IZOTOPE, INC. SOFTWARE LICENSE AGREEMENT
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND IZOTOPE, INC. ("iZotope"). READ THIS AGREEMENT CAREFULLY BEFORE YOU CLICK ON THE “I ACCEPT” BUTTON BELOW. BY CLICKING ON THE “I ACCEPT” BUTTON, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS.
LICENSE. Subject to all the terms and conditions of this Agreement, you (an entity or a person) may use the version of the iZotope software product accompanying this Agreement, and any user documentation provided, whether in printed, "online" or electronic form (collectively, the "Software"), either on a stand-alone computer or on a network, on any one computer at any one time. If more than one user will be using the Software at any one time, you must obtain from iZotope an additional license for each additional concurrent user of the Software. The Software is "in use" on a computer when loaded into memory (RAM). You may make one copy of the Software solely for backup or archival purposes if all copyright and other notices are reproduced on that copy, or you may copy the Software to a single hard disk provided you keep the original solely for backup or archival purposes. If the Software is an upgrade, you must have a license for the product from which it is upgraded. If you receive the Software in more than one media, that does not affect the number of licenses you are receiving or any other term of this Agreement.
OWNERSHIP. The copyrights, patents, trade secrets and all other intellectual property rights in the Software and documentation (including any images, photographs, animations, video, audio, music and text incorporated in them) are owned by iZotope or its suppliers and are protected by the copyright, patent and other laws of the United States and other countries and by international treaty provisions. iZotope retains all rights not expressly granted in this Agreement.
OTHER RESTRICTIONS. You may not modify, adapt, decompile, disassemble or otherwise reverse engineer the Software, except to the extent this restriction is expressly prohibited by applicable law. You may not loan, rent, lease, or license the Software, but you may permanently transfer your rights under this Agreement provided you transfer this Agreement, the Software, and all accompanying printed materials and retain no copies, and the recipient agrees to the terms of this Agreement. Any such transfer must include the most recent update and all prior versions.
LIMITED WARRANTY. iZotope warrants that, for a period of thirty (30) days from your date of receipt, the Software will substantially conform to the applicable user documentation provided with the Software. Any implied warranties which may exist despite the disclaimer herein will be limited to thirty (30) days. This Limited Warranty is void if failure of the Software is due to accident, abuse or misapplication. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so this limitation may not apply to you.
YOUR REMEDIES. iZotope's sole obligation and your exclusive remedy for any breach of warranty will be, at iZotope's sole option, either the return of the purchase price you paid or, if you return the Software, together with all media and documentation and a copy of your receipt, to the location where you obtained it during the warranty period, the repair or replacement of the Software, media and documentation. Outside the United States, neither these remedies nor any support services are available without proof of purchase from an authorized non-U.S. source.
DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IZOTOPE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IZOTOPE DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR ERROR-FREE. THE WARRANTY AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. The Limited Warranty set forth herein gives you specific legal rights, and you may have others under applicable law, which may vary depending on your location. No dealer, distributor, agent or employee of iZotope is authorized to change or add to the warranty and remedies set forth herein. Any other software furnished with or accompanying the Software is not warranted by iZotope.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IZOTOPE WILL HAVE NO LIABILITY FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS FOR LOSS OF PROFITS, BUSINESS, GOODWILL, DATA OR OTHER ASSETS, OR COMPUTER PROGRAMS) EVEN IF IZOTOPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL IZOTOPE BE LIABLE FOR ANY AMOUNTS EXCEEDING THE AMOUNTS RECEIVED FROM YOU FOR YOUR LICENSE OF THE SOFTWARE. Some jurisdictions do not allow exclusion or limitation of liability for consequential or incidental damages, so this limitation may not apply to you.
TERMINATION. The Agreement will terminate automatically if you fail to comply with any of its terms. On termination, you must destroy all copies of the Software.
LICENSES TO U.S. GOVERNMENT. This paragraph applies to all acquisitions of the Software by or for the federal government, or by any prime contractor or subcontractor (at any tier) under any contract, grant, cooperative agreement or other activity with the United States government (collectively, the “Government”). By clicking “I ACCEPT” below, you are agreeing on behalf of the Government that the Software and any documentation related thereto are respectively “commercial computer software” and “commercial computer software documentation” within the meaning of the acquisition regulation(s) applicable to this procurement. These terms and conditions alone will govern the Government’s use of the Software and will supersede any conflicting contractual terms or conditions. If the license granted by these terms and conditions fails to meet the Government’s needs or is inconsistent in any respect with Federal law, the Government must return the Software unused to iZotope. Contractor/Manufacturer is iZotope, Inc., 139 Main Street, Cambridge, MA 02142.
GENERAL. The export of the Software from the United States and re-export from any other country is governed by the U.S. Department of Commerce under the export control laws and regulations of the United States and by any applicable law of such other country, and the Software may not be exported or re-exported in violation of any such laws or regulations. This Agreement is the complete and exclusive statement of the agreement between you and iZotope and supersedes any proposal or prior agreement, oral or written, and any other communications relating to the subject matter of this Agreement. This Agreement will be governed by and interpreted under the laws of the Commonwealth of Massachusetts, United States of America, without regard to conflicts of law provisions; however, if you acquired the Software outside the United States, local law may override this sentence and apply instead. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This Agreement is in the English language only, which language will be controlling in all respects, and all versions of this Agreement in any other language will be for accommodation only.
Should you have any questions about this Agreement or iZotope's software use policies, or if you desire to contact iZotope for any other reason, in the U.S., please write to Customer Service, iZotope, Inc., 139 Main Street, Cambridge, MA 02142, or email sales@izotope.com; outside the U.S., please contact the iZotope representative or affiliate serving your country or, if you are unsure whom to contact, iZotope at the above location.
Please indicate that you understand and accept these terms by clicking the “Agree” button. If you do not accept these terms, installation will terminate.
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