End User License Agreement
READ CAREFULLY: This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or an entity) and Magic Hills Pty Ltd. By purchasing, and/or downloading, and/or using any of our SOFTWARE (or using our SOFTWARE), you agree to be bound by the terms of this EULA.
1. GRANT OF LICENSE
(a) Free Version
If you are using the Free Version SOFTWARE you are hereby licensed to make copies of the Free Version SOFTWARE as you wish; give exact copies of the original Free Version SOFTWARE to anyone; and distribute the Free Version SOFTWARE in its unmodified form via electronic means (Internet, BBS’s, Shareware distribution libraries, CD-ROMs, etc.). You may not charge any distribution fee for the copy or use of the Free Version SOFTWARE itself, but you may charge a distribution fee that is reasonably related to any cost you incur distributing the Free Version SOFTWARE (e.g. packaging). You must not represent in any way that you are selling the software itself. Your distribution of the Free Version SOFTWARE will not entitle you to any compensation from Magic Hills Pty Ltd. The players created with Free Version will include a watermark and link to the SOFTWARE home page https://amazingaudioplayer.com.
(b) Commercial Version
After you have purchased the Commercial License for SOFTWARE, and have received the file of full version, you are licensed to copy the SOFTWARE only into the memory of the number of computers corresponding to the license you purchased. You may not duplicate the SOFTWARE in whole or in part, except that you may make one copy of the SOFTWARE for backup or archival purposes. You may terminate this license at any time by destroying the original and all copies of the SOFTWARE in whatever form. You may permanently transfer all of your rights under this EULA provided you transfer all copies of the SOFTWARE (including copies of all prior versions if the SOFTWARE is an upgrade) and retain none, and the recipient agrees to the terms of this EULA.You may not redistribute, modify or resold the SOFTWARE in any way without the written permission of Magic Hills Pty Ltd. You may not rent, lease, or lend the SOFTWARE. You may not use the software and its created sliders in any software or application that compete with products and services of Magic Hills Pty Ltd.
We provide three kinds of Commercial Versions:
Standard Version: You may install the software on two computers for your personal, educational, non-profit and commercial use. You may use the created Sliders on one website. You may not redistribute the created sliders in any forms, including but not limited to templates, themes, software and applications. The computers that install the software must belong to the same person/organisation and must be located in the same physical address.
Unlimited Version: You may install the software on two computers for your personal, educational, non-profit and commercial use. You may use the created Sliders on unlimited websites. You may not redistribute the created sliders in any forms, including but not limited to templates, themes, software and applications. The computers that install the software must belong to the same person/organisation and must be located in the same physical address.
Enterprise Version: You may install the software on ten computers for your personal, educational, non-profit and commercial use. You may use the created Sliders on unlimited websites. You may redistribute the created sliders in templates and themes. The computers that install the software must belong to the same person/organisation and must be located in the same physical address.
3. PROHIBITED USE
You may not use the SOFTWARE on website(s) and/or webpage(s) that contain inappropriate, unlawful, illegal or offensive content.
Without prejudice to any other rights, Magic Hills Pty Ltd 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.
5. REFUND POLICY
If you are not satisfied with your purchase, please contact us within 30 days of your order and we will try to resolve any issues. If we are not able to resolve your issues, we will give you a 100% refund (excluding CD-ROM services, and other pre-stated non-refundable services and/or products).
The SOFTWARE is owned by Magic Hills Pty Ltd, and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold, to You for use solely subject to the terms and conditions of this Agreement.
7. LIMITED WARRANTY
THE 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 WILL THE AUTHOR or AUTHORS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OF THE SOFTWARE, EVEN IF 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 AS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, SUPERSEDING ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS LICENSE.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL Magic Hills PTY LTD OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF Magic Hills PTY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL LEGAL ISSUE SHOULD BE JUDGED BY THE COURT INDICATED BY Magic Hills PTY LTD.
9. DISCONTINUATION OF PRODUCTS
WE RESERVE THE RIGHTS TO DISCONTINUE THE PRODUCTS AT ANY TIME, AT OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE TO YOU.
10. STOP SERVICES
WE RESERVE THE RIGHTS TO REFUSE OR CEASE PROVIDING PRODUCTS OR SERVICES TO YOU AT ANY TIME, AT OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE TO YOU.
11. CHANGES TO THIS AGREEMENT
WE RESERVE THE RIGHTS TO MAKE CHANGES TO THIS AGREEMENT WITHOUT ANY PRIOR NOTICE AT OUR SOLE DISCRETION.