End User License Agreement (EULA)

End User License Agreement (EULA) for the Musician Training Center Software by Micrologus.com

BY INSTALLING, COPYING OR USING THE SOFTWARE YOU AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY OR USE THIS SOFTWARE.

License

Subject to the terms and conditions of this Agreement, MICROLOGUS.COM, vendor of the Musician Training Center software (the "Software") hereby grants you, the software user ("You"), a non-exclusive, royalty-free, revocable, non-transferable, limited, copyright license to use the Software.

Scope of license

The software is licensed, not sold. This agreement only gives you some rights to use the software. Micrologus.com reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways.

Warranty disclaimer

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MICROLOGUS.COM DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL RUN UNINTERRUPTED OR ERROR-FREE OR WARRANTIES ARISING FROM CUSTOM OF TRADE OR COURSE OF USAGE. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SOFTWARE IS ASSUMED BY YOU.

Limitation of liability and indemnification

Micrologus.com will not, under any circumstances, be liable to You for any punitive, direct, indirect, incidental, special or consequential damages arising from the use of the software or this agreement even if Micrologus.com and its licensors have been advised of the possibility of such damages. In no event shall Micrologus.com's total liability to You for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by You for the use of the software. You agree to defend, indemnify and hold harmless Micrologus.com and its licensors, and any of their directors, officers, employees, affiliates or agents from and against any and all loss, damage, liability and other expenses (including reasonable attorneys' fees), resulting from Your use of the Software or violation of the terms and conditions of this Agreement.

Ownership and Copyright of Software

The Software, including all Intellectual Property Rights therein, is and remains the sole and exclusive property of Micrologus.com, and You shall have no right, title or interest therein except as expressly set forth in this Agreement. You agree to prevent any unauthorized copying of the Software. All title in and to the Software, all copies thereof (in whole or in part, and in any form), and all rights and Intellectual Property Rights therein shall remain vested in Micrologus.com.

Software components

The main program, Musician Training Center, the online MTC account, and the basic training functions included in the main program are free. You can download the main program for free from Micrologus.com's web site and install it on one or more computers for free.

Online Services

Micrologus.com provides additional online services for extending the functionality of the Software. In particular, Micrologus.com provides a free online account which can be used by the Software to store your musical training data, progress history, and other settings, on Micrologus.com's web site, for the purpose of backup and data synchronization among multiple computers.

While Micrologus.com will make reasonable efforts to maintain the online services in continuous operation, Micrologus.com does not make any guarantee about uptime and reserves the right to suspend or terminate its Online Services at any time.

Premium Modules

Premium Modules are premium courses and other premium Software components which are available for purchase separately from the main program. Premium modules must be activated after purchase by registration with a specific Musician Training Center account. Only the individual owner of the account is licensed to use the Premium Modules. You can install the Premium Modules in as many computers as you want, as long as You are the only user of the Premium Modules. Sharing Premium Modules in any way, including and not limited to sharing account password, redistributing copies of the Premium Modules' content, allowing third parties access to password-protected areas of the Software containing the Premium Modules, or in any other way giving access to third parties to the Premium Modules' content which is only licensed for your personal use, is expressly prohibited.

Restrictions

You may not:

a) Modify or create derivative works of the Software;
b) Distribute, publish, display, sublicense, assign or otherwise transfer the Software;
c) Decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form (except as allowed by applicable law);
d) Alter or remove any copyright, trademark or patent notice(s) in the Software;
e) Publish the software for others to copy;
f) Rent, lease or lend the software;
g) Transfer the software or this agreement to any third party;
h) Give access to the Premium modules (purchased courses) of the Software to third parties.

Data privacy

You agree that Micrologus.com may process technical and related information about Your use of the Software which may include internet protocol address, hardware identification, operating system, application software, peripheral hardware, and Software usage statistics to facilitate the provisioning of updates, support, invoicing or online services and may transfer such information to other companies for the purpose of providing such services to the users. Collected data is subject to Micrologus.com's Privacy Policy at http://www.micrologus.com/docs/privacy_policy

User support

Micrologus.com will provide user support via email at support@micrologus.com, via the web site www.micrologus.com and via the help system embedded in the Software.

Feedback

You have no obligation to give Micrologus.com any suggestions, comments or other feedback ("Feedback") relating to the Software. However, Micrologus.com may use and include any Feedback that it receives from You to improve the Software or other Micrologus.com products, software and technologies. Accordingly, for any Feedback You provide to Micrologus.com, You grant Micrologus.com a worldwide, non-exclusive, irrevocable, royalty-free, perpetual license to, directly or indirectly, use, reproduce, license, sublicense, distribute, make, have made, sell and otherwise commercialize the Feedback in the Software or other Micrologus.com products, software and technologies. You further agree not to provide any Feedback that (a) You know is subject to any Intellectual Property Rights of any third party or (b) is subject to license terms which seek to require any products incorporating or derived from such Feedback, or other Micrologus.com intellectual property, to be licensed to or otherwise shared with any third party.

Transmission

The parties agree the Software will be transmitted by remote telecommunication with the receipt of no tangible personal property.

Third Party Rights

Other than as expressly set out in this EULA, this EULA does not create any rights for any person who is not a party to it, and no person who is not a party to this EULA may enforce any of its terms or rely on any exclusion or limitation contained in it.

Product Guide

In addition to this EULA, Your use of the Software is subject to the terms and conditions of the Product Guide included in the Musician Training Center software.

Termination of license

This Agreement will terminate immediately without notice from Micrologus.com or judicial resolution if (1) You fail to comply with any provisions of this Agreement, or (2) You provide Micrologus.com with notice that You would like to terminate this Agreement. Upon termination of this Agreement, You must delete or destroy all copies of the Software.

Entire agreement

This Agreement sets forth the entire agreement and understanding between the parties with respect to the Software and supersedes and merges all prior oral and written agreements, discussions and understandings between them regarding the subject matter of this Agreement. No waiver or modification of any provision of this Agreement shall be binding unless made in writing and signed by an authorized representative of each party.

Contact information

You may direct physical correspondence to Micrologus.com, 97-38, 42nd ave, Corona, NY 11368, United States of America. If You have any questions concerning this EULA or the Musician Training Center software, please send an email to support@micrologus.com

BY INSTALLING, COPYING OR USING THE SOFTWARE YOU AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY OR USE THIS SOFTWARE.