License d'Utilisateur Final

IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY.

This End-User License Agreement (EULA) is a legal agreement between you (either an individual or an entity), the End-User, and Rational Acoustics, LLC (Rational Acoustics) governing your use of the software you have acquired from Rational Acoustics (the "SOFTWARE").

The SOFTWARE subject to this EULA includes computer software, the associated media on which it is stored, any printed materials accompanying it, and any electronic documentation for it. By turning on a computer system on which it has been installed, opening the wrapped packaging, 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, Rational Acoustics is unwilling to license the SOFTWARE to you. In such event, you may not use or copy the SOFTWARE, and you must promptly contact Rational Acoustics (support@Rational Acoustics.com ) for instructions on returning it to Rational Acoustics.

Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE. The SOFTWARE is licensed, not sold.

a.	Software. You may install and use two (2) copies of the SOFTWARE on any two (2) computers ("COMPUTERS") for business/office/mobile/laptop/home use and/or for the purpose as a back-up copy.

Storage/Network Use. If you wish to store or install a copy of the SOFTWARE on any COMPUTERS connected to an internal network, you must first acquire from Rational Acoustics additional licenses for the SOFTWARE for each computer connected to that internal network on which the SOFTWARE is to be used. This EULA does not permit the SOFTWARE to be used concurrently on more than two (2) computers per licensed user unless additional seats on that license have been purchased.

a.	Limitations on Reverse Engineering, Decompilation and Disassembly: You may not reverse engineer, decompile, or disassemble any and all parts, objects or units contained within the SOFTWARE.

b.	Separation of Components: The SOFTWARE is licensed as a single product. Its component parts and any upgrades may not be separated for use on more than two computers.

c.	Rental: You may not lend, rent or lease the SOFTWARE to any other person or entity. This does not preclude rentals of computers on which the software is legally installed.

d.	Termination: Without prejudice to any other rights, Rational Acoustics 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 and all of its component parts.

3. COPYRIGHT. All title, including but not limited to copyrights, in and to the SOFTWARE and any copies thereof are owned by Rational Acoustics or its licensors. All rights not expressly granted are reserved by Rational Acoustics.

4. PRODUCT SUPPORT. Refer to the documentation for the SOFTWARE for product support. Should you have any questions concerning this EULA, or if you desire to contact Rational Acoustics for any other reason, write to Rational Acoustics, LLC, 241 H Church Street, Putnam, CT 06260 or support@rationalacoustics.com

5. LIMITED WARRANTY. Rational Acoustics warrants that the media on which the SOFTWARE is distributed is free from defects in materials and workmanship for a period of ninety (90) days from your receipt thereof. Your exclusive remedy in the event of any breach of the foregoing warranty shall be, at Rational Acoustics' sole option, either (a) a refund of the amount you paid for the SOFTWARE or (b) repair or replacement of such media, provided that you return the defective media to Rational Acoustics within ninety (90) days of your receipt thereof. The foregoing warranty shall be void if any defect in the media is a result of accident, abuse or misapplication. Any replacement media will be warranted as set forth above for the remainder of the original warranty period or 30 (thirty) days from your receipt of such replacement media, whichever is longer. EXCEPT AS EXPRESSLY SET FORTH HEREIN, RATIONAL ACOUSTICS, ITS SUPPLIERS OR LICENSORS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, IN CONNECTION WITH THE SOFTWARE AND ANY ACCOMPANYING DOCUMENTATION, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.

7. LIMITATION OF LIABILITY. IN NO EVENT WILL RATIONAL ACOUSTICS, ITS SUPPLIERS OR LICENSORS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, COVER OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, USER DOCUMENTATION OR RELATED TECHNICAL SUPPORT, INCLUDING WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA OR COMPUTER PROGRAMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL RATIONAL ACOUSTICS, ITS SUPPLIERS' OR ITS LICENSORS' LIABILITY EXCEEDS THE AMOUNT PAID BY YOU FOR THE SOFTWARE PRODUCT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. TERMINATION. The license will terminate automatically if you fail to comply with the terms, conditions, or limitations contained in this EULA, including the payment of applicable license, renewal or other fees. On termination, you shall, at Rational Acoustics’ option, either return to Rational Acoustics or destroy all copies of the Software and documentation. This EULA shall remain in force until terminated. You may terminate this EULA at any time (with no obligation on the part of Rational Acoustics) by destroying all copies of the Software, deleting any copies of the Software from your hard drives, ceasing all use of the Software and documentation. The disclaimer of warranty and limitations on liability contained in Section 7 shall continue in force even after your rights to use the Software are terminated.

9. SILLY AND MEANINGLESS CLAUSE. Rational Acoustics warrants that it will not use nonsensical words like “waka waka,” “zoinks” or “throatwobblermangrove” anywhere in this EULA (besides this clause.) Further, Rational Acoustics warrants that this clause is devoid of any significant legal meaning and has only been included to determine if the End-User is actually reading this document. Moreover, the only quantifiable impact of this clause is to force the total count of clauses in this EULA to number 13.

10. UPGRADES. If the Software is designated by Rational Acoustics as an “Upgrade” product, then you may only use the Software if the End-User is also currently a licensed user of the base product to which the Upgrade applies. Unless the Rational Acoustics documentation for an Upgrade specifically provides, you shall not separate upgrade products from base products, nor transfer them separately. Rational Acoustics reserves the sole and exclusive right to set its policies and prices regarding updates, upgrades and enhancements. All other terms of this EULA apply with equal force to any such Upgrades.

11. DEMO OR EVALUATION VERSIONS. If Rational Acoustics designates the Software as a “Demo” or “Evaluation” version, t hen the your license rights under this EULA shall extend solely for a 30-day evaluation period, during which the End-User use is restricted solely to allow you to determine whether to purchase an ongoing license to the Software. You may not make copies of the Demo or Evaluation version of this Software, including documentation nor shall you request donations for any such copies or distribute Demo or Evaluation versions of the Software to third parties without prior written permission. Unregistered use of the Software, including documentation, beyond the 30-day evaluation period violates Rational Acoustics rights, as described above, including but not limited to Rational Acoustics rights under the United States Copyright Act. You acknowledge that any Demo or Evaluation version is merely a technology demonstration that may not be at the level of performance or compatibility of generally available Rational Acoustics products. Demo or Evaluation versions are provided strictly on an “as is” basis and are subject to Section 6, above.

12. SEVERABILITY. If any of the provisions, or portions thereof, of this Agreement are invalid under any applicable statute or rule of law, they are to that extent to be deemed omitted and the balance of this Agreement shall remain in full force and effect.

13. MISCELLANEOUS. The laws of the United States and the State of Connecticut govern this EULA, without reference to conflicts of law principles. This EULA sets forth all rights for the user of the SOFTWARE and is the entire agreement between the parties. This EULA supersedes any other communications with respect to the SOFTWARE and any associated documentation. This EULA may not be modified except by a written addendum issued by a duly authorized representative of Rational Acoustics. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by Rational Acoustics or a duly authorized representative of Rational Acoustics. If any provision of this EULA is held invalid the remainder of this EULA shall continue in full force and effect. The parties confirm that it is their wish that this EULA has been written in the English language only. The End-User agrees that this EULA is entered into at Putnam, Connecticut and further agree that any legal or equitable dispute brought or arising under this EULA shall be brought in court of choice in Windham County in the State of Connecticut.