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ListeningSingingTeacher End user license agreement

License Agreement

License

The software, the documentation and any accompanying files are licensed to you by AlgorithmsAndDataStructures F. Rudin, Hombergweg 3, CH-4433 Ramlinsburg, Switzerland.

By installing the software you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install the software and delete the files belonging to this software.

Permitted uses

The license allows you to download, install and use the software on a single computer. You are allowed to use a limited (only the first three lessons are available) version of the software for ten hours (actual usage time) for testing and learning purposes free of charge. After using the software 10 hours you must buy a serial number to be entitled to use this software further or else delete the software and all accompanying material and copies. Payment permits continued use of this version of the installed software on this computer and access to all lessons. There is no warranty on the software. The tracking down of errors on other machines than ours is far too complicated. If you discover a software fault, please notify us.
Restrictions

You are not allowed to redistribute, rent, lend, or lease this software. Purchase of a license restricts use to the computer you installed the software on. If you sell or give away the computer the software is installed on, you are required to remove the installed software from the computer prior to transfer of the computer to another person. Remind you: Part of the software is from esellerate, MindVision Software, USA, which contains cryptographic code, which is subject to export laws.

You are not allowed to disassemble, decompile, “unlock”, reverse engineer, or in any manner decode the software.


CD Delivery

When ordering the product you may be presented with an eCD option. This option allows you to order a physical CD with the download item on the CD. This service is provided to you by esellerate, Lincoln, Nebraka, 68507. The version on the CD may differ from the trial version you may have downloaded. In case you have downloaded the trial version some time ago, it may be a newer version, or in rare cases it may be an older version (check the version numbers).
The CD cost is nonrefundable. If you receive a CD that is damaged or defective, it will be replaced at no charge.

Copyright

The license issuer, AlgorithmsAndDataStructures, owns this software, documentation and any accompanying files. You are not allowed to redistribute this software, documentation or any accompanying files. You are allowed to make personal copies for your own use only.

You may make copies for backup and archival purposes, provided that the original and each copy are kept in your possession.

Web-Sites are allowed to make links to the owner's site (e. g. direct download links to the author's site).

If you have a valid license, then you may install and use the software on any computer owned by you, presumed that the license transfer process works. However, you have no claim that such a transfer works (Hardware or Operating Release changes or software errors may make this impossible). In addition the license permits you the use of the software on a maximum of three computers -you own - at a time. If you wish to use the software on more than three computers at the same time, you must license an additional serial number.


This software contains codes, which are dependent on third party products and libraries. For those parts the following copyrights apply:

1. OpenAL on Macintosh

Copyright (c) 2004, Apple Computer, Inc. All rights reserved.

Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.

3. Neither the name of Apple Computer, Inc. ("Apple") nor the names of its
contributors may be used to endorse or promote products derived from
this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY APPLE AND ITS CONTRIBUTORS "AS IS" AND ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL APPLE OR ITS CONTRIBUTORS BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.

2. OpenAL on Windows

During the Installation you will be asked to accept the licence terms of Openal.

3. Glut32.dll (Windows only)

Glut32.dll is under LGPL (GNU Lesser General Public License):

GNU LESSER GENERAL PUBLIC LICENSE
Version 3, 29 June 2007

Copyright (C) 2007 Free Software Foundation, Inc. <http://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.


This version of the GNU Lesser General Public License incorporates
the terms and conditions of version 3 of the GNU General Public
License, supplemented by the additional permissions listed below.

0. Additional Definitions.

As used herein, "this License" refers to version 3 of the GNU Lesser
General Public License, and the "GNU GPL" refers to version 3 of the GNU
General Public License.

"The Library" refers to a covered work governed by this License,
other than an Application or a Combined Work as defined below.

An "Application" is any work that makes use of an interface provided
by the Library, but which is not otherwise based on the Library.
Defining a subclass of a class defined by the Library is deemed a mode
of using an interface provided by the Library.

A "Combined Work" is a work produced by combining or linking an
Application with the Library. The particular version of the Library
with which the Combined Work was made is also called the "Linked
Version".

