End-User Software License Agreement

Important

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS, CONDITIONS AND 
RESTRICTIONS BEFORE INSTALLATION AND USE OF ANY SOFTWARE PROGRAMS 
PROVIDED BY SPINETIX A.G. OPENING THE SEALED SOFTWARE PACKAGE AND/OR 
INSTALLATION OR USE OF SUCH SOFTWARE PROGRAMS SHALL BE DEEMED TO 
CONFIRM YOUR ACCEPTANCE OF THESE TERMS, CONDITIONS AND RESTRICTIONS.

This License Agreement (this  "Agreement") is a legal agreement 
between you and SpinetiX A.G., a Swiss corporation ("SpinetiX") for 
the accompanying software, associated media, printed materials, 
audiovisual content, and  "online" or electronic documentation 
(collectively, the "Product"). By installing or using the Product, you 
agree to be bound by the terms of this Agreement. If you do not agree 
to all of the terms of this agreement, de-install all copies of the 
Product from your computer and return all Product materials to your 
distributor or SpinetiX for a refund of any license fees paid.

License

The Product is licensed, not sold. The Product is protected by 
copyright law and international copyright treaty provisions, as well 
as other intellectual property laws and treaties. You must not allow 
copies of the Product or any part of it to be made or distributed to 
anyone else. You may make backup copies of the software for archival 
purposes only.
SpinetiX grants to you a non-exclusive, non-sublicensable, license to 
use the Product for your own use only on a single computer.
The Product in source code form is confidential and SpinetiX 
protected trade secret and you may not attempt to reverse engineer, 
decompile, disassemble or otherwise decipher any portion of the 
Product. Reproduction and/or redistribution of any portion of the 
Product is specifically prohibited in the absence of a separate 
written agreement with SpinetiX.
All video, audio, and other content accessed through the Product is 
the property of the applicable content owner and may be protected by 
applicable copyright law. This Agreement gives you no rights to such 
content.
If you use the Product to create or distribute audio, video, or other 
content, SpinetiX is not responsible for such content, and you are 
solely responsible, for the property rights, legality, and regulation 
of all such content, including but not limited to  issues of copyright 
ownership and obscenity regulation worldwide.
SpinetiX retains all ownership and intellectual property rights in and 
to the Product. You agree to abide by the copyright law and all other 
applicable laws of Switzerland, including those relating to 
Switzerland export controls. You agree not to ship or re-export any 
portion of the Product to any destination to which it could not 
lawfully have been exported originally under those export controls.
If you breach this agreement SpinetiX may terminate this Agreement at 
any time by delivering notice to you. You may terminate this Agreement 
at any time by removing all copies of the Product from your computer 
or the player on which it is installed and destroying all Product 
materials. This Agreement is personal to you, and you agree not to 
assign your rights under it. This Agreement shall be governed by and 
construed in accordance with the laws of Switzerland relating to 
intellectual property in general, and to copyrights, patents, and 
trademarks in particular. You agree to submit all disputes to the 
exclusive jurisdiction of courts or tribunals located within the 
territorial boundaries of Switzerland.

Limited Warranty

SpinetiX warrants that the software will perform substantially in 
accordance with the accompanying user documentation for a period of 90 
days from the date of receipt.

The product is provided without any other express or implied 
warranties, including without limitation warranties of merchantability 
or fitness for a particular purpose. SpinetiX shall not be liable: (a) 
for incidental, consequential, special, or indirect damages of any 
sort whatsoever, whether arising in tort, contract, or otherwise 
(including without limitation damages for loss of business profits, 
revenues, or information, or for business interruption) resulting from 
your use of the product or your inability to use the product, even if 
SpinetiX has been informed of the possibility of such damages; or (b) 
for any claim by any party other than you. In no event shall SpinetiX 
liability to you exceed the amount you originally paid for the  
product. This limitation of liability shall not apply to liability for 
death or personal injury to the extent applicable law prohibits such 
limitation. Some states and jurisdictions do not allow the exclusion 
or limitation of incidental or consequential damages, so the above 
limitation and exclusion may not apply to you.

SpinetiX entire liability and your exclusive remedy shall be, at 
SpinetiX option, either (a) return of the price paid or (b) repair or 
replacement of the software. This Limited Warranty is void if failure 
of the software has resulted from abuse, or misapplication. Any 
replacement software will be warranted for the remainder of the 
original warranty period or 30 days, whichever is longer. Neither 
these remedies nor any product support services offered by SpinetiX 
are available without proof of purchase from an authorized source.

SpinetiX and HMP Hyper Media Player are registered trademarks, and all 
logo and graphic designs are trademarks of SpinetiX A.G. Other product 
and company names appearing in SpinetiX A.G. products and materials 
are used for identification purposes only and may be trademarks or 
registered trademarks of their respective companies. Registered and 
unregistered trademarks used in any SpinetiX A.G. products and 
materials are the exclusive property of their respective owners.

Version 1.1 - 17.04.2012

Copyright (C) 2014 SpinetiX A.G. All rights reserved.
