Pitch Ability Test 1.06

EULA - End User License Agreement

License Agreement

License

The software, the documentation and any accompanying files are licensed to you by AlgorithmsAndDataStructures F. Rudin, Hombergweg 3, CH-4433 Ramlinsburg, Switzerland.

By installing the software you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install the software and delete the files belonging to this software.

Permitted uses

The license allows you to download, install and use the software on a single computer. There is no warranty on the software. The tracking down of errors on other machines than ours is far too complicated. If you discover a software fault, please notify us.

Restrictions

You are not allowed to redistribute, rent, lend, or lease this software. Purchase of a license restricts use to the computer you installed the software on. If you sell or give away the computer the software is installed on, you are required to remove the installed software from the computer prior to transfer of the computer to another person. Remind you: Part of the software is from esellerate, MindVision Software, USA, which contains cryptographic code, which is subject to export laws.

You are not allowed to disassemble, decompile, unlock, reverse engineer, or in any manner decode the software.
CD Delivery

When ordering the product you may be presented with an eCD option. This option allows you to order a physical CD with the download item on the CD. This service is provided to you by esellerate, Lincoln, Nebraka, 68507. The version on the CD may differ from the trial version you may have downloaded. In case you have downloaded the trial version some time ago, it may be a newer version, or in rare cases it may be an older version (check the version numbers).
The CD cost is nonrefundable. If you receive a CD that is damaged or defective, it will be replaced at no charge.

Copyright

The license issuer, AlgorithmsAndDataStructures, owns this software, documentation and any accompanying files. You are not allowed to redistribute this software, documentation or any accompanying files. You are allowed to make personal copies for your own use only.

You may make copies for backup and archival purposes, provided that the original and each copy are kept in your possession.

Web-Sites are allowed to make links to the owner's site (e. g. direct download links to the author's site).

If you have a valid license, then you may install and use the software on any computer owned by you, presumed that the license transfer process works. However, you have no claim that such a transfer works (Hardware or Operating Release changes or software errors may make this impossible). In addition the license permits you the use of the software on a maximum of three computers -you own - at a time. If you wish to use the software on more than three computers at the same time, you must license an additional serial number.
This software contains codes, which are dependent on third party products and libraries. For those parts the following copyrights apply:

1. OpenAL on Macintosh

Copyright (c) 2004, Apple Computer, Inc. All rights reserved.

Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.

3. Neither the name of Apple Computer, Inc. ('Apple') nor the names of its
contributors may be used to endorse or promote products derived from
this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY APPLE AND ITS CONTRIBUTORS 'AS IS' AND ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL APPLE OR ITS CONTRIBUTORS BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.

2. OpenAL on Windows

During the Installation you will be asked to accept the licence terms of Openal.

3. Glut32.dll (Windows only)

Glut32.dll is under LGPL (GNU Lesser General Public License):

GNU LESSER GENERAL PUBLIC LICENSE
Version 3, 29 June 2007

Copyright (C) 2007 Free Software Foundation, Inc. //fsf.org>
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
This version of the GNU Lesser General Public License incorporates
the terms and conditions of version 3 of the GNU General Public
License, supplemented by the additional permissions listed below.

0. Additional Definitions.

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is a work based on the Library, and explaining where to find the
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6. Revised Versions of the GNU Lesser General Public License.

The Free Software Foundation may publish revised and/or new versions
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4. OggVorbis

Copyright (c) 2002-2004 Xiph.org Foundation

Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:

- Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.

- Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.

- Neither the name of the Xiph.org Foundation nor the names of its
contributors may be used to endorse or promote products derived from
this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE FOUNDATION
OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

5. Third party Libraries
This product is linked with libraries from Apple Inc., California, USA; MindVision Software, Lincoln, USA; eSellerate, Lincoln, USA; and the Free Pascal Organization (www.freepascal.org). You are not allowed to extract the codes of these libraries and use them in any way without the permission of their holders. However, you may download the libraries from their sites by agreeing to their terms and conditions.

Music and Sounds
Musical excerpts belong to their creators and are included in the product only for demonstrational and educational purposes. You are not allowed to use these materials in any other way.

Sounds are either from MIDI or own recordings. Applause sounds courtesy of J. Fairba and Mike Koenig.
Images
Images are creations of AlgorithmsAndDataStructures and may be based on freely available images on the Internet, which are believed to be in the public domain. However, the arts created by AlgorithmsAndDataStructures (e. g. Felix the cat in the Banner) may not be used outside this context.

Warranty disclaimer

Software development is a very complex matter and the environments in which the software can be running are endless and sometimes not fully imaginable in advance by the creators. Therefore, this software is provided AS IS and with all faults. You expressly acknowledge and agree that the use of software from AlgorithmsAndDataStructures is at your sole risk. AlgorithmsAndDataStructures expressly disclaims all warranties and/or conditions, express or implied, including, but not limited to merchantability and fitness for a particular purpose, regarding the software. AlgorithmsAndDataStructures does not warrant, guarantee or make any representations regarding the use or the results of the use of the software in terms of its correctness, accuracy, reliability or otherwise.

Some countries or states do not allow the exclusion of implied warranties. In this case you are not entitled to use this software, if you can see yourself doing a dispute in such a matter. If you order from such a country or state the payment will be regarded as an unconditional donation. The reception of a serial number does not imply any grant of rights.
Limitation of liability

Under no circumstances, including negligence, shall AlgorithmsAndDataStructures, or its developers, directors, officers, employees, or affiliates be liable for any consequential, incidental or indirect damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use the software. You are also responsible for your health or other users health (e. g. children) of users using this software. Regarding this software this means, you are not allowed including, but not limited to, to stress your voice in such a way that damage to your voice or any other thing may occur. Singing needs a lot of attention, you should not be singing and doing an activity in parallel, which may harm you or others (e. g. driving a car needs your full attention).

Some jurisdictions do not allow these limitations or exclusions. In this case you are not entitled to use this software, if you can see yourself doing a dispute in such a matter. If you order from such a country or state the payment will be regarded as an unconditional donation. The reception of a serial number does not imply any grant of rights.

Return Policy
In case you purchased the product by an error, you can return the product within 30 days from the purchase date. In this case a restocking fee will be applied to recover all the costs we (and our resellers) have to bear.

If you have ordered an eCD, remember that the CD cost is nonrefundable. If you receive a CD that is damaged or defective, it will be replaced at no charge.
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Controlling law and severability
This license shall be governed by the laws of Switzerland and the Kanton Baselland. Place of jurisdiction: Liestal BL, Switzerland.

In case of a dispute the German version of this license is significant.

This license constitutes the entire agreement between the parties.