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This is a legal agreement (hereinafter the "LICENSE AGREEMENT") between you, the end user (hereinafter the "LICENSEE"), and Ots Corporation for the software product OtsTurntables Free (hereinafter "OTSTURNTABLES") of which Ots Corporation is the copyright holder.
By installing, copying, or otherwise using OTSTURNTABLES, you agree to be bound by all of the terms and conditions of the LICENSE AGREEMENT. If you do not accept the terms and conditions of the LICENSE AGREEMENT, you are to promptly delete each and any copy of OTSTURNTABLES from your computer(s).
Upon your acceptance of the terms and conditions of the LICENSE AGREEMENT, Ots Corporation grants you the right to use OTSTURNTABLES in the manner provided below.
RESTRICTIONS OF USE
Under this LICENSE AGREEMENT, OTSTURNTABLES can only be used by private persons for personal purposes that do not generate any income. It is forbidden to use OTSTURNTABLES for commercial, educational or government use, or any situation involving performing to an audience in any capacity. Ots Corporation also makes available OtsTurntables Bedroom, Silver and Pro, which can be licensed by all persons and entities, allowing commercial use at a fee. These paid versions include all functionality of OtsTurntables Free.
COPY AND DISTRIBUTION
You may make exact copies of the setup file containing OTSTURNTABLES and documentation and distribute the unmodified copy via electronic file transfer. There is no charge for making or distributing copies in this manner. You are specifically prohibited, however, without Ots Corporation prior written permission, from charging, or requesting donations, however made, for any copies you make or distribute, from distributing copies with other products (commercial or otherwise) and from distributing copies on CD-ROM or any other media, or otherwise distributing copies by other than electronic means. For distribution enquiries please email contact Ots Corporation - see http://www.otsturntables.com/contact.html
You may not distribute OTSTURNTABLES as part of a larger package, unless that package is a collection of free software.
You must not charge any money for OTSTURNTABLES itself or the act of copying OTSTURNTABLES. You may ask a reasonable fee for material and/or communication costs.
TECHNICAL SUPPORT
Ots Corporation makes available OtsTurntables WebHelp, found at http://www.otsturntables.com/doc/, and the OtsTurntables compiled HTML help file, provided with the installation file, for the purpose of technical and instructional support.
PAYMENT
No payment is required for the use of OTSTURNTABLES under this LICENSE AGREEMENT.
MODIFICATION
LICENSEE may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on OTSTURNTABLES or its accompanying printed or written materials. You must not run OTSTURNTABLES under a debugger or similar tool allowing you to inspect the inner workings of OTSTURNTABLES.
COPYRIGHT
OTSTURNTABLES and the accompanying printed or written materials are copyrighted. Unauthorized copying of OTSTURNTABLES, including those instances where OTSTURNTABLES has been modified, merged, or included with other software, or of the printed or written materials, for any reason, is expressly forbidden.
DISCLAIMER AND LIMITATION OF LIABILITY
(a) To the extent permitted by law, OTS CORPORATION’s liability for breach of any implied warranty or condition, which cannot be excluded by this Agreement, is limited, at its option, to one or more of the following:
(i) replacement of OTSTURNTABLES; or
(ii) the repair of OTSTURNTABLES.
(b) OTS CORPORATION relies on the END USER’s continued observance of this Agreement.
If OTS CORPORATION suffers loss or damage or incurs any costs associated with the END USER’s breach of any of the terms of this Agreement or any associated legal obligation, the END USER agrees to indemnify OTS CORPORATION for those losses, damages and costs.
(c) OTS CORPORATION, its employees, agents and contractors disclaim any and all liability and responsibility to any person, whether a user of OTSTURNTABLES or not, in respect of anything (including, without limitation, any error in or omission from OTSTURNTABLES) and of the consequences of any actions taken or omitted to be taken in reliance, whether wholly or partially, upon all or any part of the content, recommendations or help contained in OTSTURNTABLES.
(d) OTS CORPORATION disclaims any and all liability for any corruption of data, inability to access data, breach of privacy, downtime as a result of or arising from the use of any on-line link between the END USER’s System and OTSTURNTABLES.
INDEMNITY
The END USER expressly acknowledges that OTS CORPORATION does not exert control over the END USER’s use of OTSTURNTABLES and will at all times indemnify and keep indemnified OTS CORPORATION from and against all loss, damage, cost, charge, expense (whether in contract or in tort including and without limitation, negligence) suffered by OTS CORPORATION either directly or indirectly, as a result of:
(i) the END USER’s use of OTSTURNTABLES;
(ii) any breach of END USER’s obligations under this Agreement; and
(iii) any claims arising from the information, data, text or messages transmitted using OTSTURNTABLES, including but not limited to, claims for defamation, invasion of privacy, infringement of Intellectual Property Rights or breach of any other applicable laws, regulations or codes.
Governing Law. This license agreement and Limited Warranty are governed by the laws of the State of Queensland, Australia. The courts of Queensland are to be the sole courts having jurisdiction to resolve any disputes.