AND CONDITIONS OF USE
read this Stoppani License Agreement (“Agreement”) carefully before
installing the Stoppani Software. This
Agreement states the terms and conditions upon which George Stoppani (“Stoppani”)
offers to license the Stoppani Software.
By installing or otherwise using this software, you acknowledge that
you have read this Agreement, and that you agree to be bound by its terms and
conditions. If you do not agree
to all the terms and conditions of this Agreement you may not install the
Agreement is effective as of the original date of acceptance of this Agreement
or upon downloading,
installation, or copying of any or all versions of the Stoppani Software,
whichever occurs first. The
parties are Stoppani, as the licensor, and you (as an individual or entity),
as the licensee.
Stoppani Software is provided and owned by Stoppani.
You acknowledge and understand that you will use the Stoppani Software
in accordance with the terms and conditions of this Agreement solely for
personal use in connection with the field of musical instrument construction
and acoustic-related analysis and research.
hereby grants to you a personal, limited, non-exclusive, non-transferable
license to install, use, access, display, and run the Stoppani Software
provided that you comply with all the terms and conditions of this Agreement.
shall not (a) distribute, transfer,
assign, sublicense, rent, lease, loan, or electronically send the Stoppani
Software; (b) reproduce the Stoppani Software, or allow any other person to
use the Stoppani Software; (c) modify, adapt, or create any derivative works
of the Stoppani Software; (d) use the Stoppani Software for any purpose other
than for acoustic-related use in connection with the field of musical
instrument construction, research, and analysis.
This Agreement does not convey to you any interest in or to the
Stoppani Software, but only a limited right of use, revocable in accordance
with the terms of this Agreement. You
acknowledge and agree that all right, title and interest in and to the
Stoppani Software are and shall remain the property of Stoppani.
ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY
not reverse engineer, decompile, or disassemble the Stoppani Software.
OF RIGHTS AND OWNERSHIP; INTELLECTUAL PROPERTY RIGHTS
hereby acknowledge and agree that Stoppani owns and retain all rights, title,
and interest in and to the Stoppani Software, regardless of the form or media
in or on which the original or other copies may subsequently exist including,
without limitation, all copyrights, trademarks, patents and trade secret
rights inherent therein or appurtenant thereto.
Stoppani reserves all rights not expressly granted to you in the
Stoppani Software is provided “as is” and without warranties of any kind
either express, implied, statutory, or arising from custom or trade,
including, but not limited to, the implied warranties of merchantability,
fitness for a particular purpose, and non-infringement.
Stoppani accepts no responsibility for errors or technical difficulties
with the functionality of the Stoppani Software.
Stoppani will not and does not guarantee, represent, or warrant that
the Stoppani Software will be free from bugs, viruses, errors, infection,
worms, trojan horses, or other code or defects that manifest contaminating or
destructive properties, or other program limitations, although Stoppani has
made his best efforts to avoid such limitations, contaminating, or destructive
properties. You are responsible
for implementing sufficient firewalls, protections, and procedures to satisfy
your particular requirements for protection of your system.
OF LIABILITY AND INDEMNIFICATION
is not liable for damages, whether special, incidental, consequential,
indirect, exemplary, or punitive, whether based in breach of contract, tort
(including negligence), strict liability, product liability, or otherwise
arising out of or in connection with the Stoppani Software or this Agreement.
You agree to indemnify, defend, and hold Stoppani harmless from and
against any and all claims, liability, or expenses, including attorney’s
fees, arising in any way from your use of the Stoppani Software related to any
breach of these terms and conditions by you.
party may terminate this Agreement at any time.
You may use this software for as long as you like, however, Stoppani
reserves the right to terminate the Agreement at any time if you do not adhere
to these terms and conditions.
shall not transfer, assign, nor sublicense any of your rights or obligations
under this Agreement. Stoppani
may transfer, assign sublicense or pledge in any manner whatsoever, any of his
rights and obligations under this Agreement to any third party whatsoever,
without notifying you or receiving your consent.
legal action arising from or out of this Agreement shall be governed by the
laws of the United Kingdom. The
sole jurisdiction and venue for any litigation arising from use of the
Stoppani Software shall be an appropriate court in the United Kingdom.
acknowledge having read this Agreement, understanding it, and agree to be
bound by its terms and conditions. You
further agree that this Agreement is the entire agreement between Stoppani and
you with respect to the Stoppani Software license and supersedes all prior
agreements (whether written or oral) and other communications between Stoppani
and you with respect to the Stoppani license.