This End-User License Agreement ("EULA") is a legal agreement between (a) you (either an individual or a single entity) and (b) 42NETMedia Ltd. ("42NETMedia") that governs your use of any Software Product, installed on or made available by 42NETMedia Ltd.
BY CLICKING "I ACCEPT THE AGREEMENT", OR BY TAKING ANY STEP TO INSTALL OR USE THE SOFTWARE PRODUCT, YOU (1) REPRESENT THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN YOUR STATE, PROVINCE JURISDICTION OF RESIDENCE AND, IF APPLICABLE, YOU ARE DULY AUTHORIZED BY YOUR EMPLOYER TO ENTER INTO THIS CONTRACT AND (2) YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THE EULA TERMS, DO NOT USE THE SOFTWARE PRODUCT.
GRANT OF LICENSE. The Software Product includes two types of computer software (1) software that is owned by 42NETMedia Ltd. (and may include associated media, and "online" or electronic documentation) (collectively the "Software Product") and (2) other software provided by third parties and used with the Software Product ("Third Party Software"). 42NETMedia Ltd. grants you the following non-exclusive rights provided you agree to and comply with all terms and conditions of this EULA:
a. Use. You may use the Software Product on your computer (or computers if the Software Product is sold to you for use on multiple computers). You may not use the Software Product on additional computers and do not have the right to distribute the Software Product. You agree to only use the Software Product as expressly permitted herein.
b. Reservation of Rights. The Software Product is licensed, not sold, to you by 42NETMedia Ltd.. 42NETMedia Ltd. and its suppliers own all right, title and interest in and to the Software Product and reserve all rights not expressly granted to you in this EULA. You agree to refrain from any action that would diminish such rights or would call them into question.
c. Third Party Software. Notwithstanding the terms and conditions of this EULA, all or any portion of the Software Product which constitutes Third Party Software, is licensed to you subject to the terms and conditions of the software license agreement accompanying such Third Party Software whether in the form of a discrete agreement, shrink wrap license or electronic license terms accepted at time of download. Use of the Third Party Software by you shall be governed entirely by the terms and conditions of such license.
d. Support. Technical support for the Software Product is not included for the free installation package, however Support is available via e-mail or online chat during regular business hours CET. Technical Support may be offered by 42NETMedia Ltd. as a paid support service if required.
UPGRADES. To use a Software Product identified by 42NETMedia Ltd. as an upgrade, you must first be licensed for the original Software Product identified by 42NETMedia Ltd. as eligible for the upgrade. After upgrading, you may no longer use the original Software Product that formed the basis for your upgrade eligibility and the upgraded software shall be deemed the "Software Product".
ADDITIONAL SOFTWARE. This EULA applies to updates or supplements to the original Software Product provided by 42NETMedia Ltd. unless 42NETMedia Ltd. provides other terms along with the update or supplement. In case of a conflict between such terms, the other terms will prevail.
a. Third Party. The Software Product may only be transferred to another end user as part of a transfer of the computer(s) on which it is installed. Any transfer must include all component parts, media, printed materials and this EULA. Prior to the transfer, the end user receiving the transferred product must agree to all the EULA terms. Upon transfer of your computer(s), your license is automatically terminated and you are no longer permitted to use the Software Product.
b. Restrictions. You may not rent, lease or lend the Software Product or use the Software Product for commercial timesharing or bureau use. You may not sublicense, assign or transfer the license or Software Product except as expressly provided in this EULA.
PROPRIETARY RIGHTS. All intellectual property rights in the Software Product and user documentation are owned by 42NETMedia Ltd. or its suppliers and are protected by law, including but not limited to copyright, trade secret, and trademark law, as well as other applicable laws and international treaty provisions. The structure, organization and code of the Software Product are the valuable trade secrets and confidential information of 42NETMedia Ltd. and its suppliers. You shall not remove any product identification, copyright notices or proprietary restrictions from the Software Product.
LIMITATION ON REVERSE ENGINEERING. Except to the extent that such restriction is not permitted under applicable law, you are not permitted (and you agree not to) reverse engineer, decompile, disassemble or create derivative works of or modify the Software Product. Nothing contained herein shall be construed, expressly or implicitly, as transferring any right, license or title to you other than those explicitly granted under this EULA. 42NETMedia Ltd. reserves all rights in its intellectual property rights not expressly agreed to herein. Unauthorized copying of the Software Product or failure to comply with the restrictions in this EULA (or other breach of the license herein) will result in automatic termination of this Agreement and you agree that it will constitute immediate, irreparable harm to 42NETMedia Ltd. for which monetary damages would be an inadequate remedy, and that injunctive relief will be an appropriate remedy for such breach.
