or attempt to gain unauthorized access to other accounts or any other computer network; (viii) disseminate, store or transmit viruses or any other malicious code or program; or (ix) engage in any other activity deemed by the Licensor, in its sole discretion, to be in conflict with the spirit or intent of this EULA.  Licensee may not reverse-compile or decompile, analyze, reverse-engineer, reverse-assemble or disassemble, or unlock the source code, object code, or underlying algorithms of the Software.  Licensee may not adapt, translate, or create any derivative works of the Software or merge the Software into any other software.  If the Software is provided for evaluation or demonstration purposes then it may not be used for any purpose other than to evaluate or demonstrate its functionality.

4. TERM AND TERMINATION.  This EULA remains effective from the moment Licensee accesses, activates, uses, and/or installs the Software, or media upon which the Software was copied, until terminated.  This EULA will terminate automatically without notice from the Licensor if Licensee fails to comply with any provision of this EULA.  Upon termination, Licensee shall destroy, remove, and/or uninstall all copies of the Software or media upon which the Software was received.

5. DISCLAIMER OF WARRANTIES.  The Software is provided “AS-IS” and without warranty of any kind, express or implied.  Access, activation, use, or installation of the Software is at Licensee’s sole risk.  Licensor neither warrants that the Software will be uninterruptable or error-free nor does Licensor make any warranty as to any results that may be obtained by the use of the Software.  To the fullest extent permitted by applicable law, Licensor makes no other warranties, express or implied, including, without limitation, any implied warranties of satisfactory quality, merchantability, or fitness for a particular purpose in relation to the Software.  Licensor makes absolutely no warranties with reference to third-party hardware, software and/or services Licensee may use along with the Software or any result Licensee may obtain by using third-party hardware, software and/or services along with the Software.

6. LIMITATIONS OF LIABILITY.

a. UNDER NO CIRCUMSTANCES SHALL LICENSOR, DIRECTLY OR INDIRECTLY, BE LIABLE TO LICENSEE OR ANY OTHER PERSON, ENTITY, PARTNERSHIP, ORGANIZATION, ASSOCIATION OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS EULA OR THE SOFTWARE INCLUDING, WITHOUT LIMITATION, LICENSEE'S USE OR INABILITY TO USE THE SOFTWARE, ANY CHANGES TO OR INACCESSIBILITY OF THE SOFTWARE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SOFTWARE, OR ANY DATA OR MATERIAL FROM A THIRD PARTY ACCESSED ON OR THROUGH THE SOFTWARE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE.

b. LICENSOR’S ENTIRE LIABILITY AND THE LICENSEE’S EXCLUSIVE REMEDY SHALL BE, AT THE LICENSOR’S DISCRETION, EITHER: (A) RETURN OF THE TOTAL FEES PAID BY LICENSEE TO LICENSOR HEREUNDER; (B) REPLACEMENT OF THE SOFTWARE; OR (C) LICENSEE DISCONTINUING THE ACCESS, ACTIVATION, USE, AND/OR INSTALLATION OF THE SOFTWARE OR MEDIA UPON WHICH THE SOFTWARE WAS COPIED.

c. IN NO EVENT SHALL LICENSOR’S TOTAL LIABILITY FOR ANY DAMAGES EXCEED THE TOTAL FEES PAID BY LICENSEE TO LICENSOR HEREUNDER.  SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO LICENSEE.  LICENSOR’S LIMITED LIABILITY IS VOID IF FAILURE OF THE SOFTWARE HAS RESULTED FROM ACCIDENT OR LICENSEE’S ABUSE OR MISAPPLICATION OF THE SOFTWARE.

d. LICENSEE ACKNOWLEDGES THAT LICENSOR IS NOT LIABLE, DIRECTLY OR INDIRECTLY, FOR OR KNOWLEDGEABLE OF ANY DATA RECEIVED OR TRANSMITTED VIA THE SOFTWARE. 

e. LICENSEE ACKNOWLEDGES THAT LICENSOR IS NOT LIABLE, DIRECTLY OR INDIRECTLY, FOR OR KNOWLEDGEABLE OF ANY ACTION OR INACTION WITH RESPECT TO ANY CONTENT MADE WITH THE SOFTWARE.

