Stagehand Live 2

Stagehand Live 2 Software LICENSE AGREEMENT

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE Stagehand Live SOFTWARE. BY USING THE Stagehand Live SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE Stagehand Live SOFTWARE.

IMPORTANT NOTE: To the extent that this software may be used to reproduce, modify, publish and distribute materials, it is licensed to you only for reproduction, modification, publication and distribution of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce, modify, publish or distribute. If you are uncertain about your right to copy, modify, publish or distribute any material, you should contact your legal advisor.

1. General.

A. The Stagehand Live SOFTWARE, any third party software, documentation, interfaces, content, fonts and any data accompanying this License on disk, in read only memory, on any other media or in any other form (collectively the "Stagehand Live SOFTWARE") are licensed, not sold, to you by Marius Zwicker / MLBA-Team, Poysdorfer Str. 3, 97337 Dettelbach, Germany. ("Developer") for use only under the terms of this License. Developer and/or Developer licensors retain ownership of the Stagehand Live SOFTWARE itself and reserve all rights not expressly granted to you.

B. Developer, at its discretion, may make available future upgrades or updates to the Stagehand Live SOFTWARE for your compatible computer. Developer may provide you any such upgrades and updates that it may release up to, but not including, the next major release of the Stagehand Live SOFTWARE, for free. After the next major release of the Stagehand Live SOFTWARE, Developer may also at its discretion continue to provide minor upgrades and updates to the Stagehand Live SOFTWARE. Upgrades and updates, if any, may not necessarily include all existing software features or new features that Developer releases for newer models of computers and may, at Developer discretion, be provided with or without charge. The terms of this License will govern any software upgrades or updates provided by Developer to the original Stagehand Live SOFTWARE product, unless such upgrade or update is accompanied by a separate license in which case you agree that the terms of that license will govern such upgrade or update.

2. Permitted License Uses and Restrictions.

A. License. Subject to the terms and conditions of this License, unless you obtained the Stagehand Live SOFTWARE as described in Section 2B, you have the right to use the Stagehand Live SOFTWARE as permitted by the Mac App Store Product Usage Rules set forth in the App Store Terms and Conditions (http://www.apple.com/legal/itunes/ww/) (“Usage Rules”), and are granted a limited, non-transferable, non-exclusive license:

(i) to download, install, use and run for personal, non-commercial use, one (1) copy of the Stagehand Live SOFTWARE directly on each supported computer that you own or control; and

(ii) if you are a commercial enterprise or educational institution, to download, install, use and run one (1) copy of the Stagehand Live SOFTWARE for use either: (a) by a single individual on each of the supported computer(s) that you own or control, or (b) by multiple individuals on a single shared supported computer that you own or control. For example, a single employee may use the Stagehand Live SOFTWARE on both the employee’s desktop computer and laptop computer, or multiple students may serially use the Stagehand Live SOFTWARE on a single computer located at a resource center or library.

B. Volume or Maintenance License. If you obtained the Stagehand Live SOFTWARE under a volume or maintenance license program with Developer, the terms of your volume or maintenance license will determine the number of copies of the Stagehand Live SOFTWARE you are permitted to download, install, use and run on supported computers you own or control. Except as agreed to in writing by Developer, all other terms and conditions of this License shall apply to your use of the Stagehand Live SOFTWARE obtained under a volume or maintenance license.

C. Apple ID. Use of the Mac App Store requires a unique user name and password combination, known as an Apple ID. An Apple ID is also required to access updates to the Stagehand Live SOFTWARE.

D. License file. Use of certain features of the Stagehand Live SOFTWARE on systems, which do not support the Mac App Store, require an unlock of those features through a license file. This license file will be individually generated by the developer after purchase and be transmitted to you. The recipient needs to take care of storing the license file safely. In case of loss, no recovery of the license file can be guaranteed by the developer.

E. System Requirements. Stagehand Live SOFTWARE is supported only on supported hardware that meets specified system requirements as indicated by Developer.

F. Content and Digital Materials. Title and intellectual property rights in and to any content displayed by or accessed through the Stagehand Live SOFTWARE belong to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. Except as otherwise provided in this License, (i) this License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you, and (ii) you may not use, extract or distribute, commercially or otherwise, on a standalone basis, any photographs, images, graphics, artwork, audio, video or similar assets (“Digital Materials”) contained within, or provided as a part of, the Stagehand Live SOFTWARE, or otherwise use the Digital Materials outside the context of its intended use as part of the Stagehand Live SOFTWARE.