TERM. This EULA is effective unless terminated or rejected. This EULA will also terminate immediately and without additional notice in the event you breach this EULA and/or fail to comply with any term or condition of this EULA.
CONSENT TO USE OF DATA. You agree that 42NETMedia Ltd. and its affiliates or suppliers may collect and use statistics on your use of the Software Product in performing backup operations and technical information you provide in relation to support services related to the Software Product. 42NETMedia Ltd. and its suppliers agree not to use this information in a form that personally identifies you except to the extent necessary to provide such services.
DISCLAIMER OF WARRANTIES.
a. You acknowledge that the Software Product is for backup and redundancy only, and should not be used as a sole or primary source of storage. YOU AGREE THAT THE USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK AS TO SATISFACTORY QUALITY PERFORMANCE, ACCURACY AND EFFORT. Use of the Software Product may adversely affect the operation of other software and devices. To the maximum extent permitted under applicable law, the Software Product is offered on an "AS-IS" basis and 42NETMedia Ltd. does NOT warrant that the functions contained in the Software Product will meet your requirements or that the operation of the Software Product will be uninterrupted or error free or that such errors will be corrected. Computer software is inherently subject to bugs and potential incompatibility with other computer software and hardware. You should not use the Software Product for any applications in which failure could cause any significant damage or injury to persons or tangible or intangible property.
b. EXCEPT AS MAY BE SET OUT IN A SPECIFIC WARRANTY ACCOMPANYING THE SOFTWARE PRODUCT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 42NETMedia Ltd. AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT AND THIRD PARTY SOFTWARE "AS IS" AND WITH ALL FAULTS AND WITHOUT ANY OTHER WARRANTY OF ANY KIND, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF LACK OF VIRUSES ALL WITH REGARD TO THE SOFTWARE PRODUCT ANDTHIRD PARTY SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY 42NETMedia Ltd. OR A 42NETMedia Ltd. AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to you in its entirety. To the extent applicable law requires 42NETMedia Ltd. to provide warranties, you agree that the scope and duration of such warranty shall be to the minimum extent permitted under such applicable law.
c. IN NO EVENT DOES 42NETMedia Ltd. PROVIDE ANY WARRANTY OR REPRESENTATIONS WITH RESPECT TO ANY THIRD PARTY HARDWARE OR SOFTWARE WITH WHICH THE SOFTWARE PRODUCT IS DESIGNED TO BE USED, AND 42NETMedia Ltd. DISCLAIMS ALL LIABILITY WITH RESPECT TO ANY FAILURES THEREOF.
LIMITATION OF LIABILITY. Notwithstanding any damages that you might incur, the entire liability of 42NETMedia Ltd. and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Software Product. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 42NETMedia Ltd. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THIRD PARTY SOFTWARE AND/OR THIRD PARTY HARDWARE USED WITH THE SOFTWARE PRODUCT, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS EULA), EVEN IF 42NETMedia Ltd. OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
INDEMNITY. You agree to indemnify and hold 42NETMedia Ltd. and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement, your violation of any laws, regulations or third party rights or your negligent act, omission or willful misconduct.
U.S. GOVERNMENT CUSTOMERS. The Software Product is a "Commercial Item" as that term is defined in
COMPLIANCE WITH LAWS. You shall comply with all laws and regulations of the United States and other countries ("Export Laws") to ensure that the Software Product is not (1) exported, directly or indirectly, in violation of Export Laws, or (2) used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation. You further agree that you will not use the Software Product for any purpose prohibited under applicable law.
APPLICABLE LAW. This EULA is governed by the laws of Hungary exclusive of conflict of law provisions and you attorn to the jurisdiction of the courts of Hungary with respect to any proceedings arising from this EULA. The parties hereby agree that this Agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods.
ENTIRE AGREEMENT. This EULA is the entire agreement between you (user) and 42NETMedia Ltd. relating to the Software Product and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software Product or any other subject matter covered by this EULA. To the extent the terms of any 42NETMedia Ltd. policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. In the event of a conflict between the English and any non-English versions of this EULA, the English version shall govern. If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provision of the EULA will remain in force and effect. Sections 5, 6, 9, 10, 11, 14 and 15 shall survive termination of this EULA.
Third-party applications/modules licence:
Libsndfile is released under the terms of the GNU Lesser General Public License, of which there are two versions; version 2.1 and version 3. To maximise the compatibility of libsndfile, the user may choose to use libsndfile under either of the above two licenses. You can also read a simple explanation of the ideas behind the GPL and the LGPL here.
