Sonic Memo
By Jay Jennings 
Copyright 2003 Alakazam, LLC.
Another Mohawk Man Creation

Sonic Memo Software License

This license is an end user license for Sonic Memo software. This
license does not constitute proof of your license to use the
software. This license is subject to change without notice.

IMPORTANT -- READ CAREFULLY: BY INSTALLING, COPYING, DOWNLOADING,
ACCESSING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND
BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF
THIS LICENSE, DO NOT INSTALL, COPY, DOWNLOAD, ACCESS OR USE THE
SOFTWARE, AND PROMPTLY RETURN IT TO YOUR PLACE OF PURCHASE FOR A
REFUND.

*** Lawyer Free Zone ***

Here's the plain English version of the most asked about parts of
the license agreement: 

You have licensed Sonic Memo to help put streaming MP3 audio on
your web site, CD-ROM, or other digital product. You have NOT
licensed it for use on web sites, CD-ROMs, and other digital
products owned by someone else. 

Yes, you may send a copy to your webmaster or whomever helps you
administer your web site as long as that person is only using
Sonic Memo for YOUR sites, CDs, etc. 

*** End of Lawyer Free Zone ***


1. Grant of License. 
Subject to the terms of this Agreement,
Alakazam, LLC. ("Vendor") grants you a non-exclusive,
non-transferable license to use the Sonic Memo software program 
(the "Software"). You shall not sell, lease, assign, sublicense
or otherwise transfer or disclose the Software in whole or in
part, to any third party except as noted in 1a below. Use of the
Software is restricted to use for your own web sites, CD-ROMs,
etc., only. 
a. You may install and use as many copies of the
Software as you like (even on multiple computers) as long as the
Software is being used for your own personal web sites, CD-ROMs,
etc. For example, you can install a copy on your desktop system
and your laptop and then have your webmaster install a copy on
his or her machine -- as long as the Software is only being used
for digital products owned by you. 

2. Term of License. 
The license shall remain in effect until terminated. You may
terminate the license at any time by destroying all copies,
modifications, or merged portions of the Software. It will also
terminate if you fail to comply with any term or condition of
this Agreement. You agree upon such termination to destroy the
Software, any and all copies, modifications, or merged portions
in any form. 

3. Copyright. 
The Software and the accompanying
documentation is owned by Vendor and is protected by United
States copyright laws and international treaty provisions. You
may not modify, disassemble, decompile or reverse engineer the
Software or documentation, except as consented to in writing by
Vendor. You may not sublicense, assign or transfer this license
or the Software. 

4. Acknowledgment and Indemnity. YOU ACKNOWLEDGE
THAT THE FAILURE TO PROPERLY OPERATE THE SOFTWARE LICENSED
HEREUNDER, INCLUDING THE TIMELY AND ACCURATE INPUT AND
TRANSMISSION OF ALL AND ANY DATA, COULD RESULT IN PROPERTY
DAMAGE, PERSONAL INJURY OR DEATH THAT MIGHT HAVE BEEN AVOIDED IF
THE SOFTWARE HAD BEEN PROPERLY OPERATED IN A TIMELY MANNER.

You agree to indemnify and hold Vendor harmless from any and all
claims, damage, loss, cost, expense or other liability for
property damage, personal injury, wrongful death or any other
claim resulting from the negligent failure to properly operate
the Software, including the timely and accurate input and
transmission of ALL and ANY data. 

5. Limited Warranty. 
Vendor warrants that the Software will perform substantially in
accordance with the accompanying Vendor end-use documentation for
a period of sixty (90) days from the date of purchase. THIS
WARRANT IS EXCLUSIVE AND VENDOR MAKES NO OTHER WARRANTY, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

6. Remedies.
If you believe that the Software has not performed in accordance
with the foregoing limited warranty, you must notify Vendor in
writing not more than 90 days after the end of the applicable
warranty period. In the event such limited warranty has been
breached, Vendor shall, at its option, either (i) repair or
replace the Software free of charge, or (ii) accept the return of
the Software and refund the purchase price therefor.

No Liability for Damages. IN NO EVENT WILL VENDOR BE LIABLE TO
YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
OF BUSINESS INFORMATION, LOST SAVINGS, PERSONAL INJURY, WRONGFUL
DEATH, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF VENDOR OR AN
AUTHORIZED DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY, EXCEPT TO THE
EXTENT OF THE REMEDIES DESCRIBED ABOVE IN THE EVENT OF THE BREACH
OF THE LIMITED WARRANTY DESCRIBED ABOVE. 

7. Governing Law. 
The parties agree that any dispute or default arising from this
Agreement shall be governed by the internal law of the State of
Washington, and each party agrees to submit to the jurisdiction
and venue of the Circuit Court of Kittitas County, Washington.


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