f. LICENSEE ACKNOWLEDGES THAT LICENSOR IS NOT OBLIGATED, DIRECTLY OR INDIRECTLY, TO TAKE ANY STEPS TO PREVENT OR CORRECT ANY ILLEGAL, ABUSIVE, OR OTHERWISE INAPPROPRIATE ACTIVITY PERFORMED BY LICENSEE.

g. LICENSEE ACKNOWLEDGES THAT LICENSOR IS NOT RESPONSIBLE, DIRECTLY OR INDIRECTLY, FOR COMPLIANCE OR LACK THEREOF BY ANY THIRD-PARTY VENDORS WITH RESPECT TO ANY APPLICABLE LAWS AND REGULATIONS.

h. LICENSEE ACKNOWLEDGES THAT LICENSOR DOES NOT GUARANTEE OR WARRANT FUNCTIONALITY AND/OR SECURITY OF INTERNET TRANSMISSIONS UTILIZING THE SOFTWARE.

7. INDEMNIFICATION.  Licensee agrees to defend Licensor, its parents, subsidiaries, affiliates and/or their respective successors and assigns, officers, directors, attorneys, employees, agents, licensors, representatives, advertisers, business and promotional partners, operational service providers, suppliers, resellers and contractors (the “Indemnified Parties”) against any and all claims, demands and/or actions and indemnify and hold the Indemnified Parties harmless from and against any and all losses, damages, costs and expenses (including reasonable attorney’s fees), arising out of or relating to: (a) breach or violation of this EULA; (b) infringement, misappropriation, or any violation of the rights of any other party; (c) violation or non-compliance with any law or regulation; or (d) any use, prohibited or otherwise, of the Software by Licensee.  Licensor reserves the right to assume, at Licensee’s expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise.

8. MISCELLANEOUS.

a. AMENDMENT.  Licensor shall have the right, at any time and without prior written notice to or consent from Licensee, to add to or modify non-material amendments of this EULA simply by: (i) delivering such amended terms to Licensee by e-mail at the address provided to Licensee by Licensor; or (ii) posting non-material amendments to Licensor’s website at http://www.audionotetaker.com/license.  Licensee’s access, activation, use, or installation of the Software after the date such amended terms are delivered to Licensee or updated online shall be deemed to constitute acceptance of such amended terms.

b. SEVERABILITY.  In the event any provision of this EULA is found to be invalid, illegal, or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefore.

c. GOVERNING LAW AND VENUE. 

i. U.S. End Users. For Licensees located in the United States, this EULA shall be construed and governed under and by the laws of the State of Illinois.  Licensor and Licensee agree that exclusive venue for any legal action relating hereto shall be in Cook County, Illinois, United States, and jurisdiction shall be vested in the Circuit Court of the First Judicial Circuit in and for Cook County, Illinois, or the United States District Court for the Northern District of Illinois, as the case may be.  Licensor and Licensee agree not to contest the venue set forth herein and to submit to, and not contest, the exercise of personal jurisdiction over them by any of the foregoing courts.  Licensor and Licensee hereby waive all rights concerning the exercise of personal jurisdiction of them by the foregoing courts and all claims of or concerning forum non-conveniens in the foregoing forums.

ii. Non-U.S. End Users. For Licensees not located in the United States, this EULA shall be construed and governed under and by the laws of England. Licensor and Licensee agree that exclusive venue for any legal action relating hereto shall be in England.

d. NON-WAIVER.  The failure of the Licensor to assert a right under this EULA or to insist upon compliance with any term shall not constitute a waiver of that right by the Licensor or excuse a similar subsequent failure to comply with the EULA by the Licensee.

e. SURVIVAL.  The terms and provisions of Sections 2, 3, 5, 6, 7, 8, and 9 shall survive any termination or expiration of this EULA.

f. If there are any inconsistencies between the English language version of this EULA and any translated version, then the English language version shall prevail.

