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End-User Licence Agreement: Dance ejay 4

By installing this CD-ROM you declare acceptance of the terms of the licence agreement, so please read this licence carefully before installing the CD-ROM. If you do not agree to any of the terms and conditions contained within this licence, do not install the software. Return the CD-ROM to your supplier together with proof of purchase for a full refund.

1. Copyright and Licence Grant.

a) Copyright
The copyright and ancillary copyright in this software, audio recordings and accompanying documentation ("Software") and any copies of the Software are owned by eJay AG("eJay") or its suppliers.

The Software is protected by copyright and ancillary copyright laws and international treaty provisions and all other applicable national laws. You must treat the Software like any other copyrighted material.

b) Licence Grant
eJay grants you a nonexclusive and non-transferrable personal licence ("Licence") to install the Software on one single hard disk and in compliance with the restrictions and limitations defined in subparagraph 2 hereunder and to use the enclosed Software for the creation of original audio tracks ("Derivative Work").

You may claim ownership to the composition of such Derivative Works created by you with the Software and are entitled to make such Derivative Works available to the public, however you are NOT entitled to license or sell the Software (including any individual elements of the Software such as audio recordings or samples contained within this CD-ROM) to any third party.

For the avoidance of doubt, if any third party makes a legal claim with respect to the ownership of the Derivative Work, you will be wholly responsible for defending such claims and eJay accepts no responsibility in or liability for defending such claims. The Software in this package and any copies, which this Licence authorises you to make, are subject to the terms contained herein. All rights not expressly granted to you under this Licence are reserved by eJay.

2. Permitted Use and Restrictions.

This Licence allows you to install and use the Software on a single computer and a single screen at a time. This Licence does not allow for the Software to be installed or used on more than one computer at a time. You may not install the Software on any computer or system, which permits electronic access to it by more than one user. You may make one copy of the Software in machine-readable form for backup purposes only; this can only exist on one computer at any time. The backup copy must include all copyright information contained on the original. Except as permitted by applicable law and this Licence, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute the Software in whole or in part or transmit the Software over a network of any kind. You may, however, transfer your rights under this Licence provided you transfer the related documentation, this Licence and a copy of the Software to a party who agrees to accept the terms of this Licence and you ag

ree to destroy any other copies (including back-up copies) of the Software in your possession. Such a transfer terminates your licence with eJay to use the Software. Your rights under this Licence will terminate automatically without notice from eJay if you fail to comply with any term(s) set out in this Licence. You may not copy the user documentation accompanying the Software.

The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer.

The Software is licensed with the Computer as a single integrated product. The Software may only be used with the Computer.

3. Disclaimer of Warranty on Software.
The Software is provided "AS IS" and without warranty of any kind and eJay and eJay's licensee(s) (for the purposes of provisions 3 and 4, eJay and eJay's licensee(s) shall be collectively referred to as "eJay") EXPRESSLY DISCLAIM ALLWARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. eJay DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE eJay SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE eJay SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE eJay SOFTWARE WILL BE CORRECTED. FURTHERMORE, eJay DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE eJay SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE G

IVEN BY eJay OR AN eJay AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE eJay SOFTWARE PROVE DEFECTIVE, YOU (AND NOT eJay OR AN eJay AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING eJay PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY eJay's NEGLIGENCE. FOR ANY JURISDICTIONS THAT DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES AND YOU ARE ABLE TO RETURN A FAULTY PRODUCT, SUCH PRODUCTS MAY BE RETURNED TO eJay IF RETURNS INCLUDE PROOF OF PURCHASE AND THE ORIGINAL PACKAGING. eJay WILL REFUND THE PRICE OF THE PRODUCT.

4. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL eJay BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENCE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall eJay's total liability to you for all damages exceed the amount paid for the Software. You shall load and use the Software at your own risk and in no event will eJay be liable to you (except for personal injury or death resulting from eJay's negligence) including lost profits or other consequential loss arising from your use or inability to use the Software or from errors or deficiencies in it whether caused by negligence or otherwise except as provided herein.

5. Termination
The Licence shall automatically terminate, without notice from eJay, if you fail to comply with any provisions of the Licence. Upon termination you must destroy the CD-ROM on which the Software is recorded and permanently remove any part of the Software loaded onto the hard disk of the computer under your control.

6. Applicable Law
This Licence shall be governed by the German law. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Licence shall continue in full force and effect.

7 Entire Agreement
This Licence constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Licence will be binding unless in writing and signed by eJay.

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