You can use libsndfile with Free Software, Open Source, proprietary, shareware or other closed source applications as long as libsndfile is used as a dynamically loaded library and you abide by a small number of other conditions (read the LGPL for more info). With applications released under the GNU GPL you can also use libsndfile statically linked to your application.
I would like to see libsndfile used as widely as possible but I would prefer it if you released software that uses libsndfile as Free Software or Open Source. However, if you put in a great deal of effort building a significant application which simply uses libsndfile for file I/O, then I have no problem with you releasing that as closed source and charging as much money as you want for it as long as you abide by the license.
fhgaacenc is distributed with libsndfile version 1.0.24, which is released under GNU LGPL.
You can get the source code of libsndfile in http://www.mega-nerd.com/libsndfile/
See http://www.gnu.org/licenses/lgpl.txt for GNU LGPL.
Copyright (C) 1999-2011 Erik de Castro Lopo
This program is free software: you can redistribute it and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation, either version 2.1 of the License, or (at your option) any later version.
This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.? See the GNU Lesser General Public License for more details.
You should have received a copy of the GNU Lesser General Public License along with this program.? If not, see <http://www.gnu.org/licenses/
This file is under the restrictions of the LGPL.
*** IMPORTANT NOTE ***
The decoding functions provided in LAME use a version of the mpglib decoding engine which is under the GPL.? They may not be used by any program not released under the GPL unless you obtain such permission from the MPG123 project (www.mpg123.de). (yes, we know MPG123 is currently under the LGPL, but we use an older version that was released under the former license and, until someone tweaks the current MPG123 to suit some of LAME's specific needs, it'll continue being licensed under the GPL)
The library is released under the GPL with the following exception:
Linking this library statically or dynamically with other modules is making a combined work based on this library. Thus, the terms and conditions of the GNU General Public License cover the whole combination.
As a special exception, the copyright holders of this library give you permission to link this library with independent modules to produce an executable, regardless of the license terms of these independent modules, and to copy and distribute the resulting executable under terms of your choice, provided that you also meet, for each linked independent module, the terms and conditions of the license of that module. An independent module is a module which is not derived from or based on this library. If you modify this library, you may extend this exception to your version of the library, but you are not obligated to do so. If you do not wish to do so, delete this exception statement from your version.
Note The exception is changed to reflect the latest GNU Classpath exception. Older versions of #ziplib did have another exception, but the new one is clearer and it doesn't break compatibility with the old one.
Bottom line In plain English this means you can use this library in commercial closed-source applications.
#ziplib has intially been developed by Mike Krueger, however, much existing Java code helped a lot in speeding the creation of this library. Therefore credits fly out to other people.
The current maintainer of #ziplib is David Pierson. Please contact him regarding features, bugs etc via the forum: http://community.sharpdevelop.net/forums/12.aspx
BASS.NET is the property of radio42 and is protected by copyright laws and international copyright treaties.
BASS.NET is not sold, it is licensed.
The freeware version of BASS.NET is free for non-money making use. If you are not charging for or making any money with your software AND you are an individual person (not a company) AND your software is intended for personal use only, then you can use the BASS.NET API in your software for free. Free in this case means, that the you can use BASS.NET without any further license fees. It does NOT mean that you are free to change, copy, redistribute, share or use BASS.NET in any purpose.
By using this software, you agree to the following conditions:
-The freeware version of BASS.NET is distributed under the license of radio42 (see LICENSE.rtf)
-The LICENSEE (you) may not charge for or make any money with the software using the freeware version of BASS.NET
-It is prohibited to change any of the provided source code and ALL the files must at any time remain intact and unmodified
-You may not decompile, disassemble, reverse engineer or modify any part of BASS.NET
-The LICENSEE (you) may ONLY distribute the DLL part of BASS.NET (Bass.Net.dll). No other part of BASS.NET may be distributed
-You may not resell or sublicense BASS.NET
-A splash screen will appear every time at startup (unless you obtained a valid Registration-Key)
-You are NOT allowed to pass your personal Registration-Key to anyone at anytime!
-Your products must be end-user products, eg. not components used by other products. Please note that a licence only covers your own software, not the publishing of other's software
Please note, that you also need to take care of all BASS modules and their respective rights.
BASS.NET is free for non-commercial use. If you are a non-commercial entity (eg. an individual) and you are not charging for your product, and the product has no other commercial purpose, then you can use BASS.NET in it for free.