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WolframTones Content License Agreement

IMPORTANT: THIS CONTENT LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU AND WOLFRAM RESEARCH. READ IT CAREFULLY BEFORE USING THE CONTENT. IT PROVIDES A LICENSE TO USE THE CONTENT AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY DOWNLOADING AND/OR USING THE CONTENT, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE CONTENT AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT DOWNLOAD OR USE THE CONTENT.


License Grants

Upon successful payment for and receipt of content, Wolfram Research grants you a nonexclusive, nontransferable right to install and make personal noncommercial use of the content on a single device such as a computer or phone. You may not reproduce, copy, or distribute, by any means, method, or process whatsoever, any of the content licensed by this Agreement, with the exceptions of (i) maintaining a single copy of content for archival purposes, and (ii) incidental temporary copying of content during the process of getting the content onto the final device.

You agree that Wolfram Research may audit your use of the content for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the content by you other than in full compliance with the terms of this Agreement, you shall reimburse Wolfram Research for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such noncompliance.

Certain rights are not granted under this Agreement, but may be available under a separate agreement. For commercial and other uses, please contact us.


License Restrictions

Under this Agreement:

  • You may not sell, rent, lease, or sublicense the content.
  • You may not use the content for commercial purposes.
  • You may not broadcast, publish, or publically perform the content.
  • You may not modify the content or create derivative works based upon the content.

You may not make or distribute copies of the content, or use the content on more than one device simultaneously. You may keep one copy of the content for archival purposes.

If you fail to comply with this Agreement, Wolfram Research may terminate the license.


Ownership

The foregoing license gives you limited license to use the content. Wolfram Research retains all right, title, and interest, including all copyright and intellectual property rights, in and to the content and all copies thereof. All rights not specifically granted in this Agreement are reserved by Wolfram Research.


Disclaimer of Warranties

THE CONTENT IS PROVIDED TO YOU ON AN "AS IS" BASIS. WOLFRAM RESEARCH PROVIDES NO TECHNICAL SUPPORT, WARRANTIES, OR REMEDIES FOR THE CONTENT.

WOLFRAM RESEARCH DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. WOLFRAM RESEARCH DOES NOT WARRANT THAT THE CONTENT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. WOLFRAM RESEARCH SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE.

IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE CONTENT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.


Limitation of Liability

WOLFRAM RESEARCH SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE THE CONTENT, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE CONTENT AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF WOLFRAM RESEARCH OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

WOLFRAM RESEARCH'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF US$50 OR THE AMOUNT PAID BY YOU FOR THE CONTENT THAT CAUSED SUCH DAMAGE.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.


Basis of Bargain

The Disclaimer of Warranties and Limitation of Liability set forth above are fundamental elements of the basis of the Agreement between Wolfram Research and you. Wolfram Research would not be able to provide the content on an economic basis without such limitations.


General

This Agreement shall be governed by the laws of the State of Illinois, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the Federal and State courts sitting in Champaign County, Illinois.

This Agreement, in conjunction with the WolframTones Terms of Use, contains the complete understanding between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any license order or other written notification or document issued by you in relation to the content licensed hereunder shall be of no effect. The failure or delay of Wolfram Research to exercise any of its rights under this Agreement or upon any breach of this Agreement shall not be deemed a waiver of those rights or of the breach.

If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect.

All questions concerning this Agreement shall be directed to:

Wolfram Research, Inc.
Attn: Legal Department
100 Trade Centre Drive
Champaign, IL 61820
USA