Terms of Service (VenueMagic End-User License Agreement)
The products are guaranteed to be shipped and delivered in full functional working order. By opening the box and/or installing the software you agree to abide by the end user license agreement (EULA). Copies of this agreement are posted on this site, in the getting started guide and as part of the installation.
Purchases of “download only” products are final and non-refundable.
VenueMagic End-User License Agreement
IMPORTANT—READ CAREFULLY: This EULA is a legal agreement between you (either an individual or a single entity) and Entertainment Sciences Group, Inc., herein referred to as “ESG, Inc.” for the use of software. The term “Software” refers to VenueMagic, and any updates to the software, any supplemental code provided to you by ESG, Inc., the user manual, any associated software components, any related media and printed materials, any “online” or electronic documentation, and any associated converting hardware (USB to DMX). YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.
IT IS ILLEGAL AND STRICTLY PROHIBITED TO DISTRIBUTE, PUBLISH, OFFER FOR SALE, LICENSE OR SUBLICENSE, GIVE OR DISCLOSE TO ANY OTHER PARTY, THIS SOFTWARE IN HARD COPY, DIGITAL FORM OR ANY OTHER MEDIUM WHETHER EXISTING OR NOT YET EXISTING, EXCEPT AS SPECIFICALLY PERMITTED BELOW.
The use of this Software is governed by the terms and conditions set forth herein. This EULA is applicable to the Software, whether in its indivisible whole or any divisible part thereof, and any documents or supplemental materials included with the Software. You are deemed to have read, understood and accepted the terms of this EULA when you install or use the Software.
1. LIMITED LICENSE: You are granted a limited, non-exclusive license to install the Software on an individual personal computer or other device for your own use provided that such computer does not render the Software accessible to other users through local or Internet networks or other methods. Only the individual that purchased and installed the Software, will have license to use the Software. Use by any other person, company, affiliate, corporation, Limited Liability Company, trust, or other separate legal entity will require a separate license. This includes companies that may be affiliated to you by ownership or otherwise. The license granted herein shall remain in effect perpetually, but shall terminate upon your use of the Software beyond the scope licensed herein or upon your violation of any term or condition hereof. All protections with which ESG, Inc. is provided under this EULA shall survive the termination of your license to use the Software.
2. COPYRIGHT: The Software and supporting documentation is copyright protected 2009 by ESG, Inc. ESG, Inc. retains all title, ownership, and intellectual property rights in the Software, including but not limited to all supporting documentation, files, marketing material, images, multimedia and applets. The Software is protected by copyright and other intellectual property laws and by international treaties. The Software may include security measures designed to control access and prevent unauthorized copying and use. You agree not to interfere with any such security components. ESG, Inc. permits you to download, install, use, or otherwise benefit from the functionality or intellectual property of the Software only in accordance with the terms of this EULA. Use of any third party material included in the Software may be subject to the terms and conditions typically found in the party’s own license agreement.
3. COPYRIGHT – MUSIC LIBRARY: All music included with the Software audio library is copyrighted by ESG, Inc. It is included in the purchase price and is intended solely for use with the Software and for no other purposes. Unauthorized reproduction of music content is strictly prohibited.
4. SOUND EFFECTS LIBRARY: The sound effects library contains both copyrighted and non-copyrighted material. It is provided, as-is, solely for convenience and is not included in the purchase price of the product. ESG, Inc. also provides for downloading the sound effects library as a separate component free of charge.
5. THIRD PARTY COPYRIGHT: This Software may be used to reproduce materials. It is licensed to you only for reproduction on non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy, edit, replay or use any material you should first contact your legal advisor.
6. CONFIDENTIALITY: The Software contains trade secrets and proprietary know-how that belong to ESG, Inc. and it is being made available to you in strict confidence. You shall not disclose to any third party any proprietary information concerning trade secrets, methods, processes or procedures or any other confidential or business information relating to the development or operation of the Software during the course of performance and use under this EULA. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS EULA, MAY BE ACTIONABLE AS A VIOLATION OF ESG, INC.’S PROPRIETARY RIGHTS.
7. EVALUATION VERSION: You may use the evaluation version of the Software 15 days for evaluation purposes without any charge. You must pay the license fee and register your copy to continue to use the Software after the evaluation period is over. Otherwise, you must delete (uninstall) the Software from your computer. For information on paying the license fee and registering your copy of the Software, please visit http://www.venuemagic.com. The evaluation software may be distributed freely as long as you don’t modify, change, or alter the Software from its original form.
8. REGISTERED VERSION: You may install and use one copy of the registered Software on one personal computer or other device. You also may install an additional copy of the Software on a second, portable device for the exclusive use of the primary user of the first copy of the Software. Beyond this, you may not copy the registered Software in whole or in part. You may permanently transfer all of your rights to the registered copy of the Software under this license provided you transfer all copies of the Software and the recipient agrees to the terms of this license. All rights not expressly granted under this license are reserved by ESG, Inc.
