END USER LICENSE AGREEMENT
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This copy of Visual Salsa ("the Software Product") and accompanying documentation is licensed and not sold. This software product is protected by copyright law and treaties, as well as laws and treaties related to other forms of intellectual property. Salsa Rhythm Software, Uri Shaked, or its subsidiaries, affiliates, and suppliers (collectivity "the Copyright Holders") own intellectual property rights in the Software Product. The Licensee's ("you" or "your") license to download, use, copy, or change the Software Product is subject to these rights and all the terms and conditions of this End User License Agreement ("Agreement").
1. Acceptance
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL THE TERMS OF THIS AGREEMENTS BEFORE YOU DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.
2. License Grant
This Agreement entitles you to install and use any number of copies of the Software Product. In addition, you may make an archival copy of the Software Product. You may give away copies of the Software Product in its unaltered, unmodified form, provided that these copies are given free for any charge.
3. Restrictions on Transfer
Without first obtaining the express written consent of the Copyright Holders, you may not assign your rights and obligations under this Agreement, or redistribute, sell, rent, lease, sublicense or otherwise transfer your rights to the Software Product.
4. Restrictions on Use
You may not decompile, "reverse-engineer", disassemble or otherwise attempt to derive the source code for this software product.
You may not use the any of the songs, rhythm information database or any kind of media or data that is includes in the Software Product with any software other than the Software Product.
5. Restrictions on Alternation
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying media or documentation. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the rhythm information database portion or any part of it.
6. Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY THE COPYRIGHT HOLDERS, THE COPYRIGHT HOLDERS MAKE NO OTHER WARRANTIES, EXPRESS ON IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT.
The Copyright Holders make no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. The Copyright Holders make no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. THE COPYRIGHT HOLDERS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL THE COPYRIGHT HOLDERS, THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR THE USE OF THE SOFTWARE PRODUCT. WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF THE COPYRIGHT HOLDERS OR ANY OTHER PARTY, EVEN IF ANY OF THE COPYRIGHT HOLDERS IS ADVISED BEFOREHAND, OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS THE COPYRIGHT HOLDERS' ABILITY OF DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
7. Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of the Copyright Holders. The Copyright Holders reserve the right to substitute a functionally equivalent copy of the Software Product as a replacement. If the Copyright Holders are unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product and any extension packages purchased directly from within the Software Product.
Any claim must be made within the applicable warranty period of 30 days. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by the Copyright Holders to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold the Copyright Holders harmless from all claims, judgments, liabilities, expenses or costs arising from your breach this Agreement and/or acts or omissions.
8. Governing Law, Jurisdiction, and Costs
This agreement is governed by the laws of Israel, without regards to Israel's conflict or choice of law provisions.
9. Severability
If any provisions of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.