Kiss Software | Kiss Sounds: Terms of Service

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Kiss Sounds | The Ultimate Audio Recorder

Please read the following terms and conditions before using this website or software. Unless you have a different license agreement signed by Kiss, your use of this website or the Kiss Sounds software indicates your acceptance of this license agreement and warranty. The installation and utilization of Kiss products or 2nd party or 3rd party software (hereinafter the "SOFTWARE") on your computer are expressly subject to full and unreserved acceptance of this Software Utilization License Agreement (hereinafter "LICENSE"). The LICENSE constitutes an agreement between you (a natural or legal person), the end user of the SOFTWARE (hereinafter the "USER") and the publisher of the SOFTWARE (hereinafter referred to as "PUBLISHER").

USER LICENSE: The PROGRAMs are protected by international laws and treaties as regards intellectual property. No right of ownership is granted to the USER under the LICENSE, only a right of use is granted to the USER. By this LICENSE, the PUBLISHER grants the USER a personal, non-transferable right of use in accordance with the terms stated below or included in 2nd party or 3rd party software:

Our Kiss Software is licensed as Purchased Software meaning that we provide a free trial version also known as Free Version for our end-users to try out before purchasing our software. Once our software is purchased, there will be no refunds issued based on the fact that you tried it first and verified it met with your specific needs. 2nd and 3rd party software purchased from Kiss Software has no warranties expressed or implied and no refunds will be given.

SINGLE WORKSTATION USAGE: Regarding Kiss Custom Software: The term means single usage and may be installed and used only by a single USER on a single computer at any one time. Consequently, the PROGRAM must not be installed, displayed, shared or used concomitantly from the computer or on distinct computers.

MULTIPLE WORKSTATION PROGRAM: Regarding Kiss Custom Software: The term means a PROGRAM that may be installed and used by a specified number of USERS representing an equivalent number of computers. The PROGRAM must not be installed, displayed, shared or used from or on a number of computers greater than the number of workstations authorized which is (1) one and by any one person at any specific time.

FREE VERSIONS: Regarding Kiss Custom Software: You may use FREE VERSIONS on one or more computers for an unlimited period of time (subject to any time and/or functionality restrictions that may be incorporated into the trial or free version) or unless Kiss Software determines to discontinue usage of the FREE VERSIONS. However, you are not entitled to receive technical support nor the full functionality that comes with the REGISTERED SOFTWARE until a license fee has been paid.

OWNERSHIP / RESTRICTIONS: DISCLAMER OF WARRANTY: Regarding Kiss Custom Software and 2ndparty and 3rd party software :THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. Because of the various hardware and software environments in which Kiss Sounds can be installed, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. Should the Software prove defective, you and not Kiss ASSUME THE ENTIRE COST OF ANY DAMAGES OR LOST PROFITS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) RESULTING FROM THE INFORMATION CONTAINED IN OR PRODUCED BY THE SOFTWARE. YOU ASSUME ALL RESPONSIBILITIES FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE.

The user must assume the entire risk of using the program. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE unless otherwise noted within this TOS.

CONCERNING THE PROGRAM: The PUBLISHER reserves all rights, of any kind whatsoever, not expressly granted under the LICENSE. Modifying, adapting, translating, decompiling or undertaking any inverse engineering, disassembling or attempting to find out the source code of the PROGRAM is strictly prohibited.

CONCERNING THE MULTIMEDIA FILES PROVIDED WITH THE SOFTWARE: The PUBLISHER and its licensor(s) reserve all their intellectual property rights pertaining to multimedia files that may be provided with the PROGRAM: without limitation, images, audio or video files. The use of those files is reserved for the personal use of the LICENSE holder, excluding any other use and in particular (i) for commercial use, or (ii) if the PROGRAM is not used for its intended purpose.

CONCERNING THE MULTIMEDIA FILES SERVED WITHIN THE BUILT-IN BROWSER: Websites served thru the built-in browser are marked and can be identified as to Ownership. The OWNERS and The PUBLISHERS of 3rd party websites {that are displayed thru the Built-In Browser retain their own usage policies that can be read from the 3rd party websites. Our built in browser is included as a free service and may be excluded at any time based upon the needs of the PUBLISHER.

CONCERNING THE COPYRIGHT LAW OF ORIGINAL WORKS: Use of Kiss Software to create derivative works from any original works that are protected by copyright, including but not limited to recordings, videos and pictures, without first obtaining express permission from the copyright owners is illegal and Infringements of copyright law may be subject to civil and/or criminal prosecution.

PROTECTION AGAINST COPYING - ACTIVATION KEY - VERIFICATION MEASURES: The PROGRAM may include a technological measure to protect it against copying in order to prevent any unauthorized reproduction. In accordance with the law, the USER must not circumvent or attempt to circumvent any protective measure against unauthorized copying.

