Matrix Mic 1.0

EULA - End User License Agreement

END-USER LICENSE AGREEMENT FOR BREAKTHRU SOFTWARE PRODUCTS

Product Name: Matrix Mic

(hereinafter referred to as the "Product")

IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Breakthru Software for the Breakthru Software software product identified above, which includes computer software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services ("Product"). An amendment or addendum to this EULA may accompany the Product. NOTE: THE TERMS OF THIS END USER LICENSE AGREEMENT SUPERCEDE THE TERMS OF ANY LICENSE AGREEMENT THAT MAY BE CONTAINED IN THE PRODUCT. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND within 30 days of purchase.

http://BreakthruSoftware.com

1. Single computer Licensing. For every valid license you have acquired for the Product, you may install a single copy of the Product on a single computer, subject to the terms of this agreement.

2. Reverse engineering. You may not reverse engineer, decompile or disassemble the Product. Breakthru Software shall retain title and all ownership rights to the Product.

3. Maintenance . Breakthru Software is not obligated to provide maintenance or updates for the Product. However, any maintenance or updates provided by Breakthru Software for the purchased version shall be covered by this Agreement. Versions of the software use this naming scheme - Version.Release (ex. Version 1 Release 2 indicated as 1.2). All maintenance issued as a release to a version is covered free of charge to customers who have purchased or upgraded to the version. For example, all customers owning version 1 are entitled to all maintenance releases identified as 1.x.

4.1 Distribution. The Product may be freely distributed provided that it is not modified and the original archive remains intact with all accompanying files, and provided that no fee is charged. You must also acknowledge Breakthru Software''s copyright and Breakthru Software''s website location in your distribution. Distribution on magazines or software collections require the explicit permission of Breakthru Software (contact support at the website).

Any files that you create using the Product may be distributed in any form, royalty-free. The user of the Product is solely responsible to insure that any applicable copyright laws are followed subject to the content of created files.

4.2 Documentation. You may make and use an unlimited number of copies of any documentation, provided that such copies shall be used only for personal purposes and are not to be republished or distributed (either in hard copy or electronic form) beyond your premises. All Breakthru Software copyright notices must remain on the documentation.

5.1 Rental. You may not rent, lease, or lend the Product to others.

5.2 Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Breakthru Software.

5.3 Software Transfer. The initial purchaser/user of the Product may not transfer this license to another user.

5.4 Termination. Without prejudice to any other rights, Breakthru Software 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 Product and all of its component parts.

5.5 Benchmark Testing. You may not disclose the results of any benchmark test of the Product to any third party without Breakthru Software''s prior written approval.

8. LIMITED WARRANTY FOR THE PRODUCT (applies to all countries) Breakthru Software warrants that the Product will perform substantially in accordance with the accompanying materials for a period of thirty (30) days from the date of receipt. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE THIRTY (30)-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the Product, including without limitation, any (if any) maintenance fixes provided to you after the expiration of the 30 day Limited Warranty period are not covered by any warranty or condition, express, implied, or statutory.

LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Breakthru Software, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Product does not meet Breakthru Software''s Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 10 below ("Exclusion of Incidental, Consequential, and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.

YOUR EXCLUSIVE REMEDY. Breakthru Software''s and its suppliers'' entire liability and your exclusive remedy shall be, at Breakthru Software''s option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the Product, or (b) repair or replacement of the Product, that does not meet this Limited Warranty and that is returned to Breakthru Software with a copy of your receipt. You will receive the remedy elected by Breakthru Software without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Product to Breakthru Software). This Limited Warranty is void if failure of the Product has resulted from accident, abuse, misapplication, abnormal use, or a virus. Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any product support services offered by Breakthru Software are available without proof of purchase from an authorized international source. To exercise your remedy, contact: Breakthru Software via Contact page at the Website.

9. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Breakthru Software and its suppliers provide the Product and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied, or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support or other services, information, software, and related content through the Product or otherwise arising out of the use of the Product. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON- INFRINGEMENT WITH REGARD TO THE PRODUCT.

10. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Breakthru Software OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE PRODUCT OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF Breakthru Software OR ANY SUPPLIER, AND EVEN IF Breakthru Software OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Breakthru Software and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by Breakthru Software with respect to any breach of the Limited Warranty) shall be limited to the amount actually paid by you for the Product. The foregoing limitations, exclusions, and disclaimers (including Sections 9, 10, and 11 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

12. RETURNS. Returns will be accepted only under the terms and procedures described in the Refund Policy and Procedure at the Breakthru Software website. A valid Refund Authorization code must be obtained prior to returning the product for refund.

13. EXPORT RESTRICTIONS. You acknowledge that the Product is of U.S. origin and subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Product, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.

14. APPLICABLE LAW. This EULA is governed by the laws of the U.S. State of Connecticut.

15. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Product) are the entire agreement between you and Breakthru Software relating to the Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any Breakthru Software policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.

16. The Product is protected by copyright and other intellectual property laws and treaties. Breakthru Software or its suppliers own the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold.

17. COMMUNICATIONS. You agree by acceptance of this contract to communicate with Breakthru Software in the English language. Breakthru Software will not accept communications in languages other than English and will not be responsible for interpreting non-English communications.