» version 4.0 - posted on 2005-10-07
Significant new functionality - Scale Diagrams, Chord Diagram Editor, Chord Page enhancements, Scales and Chord Substitutions
EULA - End User License Agreement
USE OF THE SOFTWARE YOU ARE ABOUT TO INSTALL IS GOVERNED BY THE TERMS OF THE END USER LICENSE AGREEMENT ("EULA"), IF ANY, WHICH ACCOMPANIES OR IS INCLUDED WITH SUCH SOFTWARE. IN THE EVENT THE SOFTWARE IS NOT ACCOMPANIED BY AN EULA, USE SHALL BE GOVERNED BY THE FOLLOWING LICENSE TERMS:
"Software" is defined as the Tonal Alchemy computer program with which this Software License Agreement ("Agreement") is included and any updates or maintenance releases thereto. "Trial Software" is defined as a version of the Software that is limited to an evaluation for a specified period of time as determined by Tonal Alchemy. "Tonal Alchemy Software" shall mean both Software and Trial Software. The use by you of any services or content accessible through the Software may be subject to your acceptance of separate agreements with Tonal Alchemy or third parties. Do not use the Tonal Alchemy Software until you have carefully read the following Agreement. This Agreement sets forth the terms and conditions for licensing of the Tonal Alchemy Software from Tonal Alchemy to you ("you" or "Licensee"), and installing the Tonal Alchemy Software indicates that you have read and understand this Agreement and accept its terms and conditions. If you purchased this license for the Software or if you are evaluating the Trial Software and do not agree with the terms and conditions of this Agreement, promptly return the Software and accompanying items to the place of purchase within ten (10) days of purchase with a dated receipt for a full refund, or do not use the Trial Software. If the Tonal Alchemy Software was pre-installed on your computer, CD-ROM disk(s) ("Disk(s)") came packaged with your computer at no extra charge, or you received the Tonal Alchemy Software free of charge, and if you do not agree with this Agreement, do not use the Tonal Alchemy Software.
License and Restrictions
A. License Grant for Software
Subject to the terms and conditions of this Agreement, you are granted a limited non-exclusive license to use a copy of the enclosed Software on one (1) computer used by a single household. You may make one (1) backup copy of the Software for your own use. You may transfer your rights in the Software to a third party, or sell the computer on which the Software is installed to a third party, provided you do not keep a copy of the Software for yourself and you or the subsequent Licensee obtain a copy of a Transfer Agreement from Tonal Alchemy which will allow the subsequent Licensee to assume your rights as a Licensee of the Software.
B. License Grant for Trial Software
Subject to the terms and conditions of this Agreement, you are granted a limited non-exclusive license to use a copy of the enclosed Trial Software for 30 days after you install the Trial Software on a computer used by a single individual. Thereafter, you may purchase the right to use the Software which license terms are specified herein, by contacting Tonal Alchemy or your retailer. You may not copy the printed materials or user documentation accompanying the Trial Software if any. BY YOUR USE OF THE TRIAL SOFTWARE, YOU UNDERSTAND AND AGREE THAT AFTER 30 DAYS, YOU MAY NOT BE ABLE TO CONTINUE TO ACCESS AND/OR USE THE TRIAL SOFTWARE OR ANY DATA YOU HAVE ENTERED INTO SUCH TRIAL SOFTWARE UNLESS YOU PURCHASE THE RIGHT TO USE THE SOFTWARE.
You agree not to: (1) make additional copies of the Tonal Alchemy Software except as provided above; (2) enable others to use your registration code(s) or serial numbers (of any); (3) give copies to another person who has not purchased a license for the Tonal Alchemy Software from Tonal Alchemy ; (4) install the Tonal Alchemy Software on computers used by individuals who have not purchased the appropriate licenses for the Software from Tonal Alchemy ; (5) duplicate the Tonal Alchemy Software by any other means including electronic transmission; or (6) copy the printed materials or user documentation accompanying the Tonal Alchemy Software, if any; (7) permit the right to Tonal Alchemy Software to periodically send usage information and statistics to Tonal Alchemy. The Tonal Alchemy Software in its entirety is protected by copyright laws.
The Tonal Alchemy Software also contains the trade secrets of Tonal Alchemy and third parties, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the Tonal Alchemy Software to human-perceivable form or disclose such trade secrets. You may not attempt to modify, adapt, translate, rent, sublicense, assign, loan, resell for profit, distribute, or network the Tonal Alchemy Software, Disk(s), or related materials or create derivative works based upon the Tonal Alchemy Software or any part thereof.
This Agreement may be terminated by Tonal Alchemy immediately and without notice if you fail to comply with any term or condition of this Agreement. Upon such termination, you must immediately destroy all complete and partial copies of the Tonal Alchemy Software, including all backup copies. Tonal Alchemy shall have the right to change or add to the terms of this Agreement at any time, and to change, discontinue or impose conditions on any aspect of the Tonal Alchemy Software. Such changes shall be effective upon notification by any means reasonable to give you actual or constructive notice, or upon posting such terms in the Tonal Alchemy Software, and your continued use of the Tonal Alchemy Software will indicate your agreement to any such change.
