MP3ator: The Ultimate Tag Fixing Tool!

License Agreement

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READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT, DO NOT INSTALL, COPY OR OTHERWISE USE THE MP3ator ("SOFTWARE"). IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR NON-ACCEPTANCE OF THE AGREEMENT BY SELECTING THE "REJECT" BUTTON OR OTHERWISE PROVIDING THE NEGATIVE RESPONSE REQUESTED. YOUR INSTALLATION, COPYING OR USE OF THE SOFTWARE INDICATES THAT YOU AGREE TO BE BOUND BY ALL THE TERMS OF THE AGREEMENT.

If you are accepting the Agreement on behalf of a corporation, partnership or other legal entity, the use of the terms "you" and "your" in the Agreement will refer to such entity and the entity accepting the Agreement represents and warrants to MP3ator Inc. that it has sufficient permissions, capacity, consents and authority to enter into the Agreement.

MP3ator, Inc.

License Agreement

THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS ARE COLLECTIVELY TERMED THE "AGREEMENT".

1.  LICENSE TO USE.  MP3ator grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software and documentation and any error corrections provided by MP3ator (collectively "Software"), by the number of users and the class of computer hardware for which the corresponding fee(s) has been paid.

2.  RESTRICTIONS.  Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by MP3ator and/or its licensors.  Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other than a single copy of Software for archival purposes.  Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. MP3ator, Inc. disclaims any express or implied warranty of fitness for such uses.   No right, title or interest in or to any trademark, service mark, logo or trade name of MP3ator or its licensors is granted under this Agreement.

3.  LIMITED WARRANTY.  MP3ator warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use.  Except for the foregoing, Software is provided "AS IS".  Your exclusive remedy and MP3ator's entire liability under this limited warranty will be at MP3ator's option to replace Software media or refund the fee paid for Software.

4.  DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

5.  LIMITATION OF LIABILITY.  TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL MP3ator OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF MP3ator HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  In no event will MP3ator's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement.  The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.

6.  Termination.  This Agreement is effective until terminated.  You may terminate this Agreement at any time by destroying all copies of Software.  This Agreement will terminate immediately without notice from MP3ator if you fail to comply with any provision of this Agreement.  Upon Termination, you must destroy all copies of Software.

7.  Export Regulations. All Software and technical data delivered under this Agreement are subject to EC export control laws and may be subject to export or import regulations in other countries.  You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.

8.   Governing Law.  Any action related to this Agreement will be governed by Greek law and controlling EC directives.  No choice of law rules of any jurisdiction will apply.

9.  Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.

10.  Integration.  This Agreement is the entire agreement between you and MP3ator relating to its subject matter.  It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement.  No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.

Supplemental Terms for MP3ator

These terms and conditions for MP3atoor supplement the terms of the License Agreement.  Capitalized terms not defined herein shall have the meanings ascribed to them in the License Agreement. These terms shall supersede any inconsistent or conflicting terms in the License Agreement.

1.License Grant

A.  Internal Use License.  Subject to the terms and conditions of this Agreement and your complete acceptance of this Agreement, MP3ator grants to you a non-exclusive, non-transferable, royalty-free and limited license to internally reproduce and use the binary form of  Software
 
B.  Redistribution.  This Agreement does not grant you the right to redistribute Software.

2.Additional Use Conditions

A.  Whenever you are explicitly permitted to copy or reproduce all or any part of Software, you shall reproduce and not efface any and all titles, trademark symbols, copyright symbols and legends, and other proprietary markings on or accompanying Software.  You acknowledge and agree as between you and MP3ator that MP3ator owns the MP3ator related trademarks, service marks, logos and other brand designations ("MP3ator Marks"), and you agree to comply with the MP3ator Trademark and Logo Usage Requirements. Any use you make of the MP3ator Marks inures to MP3ator's benefit.

B. "Bundled Software" means any and all additional software bundled with or embedded in the Software (including without limitation tag credits), if any, and delivered to you as part of the Software.  You may not use any Bundled Software on a stand-alone basis or use any portion of the Bundled Software to interoperate with any program other than the Software. Except for this restriction and those found below, the use of each such bundled or embedded product shall be governed by its license agreement.  If you desire to use such MP3ator or third party products on a stand-alone basis, you must purchase a separate license permitting such use.

C.  You shall have the sole responsibility to protect adequately and backup your data and/or equipment used in connection with the Software. You shall not claim against MP3ator or its licensors for lost data, re-run time, inaccurate output, work delays or lost profits resulting from your use of the Software.

D. Termination for Infringement.  Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right.

E. You acknowledge that at your request or consent optional features of the Software may download, install, and execute applets, applications, software extensions, and updated versions of the Software from MP3ator ("Software Updates"), which may require you to accept updated terms and conditions for installation. If additional terms and conditions are not presented on installation, the Software Updates will be considered part of the Software and subject to the terms and conditions of the Agreement.

F. You acknowledge that, by your use of optional features of the Software and/or by requesting services that require use of the optional features of the Software, the Software may automatically download, install, and execute software applications from sources other than MP3ator ("Other Software"). MP3ator makes no representations of a relationship of any kind to licensors of Other Software. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL MP3ator OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE OTHER SOFTWARE, EVEN IF MP3ator HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

G.  You may not publish or provide the results of any benchmark or comparison tests run on Software to any third party without the prior written consent of MP3ator.

MP3ator boasts one of the smoothest tag fixing processes I`ve encountered... is extremely easy in its operation... (and) is as fast as it is thorough
-- Jeff Greene, Beta Tester

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