End User License Agreement for the Java Music Specification Language Software Development Kit (JMSL) BEFORE YOU USE THE SOFTWARE DISTRIBUTED WITH THIS LICENSE AGREEMENT, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY USING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND DESTROY ALL COPIES OF THE SOFTWARE FROM YOUR COMPUTER. This license applies to the the Free JMSL Lite, the Registered Developer License, and group or site licenses. Any differences between the licenses will be marked where approprate. 1a. algomusic.com, (the "Company") grants you (the "Customer") a worldwide, non-exclusive, restricted right and license to use the accompanying JMSL (the "Software"), in binary executable form to develop software and to create music. The Software is formed of the JMSL libraries, compiled Java classes, example programs in source code format, and documentation. 1b. In addition the Company grants Customers who have purchased a Registered Developer License, or is a member of a group which has purchased a site license, (the "Registered Developer") access to a restricted web page on the Company web site that contains downloadable software solely for the use of licensed developers. The amount of the license fee is available on the Company website at "http://www.algomusic.com/jmsl/purchase.html". 2a. The Software is licensed, not sold. The Software is protected by copyright law and international copyright treaty provisions, as well as other intellectual property laws and treaties. Customer must not allow copies of the Software or any part of it to be made or distributed to anyone else. Customer may make backup copies of the software for archival purposes only. The Customer acknowledges that a separate Redistribution License from the Company is required in order to redistribute any part of this Software. Music created using JMSL may be freely performed in public and freely redistributed in non-executable form, for example AIFF, WAV, MP3 files or Audio CDs. The Customer may publish Java Applets that use the JMSL API on any non-commercial web site. The Customer may not directly link to non-HTML, binary or archive files on the www.algomusic.com website. 2b. In addition, Registered Developers may publish Java Applets that use the JMSL API on a "small-scale commercial web site" that is defined as any web site that generates less than the equivalent of US$20,000.00 in gross revenue per year. 3a. For single user licenses: The Software may only be used on a single computer. Customer may delete the Software from one computer and reinstall it on another, but Customer may not install the Software on more than one computer at any given time without the Company's prior written permission. If you have purchased multiple licenses for the Software, then at any time you may have as many copies of the Software in use as you have licenses. 3b. For group or site licenses: The Software may be used on any computers permitted within the scope of the purchase agreement. For academic site licenses, the Software may be used by faculty, staff and students of that licensed institution for any purpose related to the educational activities of that institution. 3c. The Software is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM or other storage device) of that computer. 4. The Software may not be rented, leased, or in any other manner commercially exploited without the Company's prior written permission. This License is personal to Customer and Customer agrees not to assign your rights herein. 5. LIMITATION OF WARRANTY. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION PLAYED BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THE COMPANY MAY NOT SUPPORT THIS SOFTWARE AND MAY NOT ISSUE UPDATES TO THIS SOFTWARE. 6. All video, audio, and other content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright law. This License gives Customer no rights to such content, and Company disclaims any liability for misuse of content. 7. The Company reserves the right at any time to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the released product. 8. Title, ownership rights, and intellectual property rights in and to the Software shall remain in the Company and/or its suppliers. Customer agrees to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws. Customer acknowledges that the Software remains proprietary and confidential information and intellectual property of the Company and/or its suppliers and therefore Customer agrees not to modify the Software or attempt to decipher, decompile, disassemble or reverse engineer the Software, except to the extent applicable laws specifically prohibit such restriction. Reproduction and/or redistribution of any portion of the Software is specifically prohibited without the Company's prior written permission. 9. Any Party may terminate the Term of this Agreement effective upon written notice to the other Parties if any other Party materially breaches any of such Party's obligations under this Agreement, and that Party has not cured the breach within thirty (30) days after notice of the breach from the non-breaching Party. However, in case of termination, Sections 5 through 10 of this Agreement shall indefinitely survive its termination. This License shall be governed by and construed in accordance with the laws of the State of California with exclusive venue in courts located in Marin County, California, and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. This License sets forth the entire agreement between the Company and Customer. 10. DISCLAIMER OF LIABILITY. THE COMPANY OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR (a) DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OF ANY SORT WHATSOEVER, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE, (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, REVENUES, OR INFORMATION, OR FOR BUSINESS INTERRUPTION) RESULTING FROM CUSTOMER'S USE OF THE SOFTWARE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR (b) FOR ANY CLAIM BY ANY OTHER PARTY THAN CUSTOMER. THIS DISCLAIMER OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY WHERE THE APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO CUSTOMER. 11. HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). The Company and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. 12. The Company does not represent or warrant that the Software is free of infringement of any third-party patents.