If you are not 100% satisfied with the Software, Tonal Alchemy's entire liability and your exclusive remedy shall be as follows: (1) If you purchased the Software through a retail store or directly from Tonal Alchemy Software, return of the Software within thirty (30) days of the date of purchase to TonalALchemy with a dated receipt for a full refund to Tonal Alchemy Returns, PO Box 2411, Coppell, TX 75019 for your refund); or (2) If the Tonal Alchemy Software was pre-installed on your computer when you bought it, or if Disks came packaged with your computer at no extra charge, and the Tonal Alchemy Software is defective or was installed improperly, you may be able to obtain replacement Disks from the company that manufactured your computer, by sending your request stating the nature of the problem, plus a copy of your dated receipt for the computer on which the Tonal Alchemy Software was installed, to the manufacturer of such computer; or (3) If you obtained the Tonal Alchemy Software by downloading it on your computer, and the Tonal Alchemy Software did not install properly, contact the provider of the download site.
Disclaimer of Warranties
EXCEPT AS PROVIDED ABOVE, THE TONAL ALCHEMY SOFTWARE, DISK(S), RELATED MATERIALS, CONTENT, AND/OR RELATED SERVICES ARE PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TONAL ALCHEMY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS ("REPRESENTATIVES") DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE TONAL ALCHEMY SOFTWARE, DISK(S), RELATED MATERIALS, CONTENT AND ANY SERVICES, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT. TONAL ALCHEMY DOES NOT WARRANT THAT THE TONAL ALCHEMY SOFTWARE IS SECURE, OR IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS, INCLUDING BUT NOT LIMITED TO ACCURATE OR UPDATED THIRD-PARTY CONTENT, NOR DOES TONAL ALCHEMY WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE THROUGH THE TONAL ALCHEMY SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOU MUST: (A) PROVIDE YOUR OWN ACCESS TO THE WORLD WIDE WEB AND PAY ANY SERVICE FEES ASSOCIATED WITH SUCH ACCESS, AND (B) PROVIDE ALL EQUIPMENT NECESSARY FOR YOU TO MAKE SUCH CONNECTION TO THE WORLD WIDE WEB, INCLUDING A COMPUTER AND A MODEM. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF PURCHASE OF THE LICENSE FOR THE SOFTWARE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH VARY FROM STATE TO STATE.
Limitation of Liability and Damages
THE ENTIRE LIABILITY OF TONAL ALCHEMY FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE TONAL ALCHEMY SOFTWARE LICENSED FROM TONAL ALCHEMY OR ITS AUTHORIZED RESELLER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TONAL ALCHEMY AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF TONAL ALCHEMY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, TONAL ALCHEMY AND ITS REPRESENTATIVES' TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE TONAL ALCHEMY SOFTWARE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You acknowledge and agree that the Tonal Alchemy Software is subject to restrictions and controls imposed by the Export Administration Act and the Export Administration Regulations ("the Acts"). You agree and certify that neither the Tonal Alchemy Software nor any direct product thereof is being or will be used for any purpose prohibited by the Acts. You agree and certify that you are not a citizen or permanent resident of the following countries: Cuba, Iran, Iraq, North Korea, Libya, Sudan or Syria.
This Agreement sets forth Tonal Alchemy and its Representatives' entire liability and your exclusive remedy with respect to the Tonal Alchemy Software. You acknowledge that this Agreement is a complete statement of the agreement between you and Tonal Alchemy, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions regarding the Tonal Alchemy Software or any related services. This Agreement does not limit any rights that Tonal Alchemy may have under trade secret, copyright, patent, trademark or other laws. The Representatives of Tonal Alchemy are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Tonal Alchemy, other than in writing signed by an officer of. Accordingly, such additional statements are not binding on Tonal Alchemy and you should not rely upon such statements. If any provision of this Agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. No delay or failure on the part of Tonal Alchemy in the exercise of any right granted under this Agreement, or available at law or in equity, shall be construed as a waiver of such right. The validity and performance of this Agreement shall be governed by Texas law (without reference to choice of law principles), except as to copyright and trademark matters, which are covered by federal laws. You agree to submit to the jurisdiction of the federal and state courts of Dallas County, Texas and waive any objection to venue in such courts. This Agreement is deemed entered into at Coppell, Texas, and shall be construed as to its fair meaning and not strictly for or against either party.
Consumer Information and Privacy
For details about Tonal Alchemy privacy policies, please refer to the Tonal Alchemy Privacy Statement contained on the Tonal Alchemy web site.
Tonal Alchemy, the Tonal Alchemy Logo, ChordAlchemy, GuitarAlchemy, and "Turning Sound into Gold", are trademarks and/or registered service marks of Tonal Alchemy in the United States and other countries. ChordAlchemy.com, GuitarAlchemy.com, and "Turning Sound into Gold", among others, are trademarks and/or service marks of Tonal Alchemy in the United States and other countries.
Copyright (c) 2011 Tonal Alchemy. All rights reserved.