Software License Agreement

version 01 – 30 September 2010.

Trezur makes software you can download and use with your music collection. This Software License Agreement is an important legal agreement between you and us, and you should read it in detail. Here's a quick non-legalese summary:

You must agree to this and our Terms Of Use in order to use our stuff.
You agree to respect all intellectual property.
You agree not interfere with, reverse engineer, modify, copy, hack, or otherwise slash and burn our software.
Parts of Trezur may cost money. We agree not to charge you unless you've given your explicit consent.
You may be required to create a user profile to use our stuff, and if so, you must provide valid (real) registration info.
This agreement doesn't transfer any ownership rights to you.
We don't have any liability whatsoever related to your downloading and/or using our software.

This is our Software License Agreement.

Definitions:
In this document, the terms below shall have the following meanings:

"Agreement" means this TOU.
"Password" means the secret phrase that you will use, in combination with your email address, to gain access to your profile on the Services.
"Services" means any service offered by Trezur via the internet, whether provided by Us to You free of charge or for a fee.
"Software" means any application software we develop and/or distribute.
"TOU" means our Terms of Use agreement.
"Trezur" means Trezur Limited, a private limited company incorporated in Ireland, registration No. 443796.
"Us", "Our", "We" shall all refer to Trezur.
"You", "Your" and similar terms refer to you, the downloader and/or user of the Software.

