AmplitudePro Xtra
License Agreement

By using the AmplitudePro Xtra software, you are automatically agreeing to all of the terms of this agreement. If you do not agree with the terms of this agreement, then do not use the software and delete all electronic copies of the software and documentation.

1. License to Use

Marmalade Multimedia, as licensor, grants you, the Licensee, a non-exclusive and non-transferable license (The License) for the use of the AmplitudePro Xtra software in machine-readable form and accompanying documentation (The Software). A Single-user License entitles the Licensee to use The Software on a single computer at any one time at a single location. A Site License entitles the Licensee to use The Software on multiple computers at a single location.

2. License Restrictions

Marmalade Multimedia retains title and ownership of The Software regardless of the form or media on or in which the original or any copy may exist. The Software is copyrighted, The Licensee shall not modify, decompile, disassemble, decrypt, extract, or otherwise determine the source code of The Software. The Software may not be transferred, leased, assigned, or sublicensed. The Licensee may not modify or create derivative works based upon the Software in whole or in part. The Licensee shall not use data derived from or generated by the unregistered version of The Software for any commercial purpose without prior written permission from Marmalade Multimedia.

3. License to Distribute

The Licensee is permitted distribute the registered version of The Software only where The Software is used in a software product developed by The Licensee. The Licensee is permitted to place the packaged Shockwave(TM) safe version of The Software on a server which is connected to the Internet from which end-users can download and install The Software for use in Shockwave products developed by The Licensee. The Licensee is not permitted to disclose or distribute the registration codes for The Software.

4. Software Upgrades

Upgrades and improvements to The Software may be made available for free or for sale to Licensed users, entirely at the discretion of Marmalade Multimedia.

5. Warranty

The Software is provided AS IS, without a warranty of any kind. The Licensee acknowledges that The Software cannot be guaranteed to be error free and further acknowledges that the existence of any such errors shall not constitute a breach of this license.

6. Disclaimer of Warranty

EXCEPT AS SPECIFIED IN THIS LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.

7. Limitation of Liability

IN NO EVENT WILL MARMALADE MULTIMEDIA BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE. IN NO EVENT SHALL MARMALADE MULTIMEDIA'S LIABILITY TO CUSTOMER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE LICENSE FEE CHARGED FOR SOFTWARE.

8. Term of License

This license commences at the time The Licensee commences using The Software and is granted in perpetuity but may be terminated automatically for any of the following; if The Licensee is in breach of any term or condition of this agreement; if The Licensee, being a corporation, becomes the subject of insolvency proceedings; if The Licensee, being a firm or partnership, is dissolved; or if The Licensee destroys The Software for any reason. Upon termination, The Licensee or its representative shall destroy any remaining copies of The Software or otherwise dispose of such material in the manner directed by Marmalade Multimedia and Marmalade Multimedia shall be relieved of any and all obligations under this license. Termination pursuant to this clause shall not affect any rights or remedies which Marmalade Multimedia may have otherwise under this license or at law.

9. Waiver

Failure or neglect by either party to enforce at any time any of the provisions of this agreement shall not be construed or deemed to be a waiver of that party's rights under this license.

10. Governing law

This license shall be governed by and construed according to the law of the New South Wales, Australia.

11. Miscellaneous

This Agreement is the entire agreement between The Licensee and Marmalade Multimedia relating to The Software, and supersedes all prior communications, proposals and representations with respect to its subject matter, and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communication between the parties during the term of this Agreement.