Mufin Eula 1
Det börjar buzzas lite här och där om det nya programmet mufin, som analyserar vilken typ av musik du har utifrån hur den låter och ger förslag på ny musik du skulle kunna tänkas gilla. Neat, huh? Fast man undrar ju lite hur det funkar med integritet och vilke typ av information som programmet skickar tillbaka till tillverkaren Magix. Användaravtalet dyker upp i en liten ruta när man installerar programmet, men man är ju ofta lite för otålig för att läsa sånt mitt uppe i den processen. Så här har jag som en service kopierat och klistrat in användaravtalet för dig att insupa medans du bestämmer dig för om Magix Mufin är något för dig. Väl bekomme.
MAGIX AG
LICENCE CONDITIONS:
1. CONTRACT PURPOSE:
MAGIX grants you (customer) a non-exclusive licence for the enclosed MAGIX product. You are granted the right to use the purchased software as well as the music and video files on a desktop with a CPU or in a network with a fileserver (user connection, i.e. on various stations in the network, however only you (customer) may use the MAGIX product). If a program package contains more than one type of media, you are only licensed to use one type of media. Ownership, copyright and other proprietary rights related to the software remain with MAGIX. You acknowledge the licensor's ownership as well as all proprietary rights to the software, music and video files, back up copies and documentation. The software, including the music and video files, may not be passed on, licensed, rented or leased, either subject to or free of charge. For any type of guarantee, the product must be registered with MAGIX by way of a registration card or fax. Responsibility for proper contractual usage of the licensed programs lies with the buyer of the programs.
2. COPY PROHIBITION:
You are prohibited from copying both the license program and the written documentation in whole or in part. Production of a software copy for back-up purposes is excluded from this provision.
3. TRANSFER AND SUB-AGREEMENTS:
The transfer of rights and obligations under this licence contract to third parties is only permitted on authorisation from MAGIX with the exception of personal transfer of the legally acquired MAGIX product by the rightful owner. No verbal or written statements made by MAGIX or any MAGIX employee can alter or question the validity of this licence agreement.
4. AMENDMENT PROHIBITION:
You may not make any changes to the licensed software, personally or via third parties. You may not disassemble the software into its components, nor modify the object code, decompile, copy or use in any way other than that foreseen in the contract.
5. USE OF THE MUSIC AND VIDEO FILES:
The music and video files contained in MAGIX products are exclusively for non-commercial purposes (purely personal use). Any commercial application of the software and/or music and video files is only permitted on receipt of express written authorisation from MAGIX. Any commercial use of the original files as well as modified files or new works derived from MAGIX music files, or commercial application of any other kind Art, is expressly prohibited, unless the respective MAGIX product (or packaging) is expressly identified as "royalty-free".
All music files from MAGIX products identified as "royalty-free" can be used for commercial or personal purposes on condition that the work produced is visibly identified with the label (incl. logo) "MAGIX CREATION". You will find this label and logo on our Internet site - http://www.magix.com. If you do not have Internet access, please call MAGIX and we will send the label/logo by post.
There is no obligation to identify work created with the products "MAGIX music maker professional", "MAGIX @udio & video office", "MAGIX @udio & video office premium" or "Samplitude 5.9 and following versions" and the associated music files, with this label and logo.
6. COMPENSATION FOR DAMAGES:
MAGIX is entitled to proprietary and copyright protection for the licensed software as well as the music and video files. Anyone responsible for any violations against such rights may be sued by MAGIX.
7. GUARANTEE AND LIABILITY:
a) You are aware that state of the art software programs and associated documentation may contain errors, and that it is not possible to develop data processing programs in such a way that they are error-free for all application conditions and all customer requirements, or error-free in conjunction with all third-party programs and hardware. The object of the contract is therefore software that is generally useable in the sense of the program description and user instructions. MAGIX provides no assurances of particular features and usability related to planned customer-specific applications.
b) Insofar as such is permitted under the respective national legal practice, MAGIX restricts its liability to the extent that the software, related documentation, 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.