G. Other Use Restrictions. Except as otherwise permitted by the terms of this License or otherwise licensed by Developer: (i) only one user may use the Stagehand Live SOFTWARE at a time, and (ii) you may not make the Stagehand Live SOFTWARE available over a network where it could be run or used by multiple computers at the same time.

H. No Reverse Engineering. You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License or by the Usage Rules if they are applicable to you), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Stagehand Live SOFTWARE or any services provided by the Stagehand Live SOFTWARE, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by the licensing terms governing use of Open-Sourced Components (as defined in Section 9A) that may be included with the Stagehand Live SOFTWARE).

I. Compliance with Laws. You agree to use the Stagehand Live SOFTWARE and the Services in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Stagehand Live SOFTWARE and Services.

J. Third Party Software. Developer may provide access to certain third party software or services as a convenience. To the extent that the Stagehand Live SOFTWARE contains or provides access to any third party software or services, Developer has no express or implied obligation to provide any technical or other support for such software or services. Please contact the appropriate software vendor, manufacturer or service provider directly for technical support and customer service related to its software, service and/or products.

K. Automatic Updates. If you opt in to automatic app updates, your computer will periodically check with Developer for updates and upgrades to the Stagehand Live SOFTWARE and, if an update or upgrade is available, the update or upgrade will automatically download and install onto your computer and, if applicable, your peripheral devices. You can turn off the automatic app updates altogether at any time by changing the automatic app update settings.

3. Transfer.

A. Stagehand Live SOFTWARE obtained from the Mac App Store is not transferable. If you sell your hardware to a third party, you must remove the Stagehand Live SOFTWARE from the hardware before doing so.

B. You may not transfer any Stagehand Live SOFTWARE that has been modified or replaced under Section 9A below. All components of the Stagehand Live SOFTWARE are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. Stagehand Live SOFTWARE provided with a particular hardware product may not run on other models of hardware.

C. Any copy of the Stagehand Live SOFTWARE that may be provided by Developer for promotional, evaluation, diagnostic or restorative purposes may be used only for such purposes and may not be resold or transferred.

4. Consent to Use of Data.

By default, no information on usage of Stagehand Live SOFTWARE is collected or transferred to Developer or any other third party. Only in the case of Stagehand Live SOFTWARE running into an unexpected malfunction, the user may be prompted to transmit crash information to the Developer. This will not be happen automatically but needs to be explicitly acknowledged by you after reviewing the details of the transmitted data.

5. Termination.

This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Developer if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Stagehand Live SOFTWARE and destroy all copies, full or partial, of the Stagehand Live SOFTWARE. Sections 4, 5, 6, 7, 8, 9 and 10 of this License shall survive any such termination.

6. Disclaimer of Warranties.

A. If you are a customer who is a consumer (someone who uses the Stagehand Live SOFTWARE outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about consumer rights, you should contact a local consumer advice organization.

B. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE Stagehand Live SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE Stagehand Live SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

C. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Stagehand Live SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Developer AND Developer'S LICENSORS (COLLECTIVELY REFERRED TO AS "Developer" FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE Stagehand Live SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

D. Developer DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE Stagehand Live SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE Stagehand Live SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE Stagehand Live SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE Stagehand Live SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE Stagehand Live SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION OF THIS Stagehand Live SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.

E. YOU FURTHER ACKNOWLEDGE THAT THE Stagehand Live SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE Stagehand Live SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.

F. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Developer OR A Developer AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE Stagehand Live SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

7. Limitation of Liability.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL Developer BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE Stagehand Live SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE Stagehand Live SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF Developer HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

8. Complete Agreement; Governing Language.

This License constitutes the entire agreement between you and Developer relating to the use of the Stagehand Live SOFTWARE and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Developer. Any translation of this License is done for local requirements and in the event of a dispute between the German and any non-German versions, the German version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.

9. Third Party Acknowledgements.

A. Certain components of the Stagehand Live SOFTWARE, and third party open source programs included with the Stagehand Live SOFTWARE, may be made available by Developer on its website (http://www.stagehandlive.de) (“Open Source Components”). Acknowledgements, licensing terms and disclaimers for such components are contained in the electronic documentation for the Stagehand Live SOFTWARE. Please refer to the electronic documentation since you may have additional rights in the Open Source Components.

10. Severability.

If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision of this Agreement; or the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.