9. OPEN SOURCE SOFTWARE.  The Software utilizes open source components the source code for which can be downloaded from our server here: http://www.audionotetaker.com/open-source.
a. FFmpeg.  The Software utilizes the FFmpeg audio libraries (Copyright © 2000-2008 Fabrice Bellard, et al.) for part of its file management.  FFmpeg is a free software licensed under the GNU Lesser General Public License (LGPL) version 2.1 or later.  The full text of the LGPL version 2.1 is found at http://www.gnu.org/licenses/lgpl-2.1.html.  FFmpeg is a trademark of Fabrice Bellard, originator of the FFmpeg project.  Source code for FFmpeg can be found on the FFmpeg web site.  The Licensor does not own the FFmpeg software and the Use Restrictions in this agreement do not apply to it.
b. Opus.  Copyright © 2001-2011 Xiph.org, Mozilla Corporation, Skype Technologies S.A, Octasic, Jean-Marc Valin, Timothy B. Terriberry, CSIRO, Gregory Maxwell, Mark Borgerding, Erik de Castro Lopo.
c. Vorbis.  Copyright © 2002-2008, Xiph.org Foundation.
d. Ogg.  Copyright © 2002, Xiph.org Foundation.
e. Speex Resampler.  Copyright © 2007-2008, Jean-Marc Valin, Thorvald Natvig.
f. Mono Framework. Copyright © 2002-2003 Ximian, Inc., Copyright © 2004-2009 Novell, Inc. Mono is free software licensed under the GNU Library General Public License (LGPL) version 2.0. The full text of the LGPL version 2.0 is found at http://www.gnu.org/licenses/lgpl-2.0.html. The Licensor does not own the Mono software and the USE RESTRICTIONS in this agreement do not apply to it.
g. PortAudio. The PortAudio library is licensed under an MIT compatible license, the full text of which is reproduced below.

PORTAUDIO LICENSE
PortAudio Portable Real-Time Audio Library
Copyright (c) 1999-2011 Ross Bencina and Phil Burk
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.
h. DotNetZip. Copyright © 2006-2011 Dino Chiesa

 

MAC Version

Sonocent, Ltd.

Audio Notetaker - End User License Agreement

This End User License Agreement (“EULA”) is made between Sonocent, Ltd. (“Licensor”), creator of Audio Notetaker (“Software”) and you (“Licensee”) who have accessed, activated, used, and/or installed the Software, or media upon which the Software was copied, such that Licensee may use the Software pursuant to the following terms and conditions.

PLEASE READ THIS CAREFULLY.  THIS IS A BINDING LEGAL AGREEMENT BETWEEN LICENSOR WHICH HAS THE BINDING LEGAL FORCE AND EFFECT OF A CONTRACT SIGNED IN INK AND DELIVERED IN PERSON.  BY CLICKING THE ACCEPTANCE CHECKBOX, ACCESSING, ACTIVATING, USING, OR INSTALLING ANY PART OF THE SOFTWARE, OR MEDIA UPON WHICH THE SOFTWARE WAS COPIED, LICENSEE AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS EULA.  IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS EULA, LICENSEE MAY NOT ACCESS, ACTIVATE, USE, OR INSTALL ANY PART OF THE SOFTWARE OR MEDIA UPON WHICH THE SOFTWARE WAS COPIED.

1. GRANT OF LICENSE.  For the term of this EULA, Licensor grants Licensee a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicenseable right and license to use, for Licensee’s internal and non-commercial purposes, the Software solely provided that Licensee adheres to all of the terms and conditions of this EULA.  Licensee may not give, transfer, or sell copies of the Software to any third party, in whole or in part, nor include copies of the Software, in whole or in part, in, or with, products Licensee sells.  The foregoing is an express limited use license and not an assignment, sale, or other transfer of the Software or any patents, copyrights, trade secrets, moral rights, trademarks, know-how, or any related or other rights or interests or other intangible assets recognized under any laws, regulations, or international conventions, in any country or jurisdiction in the world (“Intellectual Property Rights”) of Licensor.  Any rights not expressly licensed pursuant to this section are reserved and upon termination of this EULA, all rights which are licensed shall be terminated.

