This End-User License Agreement (EULA) is a legal agreement
between you (either as an individual or on behalf of an entity) and Songify regarding
your use of our desktop applications, including Songify for Windows (the
"Software").
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, DO
NOT INSTALL, USE OR COPY THE SOFTWARE.
Summary
You must agree to all of the terms of this EULA to use this Software.
If
so, you may use the Software for free and for any lawful purpose.
This Software automatically communicates with Songify and GitHub
servers for two reasons: (1) to receive and install updates (through GitHub);
and (2) to
send anonymized usage information. You can view sample data to see what
information is sent, and you may opt out of sending the anonymized usage data.
This Software is provided "as-is" with no
warranties, and you agree
that Songify.rocks is not liable for anything you do
with it.
You really ought to just go ahead and read the whole EULA.
It's not all that long. You should not only rely on this summary.
The Agreement
By
downloading, installing, using, or copying the Software,
you accept and agree to be bound by the terms of this EULA. If you do not agree
to all of the terms of this EULA, you may not download, install, use or copy
the Software.
The License
This
EULA entitles you to install as many copies of the
Software as you want, and use the Software for any lawful purpose consistent
with this EULA. Your license to use the Software is expressly conditioned upon
your agreement
to all of the terms of this EULA. This software is licensed, not
sold. Songify reserves all other rights not granted by this EULA.
The Restrictions
When using the Software you must use
it in a manner that complies
with the applicable laws in the jurisdiction(s) in which you use the Software.
You may not sell, resell, rent, lease or exchange the
Software for anything of value.
You may redistribute
the software, but it must include this
EULA and you may not repackage or bundle the Software with any other software.
You may not remove or alter any proprietary notices or marks
on the Software.
Privacy Notices
The
Software automatically communicates with Songify and GitHub
servers for two purposes: (1) updating the Software; and (2) sending anonymized
usage data so we may improve the Software. If you would like to learn more
about the
specific information we send, please visit http://songify.rocks/usage_data.html.
You may opt out of sending the anonymized usage data, but if you
do not want the Software to update automatically,
you must uninstall the
Software.
Automatic Software Updates. The Software communicates with
GitHub (and sends information described at the URL above) to determine whether
there are any patches, bug fixes,
updates, upgrades or other modifications to
improve the Software. You agree that the Software may automatically install any
such improvements to the Software on your computer without providing any
further notice or receiving
any additional consent. This feature may not be
disabled. If you do not want to receive automatic updates, you must uninstall
the Software.
Anonymized Usage Data. Songify collects anonymized data
about your usage of
the Software to help us make it more awesome. Approximately
twice a day the Software sends such data (as described in more detail at the
URL above) to Songify‘s servers. If you do not want to send anonymized usage
data to
Songify, you may opt out by changing your settings in the Settings
view.
Open-Source Notices
Certain components of the Software may be subject to
open-source software licenses ("Open-Source
Components"), which means
any software license approved as open-source licenses by the Open Source
Initiative or any substantially similar licenses, including without limitation
any license that, as a condition of distribution
of the software licensed under
such license, requires that the distributor make the software available in
source code format. The Software documentation includes copies of the licenses
applicable to the Open-Source Components.
To
the extent there is conflict between the license terms
covering the Open-Source Components and this EULA, the terms of such licenses
will apply in lieu of the terms of this EULA. To the extent the terms of the
licenses applicable
to Open-Source Components prohibit any of the restrictions
in this Agreement with respect to such Open-Source Component, such restrictions
will not apply to such Open-Source Component. To the extent the terms of the
licenses
applicable to Open-Source Components require Licensor to make an offer
to provide source code in connection with the Product, such offer is hereby
made, and you may exercise it by contacting info@songify.rocks
Intellectual Property Notices
The
Software and all worldwide copyrights, trade secrets,
and other intellectual property rights therein are the exclusive property of Songify.
Songify reserves all rights in and to the Software not expressly granted to you
in
this EULA.
Disclaimers and Limitations on Liability
THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, AND
NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. YOUR USE OF THE SOFTWARE IS
AT
YOUR SOLE RISK. Songify does not warrant that (i) the Software will meet
your specific requirements; (ii) the Software is fully compatible with any
particular platform; (iii) your use of the Software will be uninterrupted,
timely,
secure, or error-free; (iv) the results that may be obtained from the
use of the Software will be accurate or reliable; (v) the quality of any
products, services, information, or other material purchased or obtained by you
through
the Software will meet your expectations; or (vi) any errors in the
Software will be corrected.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SONGIFY SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SONGIFY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATED TO
THE SOFTWARE,
including, for example: (i) the use or the inability to use the Software; (ii) the cost of
procurement of substitute goods and services resulting from any goods, data,
information or services purchased or obtained
or messages received or
transactions entered into through or from the Software; (iii) unauthorized
access to or alteration of your transmissions or data; (iv) statements or
conduct of any third-party on the Software; (v) or
any other matter relating to
the Software.
Songify reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Software (or any part
thereof) with or
without notice. Songify shall not be liable to you or to any
third-party for any modification, price change, suspension or discontinuance of
the Software.
Miscellanea
This EULA constitutes
the entire agreement between you and Songify
and governs your use of the Software, superseding any prior agreements between
you and Songify (including, but not limited to, any prior versions of the
EULA).
This EULA agreement, and any dispute arising out of or in
connection with this EULA agreement, shall be governed by and construed in
accordance with the laws of de.
Please send any questions about this EULA to info@songify.rocks.