General:
1. You are only permitted to use the Software offered by Trezur if you understand and agree to this Agreement. Your use of the Software shall be deemed knowledge of and acceptance by You of this Agreement. If You do not understand and agree to, or cannot comply with, this Agreement, You may not download and/or use the Software.
2. If You do not agree to the terms of this Agreement, You cannot agree to the terms of this Agreement, and/or breach any of the terms of this Agreement, then You are not permitted to download and/or use the Software. In these circumstances, You warrant that you will delete any Software form every device onto which You (or someone under Your direction) installed it, and You agree that We may withdraw access to the Software and/or the Services without notice.
3. You must be at least thirteen (13) years of age to download and/or use the Software. If you are under the age of thirteen (13), you are not permitted to download and/or use the Software.
4. If You are between the ages of thirteen (13) and seventeen (17), You must obtain permission from a parent or guardian before downloading and/or using the Software.
5. By downloading and/or using the Software, You warrant to Us that You are permitted to download and/or use the Software in the country or countries in which You download and/or use the Software.
The Software:
1. We grant you a reovcable, non-exclusive, non-transferrable license to download and use our Software, and grant you access to the Services, or any part thereof, as We see fit and We reserve the right at our sole discretion to amend or withdraw the Software or any element therof, or the Services, or any part or parts thereof.
2. We reserve the right to extend, curtail, and modify any aspect of the Software as We see fit from time to time.
3. If you are dissatisfied with the way in which we have amended our Software, Your sole remedy shall be to obtain a refund of any unused time-based subscription fee which You have paid Us for Your license to the Software.
4. While We will use our best commercial endeavours to remedy any malfunction in our Software, We shall not be required by this Agreement to remedy any such malfunction within any time period.
5. Nothing in this Agreement shall grant You any ownership rights in the Software or the data it uses. You agree that You do not own any rights to the Software other than those explicitly granted to You by this Agreement.
The Services:
1. The Software may contain functionality that requires use of the Services. If you download and/or use such Software, You are required to adhere to the Terms Of Use, and Your agreement to this Agreement is conditional upon Your agreement to the Terms Of Use.
Registration:
1. You may be required to create and use a user profile on Our Software and/or web sites. If You create and/or use such a profile, You warrant that all of the information provided to Us is correct in all regards, and that You are properly entitled to use the user profile.
2. You will be required to use a valid email address in order to verify your identity when using the Software. You warrant that You are the legitimate owner of the email address that You use as part of your user profile.
3. You warrant that You will only use the user profile to which You are properly entitled. You also warrant that You will not knowingly use the user profile of any other person.
4. You warrant that You will keep Your Password secret.
5. You grant us irrevocable permission to retain data pertaining to your user profile and Your downloading and/or use of the Software.
Intellectual Property:
1. You acknowledge that We own the Intellectual Property in the Software, and You warrant not to do anything, or neglect to do anything, that would damage Our rights to Our Intellectual Property.
2. We hereby give you notice that We have obtained certain rights to the Intellectual Property of third parties, and that We provide You with access to the Intellectual Property of those third parties "as is", without any warranty whatsoever as to its fitness for purpose, correctness, completeness, accuracy, or in any other regard. You warrant not to do anything, or neglect to do anything, that would damage the Intellectual Property rights of our third party licensors.
3. Our Software contain trade secrets, and You warrant that you will not do anything, or neglect to do anything, that would damage Our or Our third party licensors' rights to the trade secrets.
4. We grant You a non-exclusive, non-transferrable revocable license to use the Software, including any Intellectual Property incorporated therein (whether owned by Us or provided to You by Us as a sub-licensee of third parties) subject to Your compliance to this Agreement. If You fail to to comply or continue to comply with this Agreement, We reserve the right to terminate this license forthwith at our discretion.
5. You warrant that You will not use the Software, our Services, or any combination or subset thereof to infringe on the Intellectual Property of Ours, our third-party licensors, or any other third party.
6. You acknowledge Our ownership in Our trademarks, brand images, and the user interface design of the Software. We acknowledge the ownership by third parties of the Intellectual Property in their trademarks and brand images.
7. You agree that any posts, comments, feedback, or any other data (and any derrivative works derrived therefrom) that you provide to Us irrevocably becomes Our property without royalty or fee, and You agree that We may use this data in any way We wish.
Proper Uses:
1. You warrant that You will not, and will not attempt to, use any of the Software other than in a manner in which it was intended by Us to be used by You.
2. You warrant that You have taken all reasonable steps to protect any device You use to run Our Software from malware.
3. You warrant that You will not attempt to dis-assemble, reverse-engineer, de-compile, modify, or create derrivative works from our Software, or otherwise interfere with the proper functioning of any of our Software or our Services.
4. You warrant that You will only use the Software for private, non-commercial use.
5. You warrant that You will not rent, hire, resell, sub-license or otherwise gain commercial gain from our Software.
6. You warrant that You will not circumvent or overcome, or attempt to circumvent or overcome, any security or privacy features of the Software. You acknowledge that You may be subject to CRIMINAL PROSSECUTION AND CIVIL LIABILITY TO US if You attempt to overcome Our security and privacy protection measures.
Financial Transactions:
1. Licenses to Our Software, or subsets thereof, or some of our Services may be supplied to You subject to a fee.
2. If a fee applies to Our Software or to feature-sets within Our Software, We will only provide You with access to that functionality after You have explicitly agreed to be billed for such access, and You have paid the fee.
3. If You authorise Us to charge You for access to fee-based Software, You also authorise Us to retain personal data about You in our electronic and physical records to enable us to provide You with a license to Our Software, provide our Services, process payments from You, and/or properly manage Our business.
4. If you subscribe for fee-based Software, We warrant to use our best commercial endeavours to provide You with Software that functions as described by Us in Our publicity materials.
Termination of License:
We may terminate Your access to our Software without further notice if We have reasonable cause to believe that any of the following exist:
