WARNING
Use of this software for copying and converting unauthorized MP3 files such as, but not limited to, making a compact disc may violate United States and foreign copyright laws, for which you may be liable for civil or criminal sanctions. Compliance with the copyright law remains your responsibility.
LICENSE
1. Thank you for starting Acoustica MP3 CD Burner (the "Software"). Your use of the Software is subject to the following license (the "License"). As used in this License: (i) "we" or "us" means Acoustica; and (ii) "you" or "your" means you, the user. By clicking on the "Continue" button on this window, you accept this License.
2. You will become eligible to use the Software upon accepting this license by pressing the "Continue" button on this window. You understand and agree that the Software is provided "AS-IS" and that we assume no responsibility for the failure or inaccuracy of the software. You agree that we will not be liable to you or to any third party for any modification, or discontinuance of the Software.
3. This license may not be assigned by you to any third party without the prior express written consent of Acoustica. Any assignment that violates this provision is null and void.
DISCLAIMER
1. You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Software, your violation of this License, or your violation of any rights of a third party.
2. YOU UNDERSTAND AND EXPRESSLY AGREE THAT THE SOFTWARE IS BEING MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE." YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SOFTWARE; ACOUSTICA MAKES NO REPRESENTATION OR WARRANTY, AND DISCLAIMS ALL IMPLIED REPRESENTATIONS AND WARRANTIES, THAT THE SOFTWARE WILL PERFORM IN THE MANNER EXPECTED WITHOUT INTERRUPTION, ERROR OR DEFECT.
3. WITHOUT LIMITING THE FOREGOING: ALL REPRESENTATIONS, CONDITIONS, WARRANTIES AND GUARANTEES, WHETHER STATUTORY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR RESPECTING SATISFACTORY QUALITY) ARE HEREBY DISCLAIMED BY ACOUSTICA TO THE FULLEST EXTENT PERMITTED BY LAW; ACOUSTICA SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR OR IN RESPECT OF ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LIABILITY, LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THE SOFTWARE, OR FOR ANY LOSS OF DATA, LOSS OF PROGRAMS, PROFIT, REVENUE OR BUSINESS, HOWSOEVER CAUSED (WHETHER ARISING OUT OF ANY NEGLIGENCE OR BREACH OF THIS LICENSE OR OTHERWISE), EVEN IF THE SAME WAS FORESEEABLE BY, OR THE POSSIBILITY THEREOF IS OR HAS BEEN BROUGHT TO THE ATTENTION OF, ACOUSTICA.
4. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY AGAINST ACOUSTICA FOR LOSS OR DAMAGE CAUSED BY ANY DEFECT OR FAILURE IN THE SOFTWARE REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BE, SUBJECT TO THIS LICENSE, THE FOREGOING SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AGAINST ACOUSTICA.
5. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY. THEREFORE, THE ABOVE EXCLUSIONS OR LIMITATIONS MIGHT NOT APPLY TO THAT EXTENT, AND NONE OF THE ABOVE SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.
6. This License is governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. Both parties submit to personal jurisdiction in California and further agree that any cause of action relating to this License shall be brought in a court in Fresno, California. If any provision of this License is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our control.
7. BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS LICENSE. YOU FURTHER AGREE THAT THIS LICENSE ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES, AND SUPERSEDE ANY AND ALL PRIOR AND CONTEMPORANEOUS WRITTEN OR ORAL AGREEMENTS EXISTING BETWEEN THE PARTIES WITH RESPECT TO SUCH SUBJECT MATTER. CERTAIN PROVISIONS OF THIS LICENSE MAY BE SUPERSEDED BY EXPRESSLY DESIGNATED LEGAL NOTICES OR TERMS LOCATED WITHIN THE ACOUSTICA WEB SITE.
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