The "Minimal Corresponding Source" for a Combined Work means the
Corresponding Source for the Combined Work, excluding any source code
for portions of the Combined Work that, considered in isolation, are
based on the Application, and not on the Linked Version.

The "Corresponding Application Code" for a Combined Work means the
object code and/or source code for the Application, including any data
and utility programs needed for reproducing the Combined Work from the
Application, but excluding the System Libraries of the Combined Work.

1. Exception to Section 3 of the GNU GPL.

You may convey a covered work under sections 3 and 4 of this License
without being bound by section 3 of the GNU GPL.

2. Conveying Modified Versions.

If you modify a copy of the Library, and, in your modifications, a
facility refers to a function or data to be supplied by an Application
that uses the facility (other than as an argument passed when the
facility is invoked), then you may convey a copy of the modified
version:

a) under this License, provided that you make a good faith effort to
ensure that, in the event an Application does not supply the
function or data, the facility still operates, and performs
whatever part of its purpose remains meaningful, or

b) under the GNU GPL, with none of the additional permissions of
this License applicable to that copy.

3. Object Code Incorporating Material from Library Header Files.

The object code form of an Application may incorporate material from
a header file that is part of the Library. You may convey such object
code under terms of your choice, provided that, if the incorporated
material is not limited to numerical parameters, data structure
layouts and accessors, or small macros, inline functions and templates
(ten or fewer lines in length), you do both of the following:

a) Give prominent notice with each copy of the object code that the
Library is used in it and that the Library and its use are
covered by this License.

b) Accompany the object code with a copy of the GNU GPL and this license
document.

4. Combined Works.

You may convey a Combined Work under terms of your choice that,
taken together, effectively do not restrict modification of the
portions of the Library contained in the Combined Work and reverse
engineering for debugging such modifications, if you also do each of
the following:

a) Give prominent notice with each copy of the Combined Work that
the Library is used in it and that the Library and its use are
covered by this License.

b) Accompany the Combined Work with a copy of the GNU GPL and this license
document.

c) For a Combined Work that displays copyright notices during
execution, include the copyright notice for the Library among
these notices, as well as a reference directing the user to the
copies of the GNU GPL and this license document.

d) Do one of the following:

0) Convey the Minimal Corresponding Source under the terms of this
License, and the Corresponding Application Code in a form
suitable for, and under terms that permit, the user to
recombine or relink the Application with a modified version of
the Linked Version to produce a modified Combined Work, in the
manner specified by section 6 of the GNU GPL for conveying
Corresponding Source.

1) Use a suitable shared library mechanism for linking with the
Library. A suitable mechanism is one that (a) uses at run time
a copy of the Library already present on the user's computer
system, and (b) will operate properly with a modified version
of the Library that is interface-compatible with the Linked
Version.

e) Provide Installation Information, but only if you would otherwise
be required to provide such information under section 6 of the
GNU GPL, and only to the extent that such information is
necessary to install and execute a modified version of the
Combined Work produced by recombining or relinking the
Application with a modified version of the Linked Version. (If
you use option 4d0, the Installation Information must accompany
the Minimal Corresponding Source and Corresponding Application
Code. If you use option 4d1, you must provide the Installation
Information in the manner specified by section 6 of the GNU GPL
for conveying Corresponding Source.)

5. Combined Libraries.

You may place library facilities that are a work based on the
Library side by side in a single library together with other library
facilities that are not Applications and are not covered by this
License, and convey such a combined library under terms of your
choice, if you do both of the following:

a) Accompany the combined library with a copy of the same work based
on the Library, uncombined with any other library facilities,
conveyed under the terms of this License.

b) Give prominent notice with the combined library that part of it
is a work based on the Library, and explaining where to find the
accompanying uncombined form of the same work.

6. Revised Versions of the GNU Lesser General Public License.

The Free Software Foundation may publish revised and/or new versions
of the GNU Lesser General Public License from time to time. Such new
versions will be similar in spirit to the present version, but may
differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the
Library as you received it specifies that a certain numbered version
of the GNU Lesser General Public License "or any later version"
applies to it, you have the option of following the terms and
conditions either of that published version or of any later version
published by the Free Software Foundation. If the Library as you
received it does not specify a version number of the GNU Lesser
General Public License, you may choose any version of the GNU Lesser
General Public License ever published by the Free Software Foundation.