1. You have breached any warranty You are required to give in this Agreement.
2. You attempt to acquire access to a fee-based Service through fraudulent means.
3. You withdraw your consent to this Agreement.
Your privacy:
1. Your use of our Software is subject to our Privacy Policy. You can vew our privacy policy at trezur.com/privacy_policy.
2. We use data encryption technologies to preserve the privacy and security of Your information, including industry-standards based technologies for encrypting data transmissions between You and Us.
3. You warrant that You will not allow any third party to use Your user profile to gain access to Our Software.
4. You warrant that You will take all reasonable steps to protect the confidentiality of any Password or other credentials provided to You to gain access to Our Software.
Limitation of Liability:
1. The Software are provided to you "as is". Any use by You of our Software is at Your own risk. To the maximum extent permitted by law, We disclaim either express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We make no representations or guarantees that the Software will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and we disclaim any liability rrelating thereto.
2. We make no guarantees, representations, or warranties the use or results of the use of the Software will be accurate, reliable, current, uninterrupted or without errors.
3. We reserve the right, without prior notice, to modify, suspend, or discontinue the Software, and We shall have no liability to You or any third party.
4. You agree that your provision of any information to Us is at Your own risk. We do not accept any liability to you with regard to any loss or liability relating to any information supplied to Us by You in any way whatsoever.
5. In certain circumstances, You may encounter offensive or obsene materials through Your use of the Software. You agree that We shall no liability to You whatsoever resulting from such materials.
6. Certain Software may include or grant you access to content that is owned by third parties, and You acknowledge that We have no responsibility for third party content.
7. Under no circumstances will We be liable to You for indirect, general, special, incidental, consequential, exemplary or other damagers (including without limitation, damages for loss of profits, business interruption, corruption of files, loss of information or any other pecuniary loss) even if We have been advised of the possibility of such damages.
8. You agree that no oral or written information or advice given by Us or others shall create a warranty to You and neither Your nor any third paryt may rely on any such information or advice.
9. The maximum liability from Us to You under this Agreement shall be limited to the greater of one Euro (€1.00) or the amount paid by You to Us for the Software in the three month period immediately before the date on which You first assert a claim against Us.
10. Certain jurisdictions restrict Our limitations of liability, and in such jurisdictions, We claim these limitations of liability to the maximum extent permitted.
11. We hereby give you notice that any Service that we provide that carries the word "beta" in its name or descriptions shall be materially incomplete in its development and construction, and You accept that Service on that basis.
Indemnities:
1. You indemnify and hold Us, our directors, officers, employees, affiliates, agents, contractors and licensors harmess with respect to any lawsuits or claims arising directly or indirectly from (a) Your breach of this Agreement, including but not limited to any infringement by You of the Intellectual Property rights of Ours or of any third party, or (B) Your use of Our Software.
2. You agree that your indemnity to Us shall survive termination by either party of this Agreement.
Miscellaneous Items:
1. This Agreement shall be governed by the laws of Ireland, and You and Trezur agree to submit to the jurisdiction of the Irish courts.
2. This Agreement may be modified by Trezur as it sees fit from time to time by giving 7 days advance notice through its principal web site, trezur.com. If you do not accept the amendments to the Agreement, your sole option is to immediately discontinue usage of the Software, without liability on Our part.
3. The headings shown in this Agreement are for illustrative purposes only and shall not be construed to convey meaning to any section herein.
4. If any section of this Agreement is found unenforceable or invalid by a court of competent jurisdiction, You and We agree that the remainder of this Agreement shall continue in full force and effect as if the unenforceable or invalid section had not been a part of this Agreement.
5. Any failure or delay by Us to enforce any of Our rights in this Agreement shall not be construed as a waiver or relinquishment of such rights, and We may enforce our rights in this Agreement as we see fit.
6. We make our Software available from Ireland, and we make no representation that use of our Software are permissible in any other country. It is Your responsibility to satisfy Yourself that You are permitted to use Our Services under laws pertaining to You.
7. You and We explicitly disclaim the application of the Convention on Contracts for the International Sale of Goods.
8. Any dispute between You and Trezur shall be private between us, and You shall not join with any third party in pursuing Your claim against Us.
9. You agree to bring any claim against Us within one calendar year of the date on which any disputed action or omission on Our part occurred, irrespective of any rights under laws in Your country or Ours.
10. This Agreement shall commence on the earlier of (a) the date on which You first downloaded and/or used the Software, and (b) the date on which You explicitly agreed to this Agreement. This Agreement shall continue in force until terminated by either of Us.
11. You shall require computer and/or internet devices, certain third party software, and intenret access in order to use the Software, and You agree that You shall be responsible for the procurement of such resources at Your cost.
12. We may present advertisements and sponsored messages as part of its functioning of the Software, and You acknowledge that We shall have no liability to You whatsoever arising from these messages.
13. We may present links to third party internet services as part of Our Software, and You agree that We shall have no liability to You whatsoever in regard to any such link.
14. You may not sub-license or assign any of Your rights under this Agreement to any third party. You agree that We may assign or transfer Our rights under this Agreement to a third party by giving notice of such assignment or transfer on our principal website, trezur.com.
15. We shall have the right to send you email communications at the email address that You use as part of Your user profile. If you request us to do so, We will not send You marketing or promotional emails.
16. If You wish to send Us notifications or communications related to this Agreement, You should do so by sending an email to legal@trezur.com.
You acknowledge by downloading and/or using the Software and/or by explicitly agreeing to this Software License Agreement that You understand and agree to be bound by this Agreement, and that this Agreement (as amended by us from time to time) (and any Terms Of Use that You have entered into with Us) shall constitute the entire agreement between You and Trezur.