Without one of the User Licenses listed below you may only use the Software in Trial or Viewer mode. Unless you have purchased a Site User License, you may not install and use the Software on a server. Unless you have agreed an extension to this License Agreement with Licensor, you may only use the Software as follows:

a.     Single User License. If you have purchased a single user license, you may install and use the Software on up to two computers.
b.    Multiple User License. If you have purchased a multiple user license you may only install and use the Software on computers owned by you, on the number of computers for which you have purchased a license.
c.     Concurrent User License. If you have purchased a concurrent user license you may install and use the Software on any number of computers owned by you and on the same network, but the number of concurrent users may not exceed that purchased.
d.    Loan User License. If you have purchased a loan user license you may install and use the Software on any computer owned by you or owned by a student enrolled with you, but the total number of activated users may not exceed that purchased.
e.     Site User License. If you have purchased a site user license you may install and use the Software on any number of computers owned by you.
f.     Student User License. If you are enrolled at an educational institution that has purchased a student user license, you may install and use the Software on your own computer for the duration of your enrolment.

2. OWNERSHIP.  The Software is protected by copyright and other Intellectual Property Rights and is licensed, not sold.  Except for the rights expressly granted to you under this EULA, all right, title, and interest, including all Intellectual Property Rights, in and to the Software, activation code, and all copies thereof (regardless of the form or media upon which such copies are recorded) are and shall remain exclusively owned by the Licensor and its licensors.  All Intellectual Property Rights in the Software are the proprietary to Licensor or its licensors, are protected by law, and may not be copied or used, in whole or in part, without the express consent of their respective owners.

3. USE RESTRICTIONS.  Licensee agrees not to engage in, facilitate, or encourage any unacceptable use of the Software.  Unacceptable use includes, without limitation, use of the Software: (i) for development, compilation, debugging, and similar design-time purposes; (ii) to disseminate, store or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (iii) to disseminate or transmit material that, to a reasonable person may be considered abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iv) to disseminate, store or transmit files, graphics, software or other material that actually, impliedly, or potentially infringes the copyright, trademark, patent, trade secret, trade name or other intellectual property right of any person, entity, partnership, organization, association or otherwise; (v) create a false identity or to otherwise attempt to mislead any person, entity, partnership, organization, association or otherwise, as to the identity or origin of any communication; (vi) distribute, re-distribute, or permit transfer of content in violation of any export or import law and/or regulation or restriction of the United States of America and its agencies or authorities, or without all required approvals, licenses or exemptions; (vii) interfere, disrupt, or attempt to gain unauthorized access to other accounts or any other computer network; (viii) disseminate, store or transmit viruses or any other malicious code or program; or (ix) engage in any other activity deemed by the Licensor, in its sole discretion, to be in conflict with the spirit or intent of this EULA.  Licensee may not reverse-compile or decompile, analyze, reverse-engineer, reverse-assemble or disassemble, or unlock the source code, object code, or underlying algorithms of the Software.  Licensee may not adapt, translate, or create any derivative works of the Software or merge the Software into any other software.  If the Software is provided for evaluation or demonstration purposes then it may not be used for any purpose other than to evaluate or demonstrate its functionality.

4. TERM AND TERMINATION.  This EULA remains effective from the moment Licensee accesses, activates, uses, and/or installs the Software, or media upon which the Software was copied, until terminated.  This EULA will terminate automatically without notice from the Licensor if Licensee fails to comply with any provision of this EULA.  Upon termination, Licensee shall destroy, remove, and/or uninstall all copies of the Software or media upon which the Software was received.

5. DISCLAIMER OF WARRANTIES.  The Software is provided “AS-IS” and without warranty of any kind, express or implied.  Access, activation, use, or installation of the Software is at Licensee’s sole risk.  Licensor neither warrants that the Software will be uninterruptable or error-free nor does Licensor make any warranty as to any results that may be obtained by the use of the Software.  To the fullest extent permitted by applicable law, Licensor makes no other warranties, express or implied, including, without limitation, any implied warranties of satisfactory quality, merchantability, or fitness for a particular purpose in relation to the Software.  Licensor makes absolutely no warranties with reference to third-party hardware, software and/or services Licensee may use along with the Software or any result Licensee may obtain by using third-party hardware, software and/or services along with the Software.

