Moodmixer-Channelmanager 1.0

End User License Agreement (“EULA”),terms and conditions, copyright declaration and Disclaimer

Please read German version in the installation package before isntalling

By installing the software Moodmixer™-Channelmanager YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.

End User License Agreement (“EULA”),terms and conditions, copyright declaration and Disclaimer

Please read German version in the installation package before isntalling

By installing the software Moodmixer™-Channelmanager YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.

This copyright declaration and the "End User License Agreement" and

disclaimers are based on and regulated by German law. This is a legally non-binding translation of the most important facts for our customers for convenience purposes. Only the wording of the German version of this EULA is decisive.

All programs and documents were created based on German law. If there were any infringements of changed, international or any other applicable law, it is done unintentional.

Please let us know about any infringement or breach of law in order to allow corrections.

By using or distributing the software or any other services provided by

PWsoft you acknowledge that you have read and understood this agreement and

you agree to be bound by this agreement's terms and conditions. You also agree that this agreement is the complete and exclusive statement of the rights and liabilities of the parties and supersedes all proposals or prior agreements, oral or written and any other communication between the parties relating to the subject matter of this agreement.

I SCOPE OF APPLICATION

These EULA, copyright declaration, terms and conditions apply to all

services provided to users of the Moodmixer™-Channelmanager.

Moodmixer™-Channelmanager can be used either for controlling Moodmixer™Webservices for automated non-stop playlist generation or to produce playlists limited in length. This Eula applies to both user groups.

Any amendments from these have to be specifically confirmed in writing by PWsoft. In case of contradictions between any provision of the PWsoft EULA and any other provision of EULA/terms and conditions, the provision of the PWsoft EULA shall prevail. PWsoft may at any time alter or change its terms and conditions and EULA.

II Trial-Version

1. Evaluation and licensing

You have the right to use the trial version of MOODMIXER™-Channelmanager (subsequently called “Software”) for an unlimited time, starting on the day of installation, free of charge.

The software is limited in functionality:

a) Local Playlist production: locally pre-planned playlists can only be saved with up to 10 entries in all available formats. If you want to produce playlists up to 31 days length or 999 entries, You MUST REGISTER and pay the fee for the registered version in order to obtain a non-exclusive full user licence. If you don’t register the software will stay limited.

You can register the Software and pay for the licence at any time via a link to a registration form on the internet. You will be required to enter Name, address and the MOODMIXER™-Channelmanager serial number as well as a valid e-mail address, which will be used to send the licence key to you.

The licence for local playlist production does not entitle you to a user account for the use of the Moodmixr™-Web service.

b) Control Moodmixer™-Web service: This functionality can only be activated if a licence for a user account for the Web service has been obtained.

For prices and account login data please mail to info@moodmixer.com

Once you have received account information you can use the Moodmixer™-Channelmanager to fully control playlist generation and administrate different music channels and Channel groups.

c) Produce playlist control files for Moodmixer™-Player(Local streaming feature):

This functionality is implemented in full but you require a licence for the Moodmixer™-Player. In this case please send a request to PWsoft at info@moodmixer.com

You agree that any violation of this agreement by the licensee will

cause PWsoft immediate and irreparable harm for which PWsoft shall be

entitled automatically for temporary and permanent injunctive relief,

in addition to all other available legal and equitable remedies.

2. Transfer of trial version

You may copy the original distribution package for the Software to

other users who wish to evaluate it. Any copy must be complete,

including all files, the documents and a copy of this Licence

Agreement. Anyone to whom you distribute the Software is also subject

to this Licence. You may not copy or disclose your registration code

or registered full version to any other user whilst still using it

yourself.

The software may not be rented or leased, but the user may freely

evaluate and distribute the trial version of the software, a small

charge or fee may be charged for the physical act of transferring a

copy. This software may be distributed on online services, bulletin

boards, or other electronic media, and on CD-ROM, disk, or other

physical media as long as the distribution package is not modified.

Retailers or other distributors should refer to PWsoft and check for

the latest version. You can find more information at:

http://www.moodmixer.com/

III. REGISTERED FULLY LICENCED VERSION

1. User rights

If you pay the registration fee for the appropriate licence, PWsoft will grant you a non-exclusive licence, unlimited in time,

for one person to use one copy of the Software notwithstanding whether the licensee is a person or a business. Once

payment has been processed, you will receive a key file that transforms the

shareware version into a fully licensed version (subsequently called

licensed software).

If you do want to use the software on more than one computer (i.e. in a network) you must obtain licences in the amount of these computers.

2. Copies

You may save a software copy to ONE hard drive or to ONE CD. You are

NOT allowed to produce more copies!

3. Transfer of software and alteration

A lasting transfer of the software (e.g. as a gift or a sale) is only

allowed if the software is sold or given away with all copies of the

registered Version including all software files and documentation. In this case, the

software installation on the initial owners PC has then to be removed.

Any other form of sale, transfer or disposition of the software MOODMIXER is NOT allowed.

You may NOT copy, emulate, clone, rent, lease, sell, modify,

decompile, disassemble, otherwise reverse engineer, or transfer the

licensed program, or any subset of the licensed program, except as

provided for in this agreement. Any such unauthorized use shall

result in immediate and automatic termination of this license and may

result in criminal and/or civil prosecution.

Without prejudice to any other rights, PWSoft will 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 Product and all of its

component parts.

