Gigorama Download and Purchase Terms and Conditions This Limited Use Software License Agreement ("Agreement") provides the terms and conditions under which GIG LOGIC, INC. Corp. ("GIG LOGIC, INC.") is willing to grant you a non-exclusive right to use the GIG LOGIC, INC. GIGORAMA musician's gig managing software ("SOFTWARE"). PLEASE READ THIS AGREEMENT CAREFULLY. GIG LOGIC, INC. and you agree that the terms and conditions hereof will apply to the SOFTWARE and any derivatives obtained therefrom, including any copy. The term SOFTWARE includes programs, unlock / registration codes and related documentation. If you have executed a separate Software Agreement with GIG LOGIC, INC. covering the SOFTWARE, such Software Agreement will govern. 1. TITLE AND LICENSE GRANT The SOFTWARE is copyrighted and/or contains proprietary information by law. All SOFTWARE will remain the sole property of GIG LOGIC, INC. or its suppliers. GIG LOGIC, INC. hereby grants you a personal, non-transferable and non-exclusive right to use all SOFTWARE, in whatever form recorded, which is furnished to you under or in contemplation of this Agreement. You agree to use your best efforts to see that any user of the SOFTWARE licensed hereunder complies with the terms and conditions of this Agreement and refrains from taking any steps, such as reverse assembly or reverse compilation, to derive a source code equivalent of the software. 2. SOFTWARE USE AND COPYING · Each individual user of the SOFTWARE is permitted to make a single archive copy. 3. LIMITED WARRANTY · GIG LOGIC, INC. does not warrant that the functions of the SOFTWARE will meet your requirements or that SOFTWARE operation will be error-free. · GIG LOGIC, INC. has used reasonable efforts to minimize defects or errors in the SOFTWARE. HOWEVER, YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE, OR INABILITY TO USE THE SOFTWARE. · Unless a separate agreement for software maintenance is entered into between you and GIG LOGIC, INC., GIG LOGIC, INC. bears no responsibility for supplying assistance for fixing or for communicating known errors and/or regenerating personal lock codes to you pertaining to the SOFTWARE supplied hereunder. · GIG LOGIC, INC., ITS AFFILIATES, CONTRACTORS, SUPPLIERS AND AGENTS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 4. EXCLUSIVE REMEDIES AND LIMITATION OF LIABILITIES · YOU AGREE THAT YOUR SOLE REMEDY AGAINST GIG LOGIC, INC., ITS AFFILIATES, CONTRACTORS, SUPPLIERS, AND AGENTS FOR LOSS OR DAMAGE CAUSED BY ANY DEFECT OR FAILURE IN THE SOFTWARE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BE THE REPLACEMENT OF GIG LOGIC, INC. FURNISHED SOFTWARE, PROVIDED SUCH SOFTWARE IS RETURNED TO GIG LOGIC, INC. YOU FURTHER UNDERSTAND THAT ALL SELLS ARE FINAL AND THERE ARE NO REFUNDS ON ANY AND ALL SOFTWARE SELLS. YOU FURTHER UNDERSTAND THAT YOU ARE SOLEY RESPONSIBLE THE SAFE-KEEPING OF UNLOCK CODES ISSUED AND GIG LOGIC, INC. ITS AFFILIATES, CONTRACTORS, SUPPLIERS AND AGENTS ARE NOT REQUIRED TO REPLACE UNLOCK CODES IF MISPLACED ONCE ISSUED TO THE USER. THIS SHALL BE EXCLUSIVE OF ALL OTHER REMEDIES AGAINST GIG LOGIC, INC., ITS AFFILIATES, CONTRACTORS, SUPPLIERS OR AGENTS. 5. GIGORAMA VIRTUAL NETWORK READER SOFTWARE IS “FREEWARE” THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND THE PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE USER, AND IN NO EVENT WILL GIG LOGIC, INC., ITS AFFILIATES, CONTRACTORS, SUPPLIERS AND AGENTS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR DIRECT DAMAGES SUFFERED IN THE COURSE OF USING THE SOFTWARE. · Regardless of other provisions of this Agreement, neither GIG LOGIC, INC. or its affiliates, contractors, suppliers or agents shall be liable for any indirect, incidental, or consequential damages (including lost data, unlock codes or profits) sustained or incurred in connection with the use, operation, or inability to use the SOFTWARE or for damages due to causes beyond the reasonable control of GIG LOGIC, INC., its affiliates, contractors, suppliers and agents attributable to any service, products or action of any other person. · This Agreement shall be construed in accordance with and governed by the laws of the State of Oklahoma. GIG LOGIC, INC.'s failure to insist upon or enforce strict performance of any provision of this Agreement is not a waiver of any provision or right. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND THAT BY DOWNLOADING THE SOFTWARE YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES ALL PRIOR AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. [Back to download area]