This End-User License Agreement ("EULA") is a legal agreement between you, the end-user of this software, and Rui Curado (the “Vendor”).
This EULA agreement governs your acquisition and use of Cydrea Music software ("Software").
Please read this EULA agreement carefully before completing the installation process and using the Cydrea Music software. It provides a license to use the Cydrea Music software and contains warranty information and liability disclaimers.
This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor's successors and assigns.
This Agreement does not create or imply any relationship in agency or partnership between the Vendor and you.
By installing and/or using the Cydrea Music software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by the Vendor herewith regardless of whether other software is referred to or described herein. The terms also apply to any updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
The Vendor hereby grants you a personal, non-transferable, non-exclusive license to use the Cydrea Music software on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the Cydrea Music software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Cydrea Music software.
You are not permitted to:
Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things:
The Vendor shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of the Vendor.
The Vendor reserves the right to grant licenses to use the Software to third parties.
The Software is provided by the Vendor and accepted by you as is. Liability of the Vendor will be limited to a maximum of the original purchase price of the Software. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by you arising out of the use or failure to use the Software.
The Vendor makes no warranty, expressed or implied, regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for your specific requirements.
The Vendor does not warrant that use of the Software and any supporting Internet service will be uninterrupted or error-free. You accept that the Software, like any other software in general, is prone to bugs and flaws, and the supporting Internet service is prone to outages, within an acceptable level as determined by the industry.
The music generated by Cydrea Music is the result of complex algorithms and large databases, and the produced songs and/or melodies are not under the control of the Vendor. Any generated melody might resemble, in whole or in part, an already existing, copyrighted, melody. As such, it’s your responsibility to ensure that the music you obtain with Cydrea Music is in compliance with any applicable copyright laws before releasing it or incorporating it in a publicly available product or service. The Vendor will not be liable for any damages resulting from any legal actions made against you by any third party due to your failure to perform such copyright verification.
The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright or applicable statute.
No direct user support or maintenance is provided as part of this EULA Agreement.
In the context of license protection and product quality monitoring, the Vendor collects software usage and server access information. The vendor guarantees that: no Personal Identifiable Information (PII) is collected; no information is shared with third parties.
The Vendor will be free of liability to you where the Vendor is prevented from executing its obligations under this EULA Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken appropriate action to mitigate such an event.
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to the Vendor.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
The parties to this EULA agreement submit to the jurisdiction of the courts of Portugal for the enforcement of this EULA Agreement or any arbitration award or decision arising from this EULA Agreement, which shall be governed by and construed in accordance with the laws of the Portuguese state and any applicable European Union laws.