Cyclic Independence for Drummers 1.1.2

EULA - End User License Agreement

Property Manager License Agreement

CYCLIC INDEPENDENCE SOFTWARE VERSION 1.01 END-USER LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY: This Property Manager End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and WARBLE PRODUCTIONS for the CYCLIC INDEPENDENCE SOFTWARE identified above, which includes the Help Files, any associated software components, any media, any printed materials other than the Help Files, and any "online" or electronic documentation ("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE and you should promptly contact the distributor or person/entity you obtained the software from for instructions on return of the unused product.

1. The SOFTWARE is licensed, not sold.

2. GRANT OF LICENSE.

(a) Evaluation Version. Subject to the terms below, you are hereby licensed to use this software for evaluation purposes without charge for a period of 30 days. If you use this SOFTWARE after the 30 days evaluation period a registration fee is required. When payment is received the SOFTWARE will automatically be activated to convert the evaluation version of the SOFTWARE to a registered copy of the SOFTWARE. The SOFTWARE contains a time-out feature that disables its operation after the 30 day evaluation period has expired.

(b) Redistribution of Evaluation Version. If you are using the SOFTWARE on an evaluation basis you may make copies of the evaluation SOFTWARE as you wish; give exact copies of the original evaluation SOFTWARE to anyone; and distribute the evaluation SOFTWARE in its unmodified form via electronic means (Internet, BBSs, Shareware distribution libraries, CD-ROMs, etc.). You may not charge any fee for the copy or use of the evaluation SOFTWARE itself. You must not represent in any way that you are selling the SOFTWARE itself. Your distribution of the evaluation SOFTWARE will not entitle you to any compensation from WARBLE PRODUCTIONS. You must distribute a copy of this EULA with any copy of the SOFTWARE and anyone to whom you distribute the SOFTWARE is subject to this EULA.

(c) Registered Copy. After you have purchased the license for the SOFTWARE, and have received the code enabling the registered copy, you are licensed to copy the SOFTWARE only into the memory of the number of computers corresponding to the number of licenses purchased. Under no other circumstances may the SOFTWARE be operated at the same time on more than the number of computers for which you have paid a separate license fee. You may not duplicate the SOFTWARE in whole or in part. You may terminate this license at any time by destroying the original and all copies of the SOFTWARE in whatever form. You may permanently transfer all of your rights under this EULA provided you transfer all copies of the SOFTWARE (including copies of all prior versions if the SOFTWARE is an upgrade)

3. RESTRICTIONS. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the SOFTWARE. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA. You may not use the SOFTWARE for any illegal purpose.

4. TERMINATION. Without prejudice to any other rights, WARBLE PRODUCTIONS may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE.

5. COPYRIGHT. The SOFTWARE is protected by Australian copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of WARBLE PRODUCTIONS and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.

6. NO WARRANTIES. WARBLE PRODUCTIONS expressly disclaims any warranty for the SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES Of MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE or any other warranties that may be implied at law. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

7. LIMITATION OF LIABILITY. IN NO EVENT SHALL WARBLE PRODUCTIONS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF WARBLE PRODUCTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES BREACH OF CONTRACT OR NEGLIGENCE EVENT AND THE LIABILITY OF WARBLE PRODUCTIONS SHALL FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, NOT EXCEED THE GREATER OF US$1.00 OR LICENSE FEE PAID BY YOU.

8. MISCELLANEOUS. If you acquired the SOFTWARE in Australia, this EULA is governed by the laws of the state of Queensland. If you acquired the SOFTWARE outside of Australia, then local laws may apply.

Should you have any questions concerning this EULA, or if you desire to contact WARBLE PRODUCTIONS for any reason, please contact by electronic mail at: info@cyclicindependence.com