Simplified Music Notation

Licence

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SOFTWARE LICENSE AGREEMENT

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE. THIS SOFTWARE LICENSE ALLOWS YOU TO USE THE SIBELIUS SIMPLIFIED MUSIC NOTATION PLUG-IN FOR PRIVATE, EDUCATIONAL AND NON-COMMERCIAL PURPOSES ONLY, AND RESTRICTS YOU FROM SELLING OR OTHERWISE COMMERCIALLY EXPLOITING MUSICAL NOTATION CREATED USING THE PLUG-IN. BY CLICKING ON THE "ACCEPT" BUTTON, OPENING THE PACKAGE, DOWNLOADING THE PRODUCT, OR USING ANY EQUIPMENT THAT CONTAINS THIS PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE, RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND, OR DO NOT DOWNLOAD THE PRODUCT.




Single User License Grant: Creative Arts Research Trust (“C.A.R.Trust”) grants to you ("The Customer") a nonexclusive and non transferable license to use the Sibelius Simplified Music Notation Plug-In ("The Software") for private, educational and non-commercial purposes only, and solely on a single central processing unit owned or leased by The Customer. This licence does not include any right to sell on, sub-licence or otherwise dispose of The Software, nor to sell or otherwise commercially exploit musical notation created using The Software. Multiple-Users License Grant: C.A.R.Trust grants to you ("The Customer") a nonexclusive and non transferable license to use the Sibelius Simplified Music Notation Plug-In ("The Software") for private, educational and non-commercial purposes only, and:


(i) installed in a single location on a hard disk or other storage device of a number of computers owned or leased by The Customer; or

(ii) provided the Software is configured for network use, installed on a single file server for use on a single local area network for either (but not both) of the following purposes:

(a) permanent installation onto a hard disk or other storage device of a number of computers owned or leased by The Customer; or

(b) use of the Software over such network, by a number of computers owned or leased by The Customer.

This licence does not include any right to sell on, sub-licence or otherwise dispose of The Software, nor to sell or otherwise commercially exploit musical notation created using The Software.




Single or Multiple-Users Licence cont: The Customer may only use The Software (i) for which the Customer has paid a fee and (ii) for which The Customer has received a product authorization key ("PAK"). The Customer grants to C.A.R.Trust or its independent accountants the right to examine its books, records and accounts during The Customer's normal business hours to verify compliance with the above provisions. In the event such audit discloses that any of the above clauses are breached, then C.A.R.Trust may immediately terminate this License. The Customer may make one (1) archival copy of The Software provided The Customer affixes to such copy all copyright, confidentiality, and proprietary notices that appear on the original. Except as expressly authorised above, The Customer shall not: copy, in whole or in part, The Software, modify The Software, reverse compile or reverse assemble all or any portion of The Software; or rent, lease, distribute, sell or create derivative works of The Software. The Customer acknowledges that all copyright and any other Intellectual Property right in The Software, including the specific design and structure of individual programs thereof, is the exclusive property of C.A.R.Trust. The Customer agrees not to disclose, provide, or otherwise make available any such copyright or other Intellectual Property right protected material in The Software in any form to any third party. The Customer agrees to implement reasonable security measures to protect such copyright or other Intellectual Property right protected material. Simplified Musical Notation is a musical notation system invented by Peter Hayes George, and which is protected in the European Union by European Community Design Registration No 387014, and in the United States by Design Patent No D545889. C.A.R.Trust is an Authorised User of Simplified Musical Notation and is entitled to enter into this Software License Agreement. The Customer acknowledges Peter Hayes George’s entire right, title and interest in Simplified Musical Notation, and agrees that all Intellectual Property Rights in, and relating to, Simplified Musical Notation shall remain vested in Peter Hayes George at all times. C.A.R.Trust warrants that for a period of ninety (90) days from the date of shipment of The Software:



(i) the media on which The Software is furnished will be free of defects in materials and workmanship under normal use; and

(ii) The Software substantially conforms to its published specifications.

Except for the foregoing, The Software is provided AS IS. This limited warranty extends only to The Customer as the original licensee. The Customer's exclusive remedy and the entire liability of C.A.R.Trust under this limited warranty will be, at C.A.R.Trust’s option, repair, replacement, or refund of The Software. In no event does C.A.R.Trust warrant that The Software is error free or that The Customer will be able to operate The Software without problems or interruptions. This warranty does not apply if The Software (a) has been altered, except by, C.A.R.Trust (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by C.A.R.Trust (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (d) is used in ultra hazardous activities. Disclaimer. Except as specified in this warranty, all express or implied conditions, representations and warranties including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, non-infringement or arising form a course of dealing, usage or trade practice, are hereby excluded to the extent allowed by applicable law. In no event will C.A.R.Trust be liable for any lost revenue, profit, or data, or for special, indirect, consequential, incidental or punitive damages however caused and regardless of the theory of liability arising out of the use of or inability to use The Software, even if C.A.R.Trust has been advised of the possibility of such damages. In no event shall C.A.R.Trust’s liability to The Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by The Customer. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. This License is effective until terminated. The Customer may terminate this License at any time by destroying all copies of The Software including any documentation thereof. This License will terminate immediately without notice from C.A.R.Trust if The Customer fails to comply with any provision of this License. Upon termination, The Customer must destroy all copies of The Software. If any portion hereof is found to be void or unenforceable, the remaining provisions of this License shall remain in full force and effect. This License constitutes the entire License between the parties with respect to the use of The Software.


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