Activating or running the PROGRAM beyond a certain period of time may require the entry of an activation key previously supplied to the USER. The USER recognizes that the activation key is the PUBLISHER's exclusive property, that it is strictly confidential information and that, consequently, it must not be disclosed to third parties. The USER undertakes to implement all means available and to act in good faith in order to protect the confidentiality of the activation key.

As part of the measures for verifying the use of the program and/or activation keys, when an Internet connection is open the PROGRAM may test the validity of the program and/or key used for the PROGRAM on the site of the USER's computer. During this test, statistical information only is sent to the PUBLISHER: no personal or nominative information and/or any information that is not directly related to the SOFTWARE are sent to the PUBLISHER or to third parties.

Software is not to be used to download, copy, record or distribute audio that is copyrighted: The recording features of Kiss Sounds are intended for the recording/reproducing of non-copyrighted materials or materials the user is legally permitted to reproduce. Unauthorized recording / reproduction / copying is punishable under federal law of the United States and other countries may have similar copyright laws. You agree that you will not to use Kiss Sounds to record copyrighted music. Applicable laws provide severe civil and criminal penalties for the unauthorized reproduction, distribution and digital transmission of copyrighted sound recordings. If you do not understand copyright laws; consult your attorney before recording copyright materials or music.

COMMUNICATION NETWORK DATA TRANSFER: The PROGRAM may enable the sending and reception of data over communication networks and is plainly marked as a form. The use of means of communication and the transfer of data over networks are operations for which it is not possible to guarantee either the confidentiality or integrity of data. Data transferred by means of the PROGRAM if utilized is wholly and solely USERS' responsibility and AT THEIR OWN RISK AND PERIL. Consequently, the USER cannot hold the PUBLISHER liable for loss or damage suffered, without limitation, subsequent to the impossibility of transferring data, for the interception of data by third parties or for data lost on transfer. Any forms utilizing the internet are plainly identified and utilized at the sole discretion of USER.

AGE REQUIREMENT: You must be at least 18 years of age or over the age of majority in your residing country or state to download and register Kiss Sounds. If you are under 18 or not over the age of majority, you must present this Agreement and the Licensed Software Agreement (provided with the Kiss Sounds download) to your parent or legal guardian, and he or she must enter into this Agreement on your behalf. Children under the age of 13 may not download or register Kiss Sounds, and parents or legal guardians may not register on their behalf. By installing Kiss Sounds and/or registering Kiss Sounds indicates your acceptance to this Licensed Software Agreement and you represent that (1) you have read, understood and agree to be bound by this Agreement and (2) you are at least 18 years old, or {over the age of majority in your residing country or state} either entering into this Agreement for yourself or entering on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of Kiss Sounds.

TERM: The LICENSE is made for a definite period of time as stipulated by the license purchased. The LICENSE will be terminated automatically, without prior notice, in the event of breach by the USER of any one whatsoever of the provisions herein. Termination will result for the USER in the obligation to destroy all copies of the PROGRAM and associated documentation. In the event of breach by the USER of any one whatsoever of the provisions herein, there will no refunds given.

LIMITED WARRANTY: The PUBLISHER warrants that the physical medium carrying the PROGRAM is free from defects in materials and production for all normal uses. The warranty is valid for 90 days from delivery or from purchase of the PROGRAM. In the event of defect, the remedy offered by the PUBLISHER will, at its option, to replace the defective medium. The PUBLISHER warrants that the PROGRAM is in accordance with its documentation but gives no express warranty as to its correct operation and in particular that the PROGRAM will satisfy performance requirements or that it will run without discontinuity or bugs. The
PUBLISHER gives no other express or implicit warranty under the LICENSE.

REFUND POLICY: Regarding Kiss Custom Software: Kiss Software products are available for a no-cost evaluation prior to purchase. This evaluation/trial period is provided so users can determine whether our software meets their requirements. Users are urged to download and evaluate the software prior to purchase. During this evaluation period, users should assess the software's abilities to meet their needs. Kiss Software offers no warranty that its software is suited for a specific purpose. This determination is at the sole discretion of the purchaser. All software sales are final. Kiss Software does not provide refunds on purchases of its software.

COPYRIGHT INFORMATION: Regarding Kiss Custom Software: The Kiss Sounds program and all documentation available from this site are considered commercial property with copyrights by Kiss Software, Inc. All products, brand names and logos are trademarks or registered trademarks of their respective holders.

PARTIAL NON VALIDITY: If any one of the clauses or provisions in the LICENSE is ruled null and void or not written, the remaining provisions shall nonetheless remain valid.

GOVERNING LAW: This agreement shall be governed by the laws of the State of Florida.

Last updated on April. 29, 2011

Kiss Sounds requires compatible hardware and software and Internet access. Kiss Sounds is not to be used to copy, record, reproduce, download or distribute audio that is copyrighted. The recording features of Kiss Sounds are intended for the recording of noncopyrighted materials or materials the user is legally permitted to record. Terms apply.