END USER LICENSE AGREEMENT
PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH ANY PROGRAM INSTALL RECEIVED FROM THIS WEBSITE.
The software, documentation, and other materials accompanying this Agreement, whether on disk, print or electronic documentation, in read only memory, or any other media, (collectively, the “Software”) are licensed, not sold, to you by Tachyon Consulting B.V. You own the media on which the Software is recorded but Tachyon Consulting B.V. retains ownership of the rights, title, and interest in the Software itself.
License and Restrictions
A. License Grant
Subject to the terms and conditions of this Agreement, Tachyon Consulting B.V. grants you a limited non-exclusive license to use your personalised APC40 / Beatstep Resolve Edition kit on multiple computer as long as you personaly own these computers or a maximum of 3 if these are registered to a company or business.
You agree not to: (1) enable others to use your personalised APC40 / Beatstep Resolve Edition kit(s) ; (2) publish your personalised APC40 / Beatstep Resolve Edition kit(s) in whole or in parts in any venue, public or private; or (3) transmit your personalised APC40 / Beatstep Resolve Edition kit(s), in electronic, human-perceivable, or any other form, to any other party; or (4) reverse engineer, decompile, or disassemble the personalised APC40 / Beatstep Resolve Edition kit(s)
The Software in its entirety is protected by copyright laws. The Software also contains the trade secrets of Tachyon Consulting B.V., and you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to human-perceivable form (except to the extent applicable laws specifically prohibit such restriction), or disclose any such trade secrets. You may not disable any functionality which limits the use of the Software. You may not create derivative works based on the Software or any part thereof.
All sales are final, there are no refunds, exchanges or returns. Refunds for accidental multiple purchases will be subject to transaction fees. Please be sure that any product you are purchasing is compatible with your system as described on the details product pages, there are no refunds, exchanges or returns for incompatibility. Contact us before the order if in doubt. After purchase, products are delivered as a digital download.
This Agreement takes effect upon your use of the Software, and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software in your possession. It will also automatically terminate if you fail to comply with any term or condition of this Agreement.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SOFTWARE IS PROVIDED “AS-IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TACHYON CONSULTING B.V. HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TACHYON CONSULTING B.V. DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. 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.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TACHYON CONSULTING B.V. BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF TACHYON CONSULTING B.V.. 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. In no event shall TACHYON CONSULTING B.V. total liability to you for all damages exceed the amount paid by you to TACHYON CONSULTING B.V. for use of the Software. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Controlling Law and Severability
This Agreement will be governed by the laws of the Netherlands. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
This Agreement constitutes the entire agreement and understanding among and between the parties with respect to the use of the Software licensed hereunder and supersedes all prior understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by Tachyon Consulting B.V..
Copyright © 2016 Tachyon Consulting B.V..
All Rights Reserved.