License agreement MAGIX Software License Agreement PLEASE READ THIS LICENCE CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. OBJECT OF CONTRACT The MAGIX product accompanying this License (hereinafter "Software"), regardless of the media on which it is distributed, is licensed to you by MAGIX Corporation (hereinafter "MAGIX") on a non-exclusive basis. You own the medium on which the Software is recorded but MAGIX retains title to the Software, all sound and video files provided with the Software and related documentation. This License allows you to use the Software and the sound and video files on a single computer and make one copy of the Software in machine-readable form for backup purposes only. You must reproduce on such copy the MAGIX copyright notice and any other proprietary legends that were on the original copy of the Software and the sound and video files. If the program package contains more than one media form, the licensing is restricted to only one media form. USE OF SOUND AND VIDEO FILES: You may use the sound and video files of MAGIX-Products for non-commercial purposes only. Any commercial use of the Software and/or the sound and video files is only permitted after written approval by a duly authorized representative of MAGIX. Any commercial use of both the original files or modified files or works which are created with the MAGIX music files, or any other form of commercial use, is prohibited, unless the corresponding MAGIX-Product (or its packaging) is expressly marked with the reference "royalty-free". All the music files of MAGIX-Products marked with the reference "royalty-free" can be used royalty-free for commercial or personal purposes under the condition that the created works visibly contain the reference "MAGIX CREATION". You will find the logo "MAGIX CREATION" on our website http://www.magix.com. If you do not have internet access, call MAGIX and you`ll receive the logo by mail. For works created with the versions "MAGIX music maker professional", "MAGIX @udio & video office", "MAGIX @udio & video office premium" or "Samplitude 5.9 and following versions" and its included music files, you are not obligated to use the logo "MAGIX CREATION". RESTRICTIONS You may not surrender the original sound, video or program files to third parties. You may not modify, network, rent, lend, loan, distribute for payment or free of charge, or create derivative works based upon the Software or the original sound and video files in whole or in part. The Software contains copyrighted material, trade secrets and other proprietary material. In order to protect them, and except as permitted by applicable legislation, neither you nor third parties may imitate, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. The Software may not be used in any other way than according to the provisions made in this License Agreement neither by you nor by third parties. You may not electronically transmit the Software nor the original sound and video files from one computer to another or over a network. TERMINATION This License is effective until terminated. You may terminate this License at any time by destroying the Software, related documentation and sound and video files and all copies thereof. This License will terminate immediately without notice from MAGIX if you fail to comply with any provisions of this License. Upon termination you must destroy the Software, related documentation and fonts and all copies thereof. LIMITED WARRANTY ON MEDIA MAGIX warrants the diskettes and/or compact disc on which the Software and fonts are recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by a copy of the receipt. MAGIX' entire liability and your exclusive remedy will be replacement of the diskettes and/or compact disc not meeting MAGIX' limited warranty and which is returned to MAGIX or a MAGIX authorized representative with a copy of the receipt. MAGIX will have no responsibility to replace a disk/disc damaged by accident, abuse or misapplication. ANY IMPLIED WARRANTIES ON THE DISKETTES AND/OR COMPACT DISC, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS; AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. DISCLAIMER OF WARRANTY ON SOFTWARE You expressly acknowledge and agree that use of the Software and sound and video files is at your sole risk. The Software, related documentation and sound and video files are provided "AS IS" and without warranty of any kind and MAGIX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAGIX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE AND THE SOUND AND VIDEO FILES WILL BE CORRECTED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. FURTHERMORE, MAGIX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE AND SOUND AND VIDEO FILES OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MAGIX OR A MAGIX AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT MAGIX OR A MAGIX AUTHORIZED REPRESENNATATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR WARRANTIES. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES EXCLUDING GROSS NEGLIGENCE OR DELIBERATE ACTION, SHALL MAGIX, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) EVEN IF MAGIX OR A MAGIX AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MAGIX' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE AND SOUND AND VIDEO FILES. MAGIX is not liable for losses which arise on account of improper use of the CD ROM or CD +. In this respect, MAGIX once again points out that when playing the CD + in an audio CD player, for example, the first track may not be played as the appliances connected to it can thus be damaged. CONTROLLING LAW AND SEVERABILITY This License shall be governed by and construed in accordance with the laws of the United States and the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect. LICENSE CONDITIONS OF OTHER PRODUCERS If the licensed product contains an additional software or an additional software is enclosed with the license product, the conditions for application and license of producers who supplied the additional software are valid. SUPPORT Registered users will be provided with electronic Internet support. This free support covers all advice to clarify installation questions or to solve installation problems via Internet or E-mail. COMPLETE AGREEMENT This License constitutes the entire agreement between the parties with respect to the use of the Software, the related documentation and sound and video files, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of MAGIX.
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