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Dolet 3 for Finale
Software License Agreement

IMPORTANT! Before downloading or using this Software and Documentation, you should carefully read the following terms and conditions which contain terms relating to limitation and exclusion of liability. By clicking on the "I accept" button at the end of this agreement or by downloading or using the Software and Related Materials, you indicate your acceptance of the following Software License Agreement ("Agreement"). If you do not accept the terms and conditions of this Agreement, you should make no further use of the Software or Documentation. The Software is licensed only on the condition that the licensee (referred to in this Agreement as "YOU") agrees with Recordare LLC (referred to in this Agreement as "Recordare") to the terms and conditions set forth in the following legal agreement.

If you are making use of the Software in your capacity of employee/representative of a company or organization, you warrant that you are authorized to legally bind such company or organization. If you are not so authorized, please obtain acceptance of this Agreement from an authorized representative.

  1. License Grant. Recordare will grant You a nontransferable, nonexclusive license to use Dolet 3 for Finale in binary, object code form (the "Licensed Software") and the accompanying documentation (the Licensed Software and the documentation, if any, are referred to in this Agreement as the "Licensed Materials"), if You agree to the following terms and conditions. YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE LICENSED MATERIALS, IN WHOLE OR IN PART, EXCEPT AS PROVIDED IN THIS AGREEMENT.
     
  2. Term; Termination. This Agreement is effective from the date on which You download the Licensed Software. This Agreement may be terminated by You at any time by destroying the Licensed Materials, together with all copies. It will also terminate automatically and without notice if You fail to comply with any term or condition of this Agreement.
     
  3. Evaluation and Registration. This is not free software. You are hereby licensed to use the Licensed Software for evaluation purposes without charge for a period of 30 days. If you use Licensed Software after the 30 day evaluation period, a registration fee as more fully described on the Recordare Online Store website (http://store.recordare.com) is required. Payments must be in U.S. dollars. Unregistered use of the Licensed Software after the 30-day evaluation period is in violation of U.S. and international copyright laws.
     
  4. Ownership. The Licensed Materials are the sole and exclusive property of Recordare.
     
  5. Copy Restrictions. (a) You are authorized to: (i) use one copy of the Licensed Software on a single computer. The Licensed Software is in “use on a computer when it is loaded into the temporary memory (RAM) or installed onto permanent memory (hard disk, CD-ROM, or other storage device) of that computer; (ii) maintain one copy of the Licensed Software for archival purposes, or copy the Licensed Software onto the hard disk of your computer and retain the original for archival purposes; (iii) Home Use: The primary user of the computer on which the Licensed Software is installed or used may also install the Licensed Software on one home or portable computer. However, the Licensed Software may not be used on the secondary computer by another person at the same time the Licensed Software on the primary computer is being used.

    (b) You are not authorized to: (i) sublicense, rent or lease any portion of the Licensed Software; (ii) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Licensed Software, create derivative works from the Licensed Software or otherwise use the Licensed Software except as stated in this agreement; (iii) copy the documentation.
     
  6. Protection and Security. You agree to use your best efforts and take all reasonable steps to safeguard the Licensed Materials to ensure that no unauthorized person shall have access thereto and that no unauthorized copy, publication, disclosure or distribution, in whole or in part, in any form shall be made. You acknowledge that the Licensed materials contain valuable, confidential information and trade secrets and that unauthorized use and/or copying are harmful to Recordare.
     
  7. Duty to Backup Data. IT IS YOUR RESPONSIBILITY TO MAINTAIN PERIODIC BACKUP COPIES OF ALL DATA AND PROGRAMS USED IN CONJUNCTION WITH THE LICENSED SOFTWARE TO PREVENT CATASTROPHIC LOSS.
     
  8. Limited Warranty. Because Recordare cannot know the purposes for which You acquired the Licensed Software or the uses to which You will put the Licensed Software, You assume full responsibility for the selection of the Licensed Software and for its installation and use and the results of that use.
     
  9. Warranty Disclaimers; Liability Limitations. (a) RECORDARE MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE LICENSED SOFTWARE AND IT IS LICENSED "AS IS." THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR FIRM ARE VOID.

    (b) YOU AGREE NOT TO USE THE LICENSED SOFTWARE IN ANY SITUATION WHERE SIGNIFICANT DAMAGE OR INJURY TO PERSONS, PROPERTY OR BUSINESS COULD OCCUR FROM A SOFTWARE ERROR.

    (c) YOU ASSUME ALL RISK AS TO THE SELECTION, USE, PERFORMANCE AND QUALITY OF THE LICENSED MATERIALS. IN NO EVENT WILL RECORDARE OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE LICENSED MATERIALS BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS OR INABILITY TO USE THE LICENSED MATERIALS, EVEN IF RECORDARE OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RECORDARE'S OR SUCH OTHER PARTY'S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE PRICE PAID FOR THE LICENSED MATERIALS.

    (d) Some states and/or countries do not allow limitations on how long an implied warranty lasts and some states and/or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state and/or country to country.
     
  10. General. (a) If any provision or portion of a provision of this Agreement is determined to be invalid or unenforceable, it shall be deemed omitted and the remaining provisions of this Agreement shall remain in full force and effect.

    (b) This Agreement is governed by and construed in accordance with the laws of the State of California. Any suit brought with respect to this Agreement may be brought ONLY in San Francisco and must be filed no later than one (1) year after the acquisition date of the Software.

    (c) This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements and undertakings are hereby expressly cancelled.

    (d) Should you have any questions regarding this Agreement, you may contact Recordare by email at support at recordare dot com.
     
  11. U.S. Government Restricted Rights. The Licensed Materials are provided with RESTRICTED RIGHTS. The use, duplication, or disclosure by the Government is subject to restrictions as set forth in subdivision (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at 52.227-7013. The contractor/ manufacturer of this Software is Recordare LLC, P.O. Box 3459, Los Altos, CA 94024-0459.

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Copyright © 2005 Recordare LLC.

Last updated August 11, 2005.