Power Music Organizer End-User License Agreement (EULA)
1. End-User License Agreement. This End-User License Agreement ("Agreement") is a legal agreement between you, the individual user ("User"), and George Taylor ISD ("George Taylor") for the Power Music Organizer program to which this Agreement is attached to or is a part of ("Power Music Organizer"). George Taylor includes any and all materials, printed or electronic, furnished together with or in conjunction with the Power Music Organizer program and shall include all modifications and versions thereof. Any reference made in this Agreement to George Taylor shall be deemed to include, its subsidiaries, successors, assignees, affiliates and any company that controls George Taylor, directly or indirectly, and any other subsidiary of such controlling company.
2. Acceptance of Terms and Conditions. Your installation or use of the Power Music Organizer Software shall be deemed your acceptance to be bound by all the terms and conditions of this Agreement. If you do not fully agree with all the terms and conditions of this Agreement, please refrain from installing or using the Power Music Organizer Software or accessing and using the services included in the Power Music Organizer Web Site.
3. Grant and Termination of License. George Taylor hereby grants User a license, on an "AS-IS, WHERE-IS" basis, for purely private personal use and with no right to sublicense, to install and use the Power Music Organizer Software in accordance with the terms and conditions of this Agreement. User acknowledges and agrees that the license is being granted without consideration other than User's faithful compliance with such terms and conditions. Any use of the Power Music Organizer Software in violation of or not in strict compliance with such terms and conditions shall constitute the automatic termination of the license and the Agreement and shall equally constitute a bar to User's access and use of the Power Music Organizer product. In addition, George Taylor may exercise any and all rights and remedies it may have. Upon such termination, User shall destroy his/her copies of the Power Music Organizer Software.
4. Intellectual Property Rights. The Power Music Organizer Software, any and all of its aspects, parts or components, or any combination or permutation of such aspects, parts and components, unless otherwise stated by George Taylor, and unless stated in the Power Music Organizer product credits, are the exclusive intellectual property of George Taylor and are protected under intellectual property laws and treaties. Generally, User may not exercise any ownership rights over the Power Music Organizer Software, any and all of its aspects, parts or components, or any combination or permutation of such aspects, parts and components and may not exercise any rights over the same other than as specifically granted by this Agreement. Specifically, User may not use in an unintended manner, copy, distribute, reverse engineer, decompile or disassemble the Power Music Organizer Software, any and all of its aspects, parts or components, or any combination or permutation of such aspects, parts and components for use, profit, or a competitive purpose.
5. Availability, Modifications and Reduction of Software Functionalities. User acknowledges and agrees that George Taylor may, at its sole discretion, at any time, without prior notice and without liability to any user or third party, limit, deny, create varying priorities or access to different users or different levels of service, update, modify or terminate, temporarily or permanently some or all of the functionality of the Power Music Organizer Software or the Power Music Organizer Web Site. User acknowledges and agrees to assume all risks relating to or arising out of such acts by George Taylor to the exclusion of George Taylor.
6. User shall not use the Power Music Organizer Software for purposes contrary to law, customs and morals.
7. Charge for Use. The continued use of Power Music Organizer beyond the evaluation period and/or functional limitations shall be subject to the then in effect shareware license fee charged by George Taylor on each of the respective installations of the Power Music Organizer software. George Taylor reserves the right to suspend licenses or withhold support services until all outstanding licenses are paid for in full by the User.
8. Disclaimer of Warranties. GEORGE TAYLOR MAKES NO AND HEREBY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE POWER MUSIC ORGANIZER SOFTWARE AND THE POWER MUSIC ORGANIZER WEB SITE. USER ASSUMES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE POWER MUSIC ORGANIZER SOFTWARE AND THE POWER MUSIC ORGANIZER WEB SITE TO THE EXCLUSION OF GEORGE TAYLOR.
9. Limitation of Liabilities. GEORGE TAYLOR WILL NOT BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY AND ALL DAMAGES, HOWEVER CLASSIFIED OR CATEGORIZED, ARISING OUT OF OR RELATED TO THE USE OR NON-USE, MISUSE, INABILITY TO USE, AVAILABILITY OR RELIANCE ON THE POWER MUSIC ORGANIZER SOFTWARE AND THE POWER MUSIC ORGANIZER WEB SITE NOTWITHSTANDING THE FACT THAT GEORGE TAYLOR SHALL HAVE BEEN INFORMED OR NOTIFIED OF THE POSSIBILITY OF THE INSTANCE OF SUCH DAMAGES. GEORGE TAYLOR SHALL ALSO NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY COPYRIGHTED DIGITAL CONTENT THAT YOU MAKE AVAILABLE TO OTHER POWER MUSIC ORGANIZER USERS. GEORGE TAYLOR ASSUMES THAT YOU OWN THE RIGHTS TO ANY AND ALL OF THE CONTENT YOU MAKE AVAILABLE TO OTHER POWER MUSIC ORGANIZER USERS NOTWITHSTANDING THE FACT THAT GEORGE TAYLOR SHALL HAVE BEEN INFORMED OR NOTIFIED OF THE POSSIBILITY OF THE INSTANCE OF SUCH COPYRIGHT INFRINGEMENT.
10. Amendment of Terms and Conditions. George Taylor may, at his sole and exclusive discretion, amend, modify, vary or altogether change the terms and conditions of this Agreement. By maintaining usage of the Power Music Organizer Software and the Power Music Organizer Web Site for a period of thirty (30) days after such change is posted on the Power Music Organizer Web Site, User is deemed to have agreed to amended, modified, varied or new terms and conditions.