6. LIMITATIONS OF LIABILITY.

a. UNDER NO CIRCUMSTANCES SHALL LICENSOR, DIRECTLY OR INDIRECTLY, BE LIABLE TO LICENSEE OR ANY OTHER PERSON, ENTITY, PARTNERSHIP, ORGANIZATION, ASSOCIATION OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS EULA OR THE SOFTWARE INCLUDING, WITHOUT LIMITATION, LICENSEE'S USE OR INABILITY TO USE THE SOFTWARE, ANY CHANGES TO OR INACCESSIBILITY OF THE SOFTWARE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SOFTWARE, OR ANY DATA OR MATERIAL FROM A THIRD PARTY ACCESSED ON OR THROUGH THE SOFTWARE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE.

b. LICENSOR’S ENTIRE LIABILITY AND THE LICENSEE’S EXCLUSIVE REMEDY SHALL BE, AT THE LICENSOR’S DISCRETION, EITHER: (A) RETURN OF THE TOTAL FEES PAID BY LICENSEE TO LICENSOR HEREUNDER; (B) REPLACEMENT OF THE SOFTWARE; OR (C) LICENSEE DISCONTINUING THE ACCESS, ACTIVATION, USE, AND/OR INSTALLATION OF THE SOFTWARE OR MEDIA UPON WHICH THE SOFTWARE WAS COPIED.

c. IN NO EVENT SHALL LICENSOR’S TOTAL LIABILITY FOR ANY DAMAGES EXCEED THE TOTAL FEES PAID BY LICENSEE TO LICENSOR HEREUNDER.  SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO LICENSEE.  LICENSOR’S LIMITED LIABILITY IS VOID IF FAILURE OF THE SOFTWARE HAS RESULTED FROM ACCIDENT OR LICENSEE’S ABUSE OR MISAPPLICATION OF THE SOFTWARE.

d. LICENSEE ACKNOWLEDGES THAT LICENSOR IS NOT LIABLE, DIRECTLY OR INDIRECTLY, FOR OR KNOWLEDGEABLE OF ANY DATA RECEIVED OR TRANSMITTED VIA THE SOFTWARE. 

e. LICENSEE ACKNOWLEDGES THAT LICENSOR IS NOT LIABLE, DIRECTLY OR INDIRECTLY, FOR OR KNOWLEDGEABLE OF ANY ACTION OR INACTION WITH RESPECT TO ANY CONTENT MADE WITH THE SOFTWARE.

f. LICENSEE ACKNOWLEDGES THAT LICENSOR IS NOT OBLIGATED, DIRECTLY OR INDIRECTLY, TO TAKE ANY STEPS TO PREVENT OR CORRECT ANY ILLEGAL, ABUSIVE, OR OTHERWISE INAPPROPRIATE ACTIVITY PERFORMED BY LICENSEE.

g. LICENSEE ACKNOWLEDGES THAT LICENSOR IS NOT RESPONSIBLE, DIRECTLY OR INDIRECTLY, FOR COMPLIANCE OR LACK THEREOF BY ANY THIRD-PARTY VENDORS WITH RESPECT TO ANY APPLICABLE LAWS AND REGULATIONS.

h. LICENSEE ACKNOWLEDGES THAT LICENSOR DOES NOT GUARANTEE OR WARRANT FUNCTIONALITY AND/OR SECURITY OF INTERNET TRANSMISSIONS UTILIZING THE SOFTWARE.

7. INDEMNIFICATION.  Licensee agrees to defend Licensor, its parents, subsidiaries, affiliates and/or their respective successors and assigns, officers, directors, attorneys, employees, agents, licensors, representatives, advertisers, business and promotional partners, operational service providers, suppliers, resellers and contractors (the “Indemnified Parties”) against any and all claims, demands and/or actions and indemnify and hold the Indemnified Parties harmless from and against any and all losses, damages, costs and expenses (including reasonable attorney’s fees), arising out of or relating to: (a) breach or violation of this EULA; (b) infringement, misappropriation, or any violation of the rights of any other party; (c) violation or non-compliance with any law or regulation; or (d) any use, prohibited or otherwise, of the Software by Licensee.  Licensor reserves the right to assume, at Licensee’s expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise.