IV. UPGRADES and UPDATES

1. Upgrades

Definition: Upgrades are enhanced new versions of the software with more and new features to it. An upgrade can be identified by the first digit left of the decimal point in the version number

Upgrades of the software also have to be purchased by the

licensee. The licensee will be informed by email if new upgrades are

available.

The owner of a fully registered version is NOT entitled to any upgrade.

2. Updates

Updates are any improvement, enhancement or amended version of the whole or a part of the Software that may be issued by the Licensor from time to time.

Updates can be identified by different digits right of the decimal point in

the version number (e.g. Version 1.19 )

Whenever there is an update available all registered users will be informed

by email where and how a free of charge update file can be downloaded. In

some cases the registered user will receive the update file right away by

e-mail.

V. WARRANTY AND LIABILITY

PWsoft have carefully developed and tested this software.

The software and related documentation are provided to licensee "as is".

All express or implied conditions, representations, and warranties,

including any implied warranty of merchantability, satisfactory

quality, fitness for a particular purpose, or non-infringement, are

disclaimed, except to the extent that such disclaimers are held to be

legally invalid. This software is not fault tolerant and should not be

used in any environment, which requires this, such as on-line control

of aircraft.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, PWSOFT’S AGGREGATE

LIABILITY TO LICENSEE OR TO ANY THIRD PARTY FOR CLAIMS RELATING TO

THIS AGREEMENT, WHETHER FOR BREACH OR IN TORT, WILL BE LIMITED TO THE FEES

PAID BY LICENSEE FOR THE SOFTWARE WHICH IS THE SUBJECT MATTER OF THE CLAIMS.

IN NO EVENT PWSOFT WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL,

INCIDENTAL OR CONSEQUENTIAL DAMAGE IN CONNECTION WITH OR ARISING OUT OF THIS

AGREEMENT (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER

ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN

IF PWSOFT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED, EVEN IF ANY EXCLUSIVE

REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

VI. REFERRALS AND LINKS

Links to third party Web sites are provided solely for convenience purposes.

If you use these links, you will leave this site. PWsoft has not reviewed

all of these third party sites and does not control and is not responsible

for any of these sites or their content. PWsoft does not endorse or make any

representations about them, or any information, software or other products

or materials found there, or any results that may be obtained from using

them. In addition, we make no representation regarding the content or

accessibility to content that may or may not be suitable for viewing by

minors or other persons. Please contact the individual webmaster regarding

their content. If you decide to access any of the third party sites linked

to this Site, you do this entirely at your own risk.

Please let us know if any of our links link to illegal pages.

VII. DATA SECURITY AND PRIVACY

At PWsoft, your right to privacy and data security is a primary concern. But we can not guarantee the safety of all information we receive.

We would like to advise our users to take all possible precautions for

internet safety.

The user agrees that all data collected from the users of our software and

web pages will solely be used in order to be able to supply you with new

information about the software and PWsoft.

For any request for support of a special kind (e.g. restoring a corrupted

database), we will compare the stored user data with the given data by the

user requesting support.

The user can easily withdraw his consent for the future. Simply send an

e-mail to PWsoft info@moodmixer.com.

PWsoft will not issue or sell any user data to third parties or use these

data for other purposes.

VIII. CHATS, MESSAGE BOARDS AND MAILING LISTS

PWsoft offer a message board/forum for all Users of its software, where the user community can be informed about latest developments and can

exchange Information about the usage of the software. PWsoft can not accept

responsibility for any entries made into the message boards or available

mailing lists of any kind. Each user uses the facilities provided by PWsoft

at his sole risk and his own responsibility.

IX. COPYRIGHT

PWsoft- shall be credited as the owner of the SOFTWARE in all

distribution of the SOFTWARE. PWsoft is the exclusive world-wide

licenser of the SOFTWARE, and the copyrights and other proprietary

rights therein. The SOFTWARE is intended solely for distribution as

trial ware (i.e. restricted in use software); it is not public domain

or free software or freeware.

The SOFTWARE shall be identified by name and shall be identified as

Trial ware in all distribution. Any other form of distribution than stated

in this agreement requires the formal permission of PWsoft.

The Moodmixer™-Channelmanager software is exclusively copyrighted © 2007-2008 by PWsoft GbR Peter-Wolfgang Fischer & Kerstin Laveatz

(Hamburg, Germany). The Moodmixer™-Channelmanager

Logo, all icon logos, graphical surface, and all its related

documentation are copyrighted © 2007-2008 by Peter-Wolfgang Fischer &

Kerstin Laveatz of PWsoft (Hamburg, Germany). All rights reserved.

All other trademarks are trademarks of their respective owners.

X. APPLICABLE LAW AND JURISDICTION

This EULA shall be governed by and construed in accordance with German Law

without reference to conflict of laws provisions.

PWSoft is based in and directs its operations from locations in Germany.

All legal proceedings relating to the Software or the formation or

interpretation of this Agreement shall be brought only in courts located in

Germany, and you hereby expressly submit to the jurisdiction of such courts

and consent to extra-territorial service of process.

XI. SALVATORIAN CLAUSE

If any provision of this AGREEMENT is held to be void, invalid or

unenforceable, it will not affect the validity of the remaining provisions of this

AGREEMENT, which shall remain valid and enforceable according to its terms

and conditions.

Instead of the invalid/void provisions regulations of German Law are applicable.