If the Library as you received it specifies that a proxy can decide
whether future versions of the GNU Lesser General Public License shall
apply, that proxy's public statement of acceptance of any version is
permanent authorization for you to choose that version for the
Library.

4. OggVorbis

Copyright (c) 2002-2004 Xiph.org Foundation

Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:

- Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.

- Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.

- Neither the name of the Xiph.org Foundation nor the names of its
contributors may be used to endorse or promote products derived from
this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE FOUNDATION
OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

5. Third party Libraries
This product is linked with libraries from Apple Inc., California, USA; MindVision Software, Lincoln, USA; eSellerate, Lincoln, USA; and the Free Pascal Organization (www.freepascal.org). You are not allowed to extract the codes of these libraries and use them in any way without the permission of their holders. However, you may download the libraries from their sites by agreeing to their terms and conditions.

Music and Sounds
Musical excerpts belong to their creators and are included in the product only for demonstrational and educational purposes. You are not allowed to use these materials in any other way.

Sounds are either from MIDI or own recordings. Applause sounds courtesy of J. Fairba and Mike Koenig.


Images
Images are creations of AlgorithmsAndDataStructures and may be based on freely available images on the Internet, which are believed to be in the public domain. However, the arts created by AlgorithmsAndDataStructures (e. g. Felix the cat in the Banner) may not be used outside this context.

Warranty disclaimer

Software development is a very complex matter and the environments in which the software can be running are endless and sometimes not fully imaginable in advance by the creators. Therefore, this software is provided „AS IS“ and with „all faults“. You expressly acknowledge and agree that the use of software from AlgorithmsAndDataStructures is at your sole risk. AlgorithmsAndDataStructures expressly disclaims all warranties and/or conditions, express or implied, including, but not limited to merchantability and fitness for a particular purpose, regarding the software. AlgorithmsAndDataStructures does not warrant, guarantee or make any representations regarding the use or the results of the use of the software in terms of its correctness, accuracy, reliability or otherwise.

Some countries or states do not allow the exclusion of implied warranties. In this case you are not entitled to use this software, if you can see yourself doing a dispute in such a matter. If you order from such a country or state the payment will be regarded as an unconditional donation. The reception of a serial number does not imply any grant of rights.


Limitation of liability

Under no circumstances, including negligence, shall AlgorithmsAndDataStructures, or its developers, directors, officers, employees, or affiliates be liable for any consequential, incidental or indirect damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use the software. You are also responsible for your health or other users health (e. g. children) of users using this software. Regarding this software this means, you are not allowed including, but not limited to, to stress your voice in such a way that damage to your voice or any other thing may occur. Singing needs a lot of attention, you should not be singing and doing an activity in parallel, which may harm you or others (e. g. driving a car needs your full attention).

Some jurisdictions do not allow these limitations or exclusions. In this case you are not entitled to use this software, if you can see yourself doing a dispute in such a matter. If you order from such a country or state the payment will be regarded as an unconditional donation. The reception of a serial number does not imply any grant of rights.

Return Policy
In case you purchased the product by an error, you can return the product within 30 days from the purchase date. In this case a restocking fee will be applied to recover all the costs we (and our resellers) have to bear.

If you have ordered an eCD, remember that the CD cost is nonrefundable. If you receive a CD that is damaged or defective, it will be replaced at no charge.


Privacy Policy
We do not collect personal information for any purpose other than to respond to you and for legal purposes (e. g. proof of sale/purchase). We do not get credit card or other payment account information of customers from our resellers, which do the financial transactions for us. We will not share or sell the information you give us, unless required by law.

Controlling law and severability
This license shall be governed by the laws of Switzerland and the Kanton Baselland. Place of jurisdiction: Liestal BL, Switzerland.

In case of a dispute the German version of this license is significant.

This license constitutes the entire agreement between the parties.

This license text is version 1.6 and is effective as of February 16th, 2013. Newer versions of the documentation and software may have a different license agreement. In this case this version is not applicable to versions, which come with a different license agreement.

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