The "Licensed Software" includes all of the contents of the files, disk(s), CD-ROM(s), DVDs, or other media for which this EULA is provided, including but not limited to: third party computer information or software that the Licensor has licensed for inclusion in the Licensed Software; written materials or files relating to the Licensed Software ("Documentation"); fonts; modified versions, updates, additions, and copies of the Licensed Software, if any.
Subject to the terms and conditions of this Agreement and your payment of the license fee, TunesFun hereby grants you (an individual) the limited, revocable, personal, non-exclusive, and non-transferable right to download, install and activate the Software on one device solely for your personal, private and non-commercial use, except as otherwise provided in this Agreement or additional EULA. Sharing the Software with others, or allowing others to view the contents of this Software, is in violation of the License. You may not make the Software available over a network, or in any way provide the Software to multiple users, unless you have purchased a multi-user license from TunesFun in advance. TunesFun reserves all rights not expressly granted to You in this Agreement.
3.1 Licensee may not and agrees not to or enable others to modify, adapt, translate, sublicense, rent, lease, or loan all or any portion of the Licensed Software or Documentation; and
3.2 Licensee may not and agrees not to or enable others to create any derivative works from all or any portion of the Licensed Software or Documentation; and Licensee may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Licensed Software; and
3.3 Licensee may not and agrees not to or enable others to use a previous version of the Licensed Software after receiving a media replacement or upgraded version as a replacement to a prior version (in such case Licensee must destroy the prior version); and
3.4 Licensee may not and agrees not to or enable others to use the Licensed Software in the operation of any business, aircraft, ship, nuclear facilities, life support machines, communication systems, or any other equipment in which the failure of the software could lead to personal injury, death, or environmental damage; and
3.5 Licensee may not and agrees not to or enable others to remove or obscure Licensor's copyright or trademark notices, or the copyright and trademark notices of any third parties that Licensor has included in the Licensed Software or Documentation; and
3.6 Licensee may not and agrees not to or enable others to use the Licensed Software to host applications for third parties, as part of facility management, timesharing, service provider, or service bureau arrangement; and
3.7 Licensee may not install the Licensed Software on other devices after the Licensed Software has been installed on one device without Licensor’s prior consent.
3.8 Licensee may not and agrees not to or enable others to use the Licensed Software in any manner that is illegal or not authorized by this EULA;
The licensee can only install one copy of the Licensed Software on a single device. The Licensee must be the primary user of the device on which the Licensed Software is installed. This Agreement shall apply to all installations of the Licensed Software. Installation of the Licensed Software on two or more devices is prohibited. The Licensee may purchase and install multiple licenses if Licensee wants to install software on two or more devices. Licensee shall be solely responsible for all expenses incurred in Licensee's installation and use of the Licensed Software.
You are granted the right to use the Software without registration solely for the purposes of evaluating the performance of the Software for a certain time based on the Software. In addition, only convert 3 minutes per song when using a trial copy of the Software. To remove the restrictions of the trial copy, you have to register it with tunesfun.com in accordance with the terms laid out in the registration information which can be found in the documentation accompanying the Software. You are expected to use the Software on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. This “try before you buy” approach is the ultimate guarantee that the Software will perform to your satisfaction.
TunesFun is committed to helping protect your privacy at all times except as otherwise provided in this Agreement. This statement explains the anonymous data collection process and usage practices for the Software Improvement Program of TunesFun.
In order to provide and improve the software, its features, and user experience, we will automatically collect, maintain process and use information concerning the way the various modules and functionalities of TunesFun software are being used. Information is also gathered anonymously for the purpose of statistical analysis of Software usage.
We will only use such information for the purpose of providing end-users with the best possible software experience. The collected data will not be disclosed, shared, sold, traded, or rented to any third parties for marketing purposes.
Licensee may not rent, lease, lend, sell, assign, sub-license, redistribute or transfer the Licensed Software or the License granted by this EULA without the prior written consent of the Licensor.
THE LICENSED SOFTWARE IS PROVIDED TO LICENSEE "AS IS." THE LICENSOR, AND THE LICENSOR SUPPLIERS, AFFILIATES, AGENTS, EMPLOYEES MAKE NO WARRANTY AS TO ITS USE OR PERFORMANCE. THE LICENSOR, AND THE LICENSOR AFFILIATES, MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT FOR, AND TO THE EXTENT, THAT A WARRANTY MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION.