8. MISCELLANEOUS.

a. AMENDMENT.  Licensor shall have the right, at any time and without prior written notice to or consent from Licensee, to add to or modify non-material amendments of this EULA simply by: (i) delivering such amended terms to Licensee by e-mail at the address provided to Licensee by Licensor; or (ii) posting non-material amendments to Licensor’s website at http://www.audionotetaker.com/license.  Licensee’s access, activation, use, or installation of the Software after the date such amended terms are delivered to Licensee or updated online shall be deemed to constitute acceptance of such amended terms.

b. SEVERABILITY.  In the event any provision of this EULA is found to be invalid, illegal, or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefore.

c. GOVERNING LAW AND VENUE. 

i. U.S. End Users. For Licensees located in the United States, this EULA shall be construed and governed under and by the laws of the State of Illinois.  Licensor and Licensee agree that exclusive venue for any legal action relating hereto shall be in Cook County, Illinois, United States, and jurisdiction shall be vested in the Circuit Court of the First Judicial Circuit in and for Cook County, Illinois, or the United States District Court for the Northern District of Illinois, as the case may be.  Licensor and Licensee agree not to contest the venue set forth herein and to submit to, and not contest, the exercise of personal jurisdiction over them by any of the foregoing courts.  Licensor and Licensee hereby waive all rights concerning the exercise of personal jurisdiction of them by the foregoing courts and all claims of or concerning forum non-conveniens in the foregoing forums.

ii. Non-U.S. End Users. For Licensees not located in the United States, this EULA shall be construed and governed under and by the laws of England. Licensor and Licensee agree that exclusive venue for any legal action relating hereto shall be in England.

d. NON-WAIVER.  The failure of the Licensor to assert a right under this EULA or to insist upon compliance with any term shall not constitute a waiver of that right by the Licensor or excuse a similar subsequent failure to comply with the EULA by the Licensee.

e. SURVIVAL.  The terms and provisions of Sections 2, 3, 5, 6, 7, 8, and 9 shall survive any termination or expiration of this EULA.

f. If there are any inconsistencies between the English language version of this EULA and any translated version, then the English language version shall prevail.

9. OPEN SOURCE SOFTWARE.  The Software utilizes open source components the source code for which can be downloaded from our server here: http://www.audionotetaker.com/open-source.
a. FFmpeg.  The Software utilizes the FFmpeg audio libraries (Copyright © 2000-2008 Fabrice Bellard, et al.) for part of its file management.  FFmpeg is a free software licensed under the GNU Lesser General Public License (LGPL) version 2.1 or later.  The full text of the LGPL version 2.1 is found at http://www.gnu.org/licenses/lgpl-2.1.html.  FFmpeg is a trademark of Fabrice Bellard, originator of the FFmpeg project.  Source code for FFmpeg can be found on the FFmpeg web site.  The Licensor does not own the FFmpeg software and the Use Restrictions in this agreement do not apply to it.
b. Opus.  Copyright © 2001-2011 Xiph.org, Mozilla Corporation, Skype Technologies S.A, Octasic, Jean-Marc Valin, Timothy B. Terriberry, CSIRO, Gregory Maxwell, Mark Borgerding, Erik de Castro Lopo.
c. Vorbis.  Copyright © 2002-2008, Xiph.org Foundation.
d. Ogg.  Copyright © 2002, Xiph.org Foundation.
e. Speex Resampler.  Copyright © 2007-2008, Jean-Marc Valin, Thorvald Natvig.
f. Mono Framework. Copyright © 2002-2003 Ximian, Inc., Copyright © 2004-2009 Novell, Inc. Mono is free software licensed under the GNU Library General Public License (LGPL) version 2.0. The full text of the LGPL version 2.0 is found at http://www.gnu.org/licenses/lgpl-2.0.html. The Licensor does not own the Mono software and the USE RESTRICTIONS in this agreement do not apply to it.
g. PortAudio. The PortAudio library is licensed under an MIT compatible license, the full text of which is reproduced below.

PORTAUDIO LICENSE
PortAudio Portable Real-Time Audio Library
Copyright (c) 1999-2011 Ross Bencina and Phil Burk
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.
h. DotNetZip. Copyright © 2006-2011 Dino Chiesa

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