Guitar and Bass Ear Trainer 1.5

EULA - End User License Agreement

END-USER LICENSE AGREEMENT Copyright Notice The product, Guitar Bass Ear Trainer TRIAL (in whole or in part, including all files, data, and documentation, from here on referred to as "Software") is Copyright 2005 ByEar.com all rights reserved, and is protected by copyright laws, international treaties and all other applicable national or international laws. The sole owner of this product is ByEar.com Terms of Use Subject to the provisions contained herein, ByEar.com hereby grants you a License to use Guitar Bass Ear Trainer - TRIAL free of charge. Limited Distribution License Permission is granted to individuals, webmasters, FTP archive managers, BBS user groups, mail-order disk vendors, CD-ROM publishers, and other file-distribution networks, charging at most nominal fees, to distribute GUITAR BASS EAR TRAINER - TRIAL provided they convey a complete and unaltered copy of the product's original installation file, GBET-SETUP.EXE and provided they claim no ownership of the product. Title Title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain in ByEar.com. Source code You acknowledge that the Software in source code form remains a confidential trade secret of ByEar.com and/or its suppliers and therefore you agree not to attempt to decipher, decompile, disassemble or reverse engineer the Software or allow others to do so, except to the extent applicable laws specifically prohibit such restriction. You further agree not to modify or create derivative works of the Software. You may not use, copy, modify, translate, or transfer the product or any copy except as expressly defined in this agreement. You may not remove or modify any copyright notice, nor any "about" page or dialog or the method by which it may be invoked. Indemnification You agree to indemnify and hold harmless ByEar.com, its affiliates, agents, licensors, suppliers and any third party providers from and against any and all damages, losses, costs including attorney's fees and expenses resulting from any violation of this agreement. DISCLAIMER OF WARRANTY The Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not ByEar.com assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the agreement. Some States/jusrisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary from State to State or by jurisdiction. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT, OR OTHERWISE, SHALL ByEar.com OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL ByEar.com BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE PRICE PAID FOR THE SOFTWARE. Miscellaneous This Agreement represents the complete and exclusive statement of the agreements concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND ByEar.COM AGREES TO FURNISH THE SOFTWARE AND DOCUMENTATION ONLY UPON THESE TERMS AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability (i) of such provision under other circumstances or (ii) of the remaining provisions hereof under all circumstances. Contact: http://www.ByEar.com info@byear.com