End User License Agreement for SMG music display
Last modified on 5-11-2017
Streamsoft hereby grants to the rightful acquirer of SMG music display ("you") a right to use this software. This right is limited to use by you as a natural person not acting in the course of business.
It is expressly forbidden to
- reverse engineer the source code of the software or to decompile the software, except to the extent permitted by mandatory law or applicable open source license;
- provide copies of the software to third parties;
- sublicense the software or otherwise make available the software to third parties, including by rental, Software-as-a-Service models or otherwise;
- modify the software, except to the extent permitted by mandatory law;
- remove indications of Streamsoft as copyright holder of the software or to remove or render illegible any part thereof.
You may make a backup copy of the software. This backup copy may not be used or traded or distributed in any way, except in conjunction with the original software.
All right, title and interest to the software, the accompanying documentation and all modifications and extensions thereto rest and remain with Streamsoft. You only have the rights and permissions explicitly granted to you by this agreement or granted in writing otherwise. You may not use, copy, distribute or publish the software in any other manner.
The software comprises third-party open source software. The respective third-party rights holders grant you the rights indicated in the applicable open source licenses. These licenses can be found in the documentation. This end user license agreement does not apply to this open source software, and nothing in this agreement shall be construed as a limitation of any right granted to you under an open source license.
You are solely responsible for installation and usage of the software. The documentation will provide recommended requirements for the hardware and software environment.
The usage right is subject to payment of a one-time license fee, due when the software is first used.
Use of the software requires activation. Activation takes place during installation.. To complete activation you must acquire a license key from Streamsoft. The software will inform you about the procedure.
Streamsoft from time to time releases updates that address bugs or improve the functioning of the software.
The software will alert you to any available updates. This requires an active internet connection. Installation of updates is performed only with your separate consent. No liability is accepted for any damage caused by bugs addressed in an update not installed by you.
Streamsoft shall provide you with a reasonable level of support through its website and/or e-mail (or other communication channels announced to you). Streamsoft however does not guarantee that all requests for support or bug reports are taken into consideration.
Guarantees and liability
Streamsoft guarantees that SMG music display violates no third-party rights (such as copyrights), excluding any violations arising out of a particular use of the software; it will use its best efforts to investigate any reported bugs as soon as is practical and to repair such bug or create a workaround (but may delay repairing bugs with limited impact until the next planned update); but nothing else.
Except in cases of intentional misconduct or gross negligence or the violation of a warranty granted above Streamsoft is not liable towards you, regardless of ground, for any damages in connection with SMG music display.
No liability exists in case damages were not reported timely after discovery to Streamsoft. A term of two months after discovery shall be regarded as timely in any case. In addition no liability exists if the cause of damage is beyond the control of Streamsoft.
Term of the agreement
This agreement enters into force when you start use of the software and remains in force until terminated.
The agreement may be terminated by both you and Streamsoft at any time by providing one month's notice. This agreement terminates automatically and immediately in case you enter into bankruptcy, apply for a suspension of payments, your assets are seized, you pass away, or in case enter into liquidation, legal dissolution or winding-up.
After termination of the agreement (regardless of reason) you must cease all use of SMG music display. In addition you must remove all copies (including backup copies)) of SMG music display from all computer systems under your control.
Dutch law applies to this end-user license agreement.
Unless dictated otherwise by mandatory law, all disputes arising in connection with this agreement shall be brought before the competent Dutch court for the principal place of business of Streamsoft.
A finding that any particular provision of this agreement is legally void shall not affect the validity of the entire agreement. In such a case the parties shall determine a replacement provision that is legally valid and approximates the intent of the offending provision as much as possible.
Streamsoft may assign its rights and obligations under this agreement to a third party that acquires the relevant business or the copyrights to SMG music display from her.