Otherwise, MAGIX will be liable in accordance with the principles outlined in c) and d) below.
c) If MAGIX provides the customer with programs and services free of charge, then MAGIX's warranty of title and quality title will be restricted, in view of the free availability, to cases of malicious withholding of deficiencies by MAGIX.
Other liability by MAGIX will be restricted, in view of the free availability, to cases of intent and gross negligence.
d) In the case of remunerated services, MAGIX will be liable for pecuniary damage related to all contractual and non-contractual claims, including liability for contractual negotiations (regardless of legal basis) only as follows:
- Contractual and non-contractual obligation to compensate for damages on the part of MAGIX and it agents is given only in cases of violation of cardinal duties, where the customer is particularly entitled to expect fulfilment. Exclusion of liability does not apply to cases of intent and gross negligence.
- MAGIX's liability does not extend to contract-untypical and other unpredictable damage or impairment/loss of saved data; and liability for lost profits, direct and indirect consequential damage is expressly excluded, unless it can be proven that MAGIX acted with intent or gross negligence.
- In any event, MAGIX's liability is limited to the licence fee paid by the customer. This exclusion does not apply to damage caused through intent or gross negligence on the part of MAGIX.
Deficiencies must be reported immediately on recognition and at the latest within 30 days. If the customer establishes deviations within this period between the program and the program description, he/she is entitled to send the deficient software back to the supplier and to demand appropriate corrective action. The deficiency must be redressed within a reasonable period, which may also be effected - at the discretion of MAGIX - through an appropriate new delivery of the product or program version with comparable performance scope. If such redress (incl. new delivery) is not possible within a reasonable period or if the redress action fails, the customer is then entitled to contract cancellation, conditional upon destruction of all copes made, or reduction in price as appropriate. Further guarantee claims are expressly excluded. In the event that the customer refuses to accept a new delivery, or new program version, MAGIX is then released from all obligations related to the original deficiency. Guarantee entitlement ceases six months after delivery in any event.
8. LICENCE CONDITIONS OF OTHER MANUFACTURERS:
If the licensed product contains additional software or should additional software be integrated, then compliance with the use and licence conditions of the manufacturer of said delivered additional software is also compulsory.
9. SUPPORT:
Registered users receive electronic Internet support. The free support encompasses clarification of installation questions and installation problems by Internet or E-mail.
10. VALIDITY OF CONTRACTUAL CONDITIONS:
Should one or more of the conditions in this contract be or become invalid, this will not affect the validity of the remaining contract. A substitute provision will replace the invalid condition, such as comes closest to the intended purpose. Place of performance for delivery purposes in Europe is Munich. General place of jurisdiction is Munich. The contract is subject to the law of the Federal Republic of Germany.
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INTERBASE PUBLIC LICENSE
Version 1.0
1. Definitions.
1.0.1. "Commercial Use" means distribution or otherwise making the Covered Code available to a third party.
1.1. ''Contributor'' means each entity that creates or contributes to the creation of Modifications.
1.2. ''Contributor Version'' means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.3. ''Covered Code'' means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.
1.4. ''Electronic Distribution Mechanism'' means a mechanism generally accepted in the software development community for the electronic transfer of data.
1.5. ''Executable'' means Covered Code in any form other than Source Code.
1.6. ''Initial Developer'' means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.
1.7. ''Larger Work'' means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.8. ''License'' means this document.
1.8.1. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.9. ''Modifications'' means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is:
A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous Modifications.
1.10. ''Original Code'' means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.11. ''Source Code'' means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.12. "You'' (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You'' includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control'' means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
(a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or selling of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are effective on the date Initial Developer first distributes Original Code under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for code that You delete from the Original Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license
(a) under intellectual property rights (other than patent or trademark) Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or portions thereof); and 2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first makes Commercial Use of the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for any code that Contributor has deleted from the Contributor Version; 2) separate from the Contributor Version; 3) for infringements caused by: i) third party modifications of Contributor Version or ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Code in the absence of Modifications made by that Contributor.
Innebär avtalet att Magix ärver mig, om jag använder programmet felaktigt.