9. RESTRICTIONS: You may not: (i) modify, reverse engineer, decompile or disassemble the Software in any way, including changing or removing any message or windows; (ii) alter the Software in whole or in part in any way; (ii) modify or create any derivative works of the Software or documentation, including any customization, modifications, enhancements, or translations without ESG, Inc.’s express written consent; (iii) rent or lease the Software without express written permission from ESG, Inc.; (iv) reverse engineer, decompile, disassemble, make or otherwise attempt to derive the source code of the Software, or the underlying ideas or algorithms of the Software; (v) attempt to gain unauthorized access to and documents, ESG, Inc. servers or any other service, account, computer system or network associated with the Software or with ESG, Inc., it’s affiliates, agents, partners and customers; (vi) remove or alter any trademark, logo, copyright or other proprietary notices or symbols in the Software; (vii) block, disable, or otherwise affect any advertising, banner window, tab, link to websites and services, or other features that are part of the Software; (viii) incorporate, integrate or otherwise include the Software or any portion thereof into any software, program or product; (ix) provide false information when registering the Software; (x) digitally transmit or make available the Software or its content through local networks, intranets, extranets, FTP, online discussion boards, forums, list-serve, peer-to-peer networks or technologies, newsgroups, bulletin boards, or any other mode of shared communication system, or place the Software onto a server so that it is accessible via a pubic network such as the Internet; (xi) use the Software in any way that violates this EULA or any law; or (xii) authorize or assist any third party to do any of the things described in this section.
10. WAIVER & SEVERABILITY: ESG, Inc.’s waiver of any breach of this EULA shall not constitute an amendment to this EULA or ESG, Inc.’s waiver of subsequent breaches. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of this EULA, which will remain valid and enforceable according to its terms.
11. AMENDMENTS: ESG, Inc. reserves and keeps full rights to change any part of the Software whether now or any time in the future. ESG, Inc. also reserves the right to unilaterally amend all offers, pricing terms or other matters pertaining to the Software, ESG, Inc.’s website or this EULA. No course of dealing or trade usage shall be deemed to amend the terms of this EULA.
12. GOVERNING LAW: This EULA shall be governed by and construed under the laws of the State of California. You consent and agree that all legal proceedings relating to the subject matter of this EULA shall be maintained in courts sitting within the State of California, and that jurisdiction and venue for such proceedings shall lie exclusively with such courts.
13. LIMITATION OF LIABILITY: EXCEPT AS REQUIRED BY LAW, ESG, INC. AND ITS EMPLOYEES, DIRECTORS, LICENSORS, CONTRIBUTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. IT IS UNDERSTOOD THAT YOU SHALL FOLLOW ALL APPLICABLE SAFETY STANDARDS AND RULES IN THE OPERATION OF THE SOFTWARE TO CONTROL ANY DEVICE, WHETHER SUCH USE WOULD HAVE FORESEEABLY LED TO LIABILITY OR NOT. IN NO CASE SHALL YOU USE THE SOFTWARE TO CONTROL ANY DEVICE WHERE A MALFUNCTION COULD RESULT IN DEATH, INJURY, OR DAMAGE TO EQUIPMENT, INCLUDING BUT NOT LIMITED TO THE USB TO DMX PROTOCOL CONVERTOR. ESG, INC.’S LIABILITY UNDER THIS EULA IS LIMITED TO REPLACEMENT OF A CD-ROM CONTAINING THE SOFTWARE AND WILL NOT EXCEED FIVE DOLLARS (US$5.00).
14. DISCLAIMER OF WARRANTY: THIS SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ESG, INC. BE LIABLE FOR ANY DAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OF THIS SOFTWARE, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS.
15. VIOLATIONS OF THIS EULA: ESG, Inc. reserves all rights not specifically granted to you above. ESG, Inc. will have the right to proceed against you in the event that you infringe against ESG, Inc.’s rights. Any use not within the precise scope of this EULA set forth herein will be considered an infringement. You acknowledge and agree that ESG, Inc.’s damages in the event of your violation of this EULA will be substantial and that ESG, Inc. will suffer irreparable harm in such event. As such, ESG, Inc. shall have the right to obtain equitable remedies, including but not limited to recovery of damages, obtaining injunctions, recovering statutory damages, recovering attorney fees, and any other available legal remedy.
16. TERMINATION: This EULA automatically terminates if you fail to comply with any of the terms and conditions herein, and you shall promptly destroy all copies of the Software and associated documentation you possess. Furthermore, ESG, Inc. shall have the sole and exclusive right to immediately terminate this EULA and revoke your license to use the Software should you fail to perform any obligation required under this EULA or engage in activity that ESG, Inc. deems harmful to its well-being. This EULA takes effect upon your installation of the Software and remains effective until terminated. The termination of this license does not limit other rights ESG, Inc. may have by law.
17. COMPLETE AGREEMENT: This is the entire EULA between ESG, Inc. and you relating to the Software and it supersedes any prior representations, discussions, undertakings, warranties, communications or advertising relating to the Software.