SOME FUNCTIONS OF THE LICENSED SOFTWARE (HEREINAFTER REFERRED TO AS “RESTRICTED FUNCTIONS”) ARE ONLY SUPPORTED BY USING THE THIRD PARTY PLUG-INS WHICH HAVE BEEN INSTALLED ON YOUR DEVICE. YOU AGREE THAT IT IS YOU, NOT LICENSOR, WHO ARE USING THE THIRD PARTY PLUG-INS. YOU SHALL NOT USE THE RESTRICTED FUNCTIONS OF THE LICENSED SOFTWARE UNLESS YOU HAVE GOT PROPER AUTHORITY TO USE THE THIRD PARTY PLUG-INS. FURTHERMORE, ALL THE RESPONSIBILITIES OF USING SUCH THIRD PARTY PLUG-INS WILL BE SOLELY BORNE BY YOU.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF TUNESFUN SOFTWARE IS AT YOUR SOLE RISK, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY IS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TUNESFUN OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE WARRANTY.
THE SOFTWARE MAY CONTAIN "OPEN SOURCE" MATERIALS (E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPYLEFT, GNU GENERAL PUBLIC LICENSE, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE, MOZILLA LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE, OPEN SOURCE INITIATIVE LICENSE, MIT, APACHE OR PUBLIC DOMAIN LICENSES, OR SIMILAR LICENSE). TUNESFUN MAKES NO WARRANTIES WITH RESPECT TO OPEN SOURCE MATERIALS CONTAINED IN THE SOFTWARE. THESE EULA'S PROVISIONS ON RESTRICTION OF LIABILITY SHALL APPLY.
The Licensed Software and any authorized copies that Licensee makes are the intellectual property of and are owned by, the Licensor, and by third parties whose intellectual property has been licensed to the Licensor. The structure, organization, and code of the Licensed Software are the valuable trade secrets and confidential information of the Licensor and such third parties. The Licensed Software is protected by law, including without limitation, the copyright laws of the People's Republic of China and the United States and other countries, and by international treaty provisions. Except as expressly provided in this EULA, Licensee is not granted any intellectual property rights over the Licensed Software. The licensee may not make or publish any public statement concerning the Licensed Software or the Licensor without the prior express written consent of the Licensor.
The Licensee can develop plug-ins properly based on the open interface protocol of the Licensed Software and use them in the licensed software based on licensee’s individual legitimate needs，but firstly licensee must obtain explicit and prior written authorization from Licensor. If Licensee fails to get the aforementioned authorization, all the legal liabilities, including but not limited to any loss of or damage to any third party will be solely born by Licensee.
11.1 We are ready to help you in any way we can make your Software experience the best. Should you need any help or if you can't find an answer to your question, please feel free to contact our Support Team at TunesFun Support Center https://www.tunesfun.com/support/.
11.2 To support your queries, TunesFun.com may from time to time ask you to provide information on your user data and experience, which will be used to estimate Software usability and thereby improve and enhance products and services. The primary purpose of collecting personal and other user information in these cases is to provide the User with safe, smooth, efficient, and customized maintenance services. For example, TunesFun.com may collect and use personal data related to you, as permitted or necessary to: provide technical support, customer support, and troubleshoot problems; inform you about service updates and faults; verify your identity; protect your and TunesFun.com's interests. Such data may include the following information: your full name (company name), email address, and your phone number. Moreover, our Support Team may request to collect the special log files which include program error messages, the version of a TunesFun program, its activation status, and technical specifications of your computer. This information is required to provide the necessary technical support and continue the research and development process.
11.3 You agree and acknowledge that any information, data, text, photos, videos, or other materials (hereinafter referred to as the “Content”), whether publicly or privately provided to TunesFun.com in order to be supported, shall be the sole responsibility of the person from whom such Content has been obtained. This means that the User shall be solely responsible for all Content upload, post, or otherwise transmit via the TunesFun.com websites and file-sharing or file-hosting services and for its validity, legitimacy, completeness, applicability, and copyright compliance. TunesFun.com shall not control any User Content.
12.1 “Software Upgrade (also known as a “Major Upgrade”)” is a newer or better version of the Software that offers a significant change or major improvement over your current version and is accompanied by a change in the main number of the version. These versions are provided for a charge.
12.2 “Software Update” (also known as a “Minor Update”) is a royalty-free download of the Software that provides fixes for discovered bugs and malfunctions or provides minor software improvements. These versions are provided by TunesFun.com within the period a particular software version is being developed.
12.3 TunesFun.com does not guarantee the provision of updates for earlier developed versions of the Software and does not guarantee the operability and compatibility of the earlier purchased Software on devices and operating systems that were released after the purchase of the Software. However, TunesFun.com continues to provide technical support (consultations and other help) in relation to the earlier purchased programs in accordance with the original system requirements.
Before the purchase of a Major Upgrade for the earlier purchased Software, the End User shall ensure that the updated Software can be used on a particular device in accordance with the system requirements of the updated program.
In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
IN NO EVENT SHALL TunesFun.com 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 TunesFun.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TunesFun.com's LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
This is the entire agreement between you and TunesFun.com, which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this EULA. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms. This EULA shall automatically terminate upon failure by you to comply with its terms. TunesFun.com, on its sole discretion, may modify this EULA in writing at any time.
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