10.12.6 FULL COMPLIANCE WITH

The Software and Documentation shall be used only by you and your employees, and only for your own personal use or your internal business use, and shall not be used in the operation of a service bureau or for the benefit of any other person or entity without the prior written permission of Midiman, Inc. You may transfer the Software to other computers you own so long as you only use the Software on one computer at a time. And M-Audio ('Licensor') hereby grants to you a non-exclusive license to use the program and/or program update with which this license is distributed (the 'Software'), including any documentation files accompanying the Software (the 'Documentation') on a single server (if the Software is server based) or personal Computer or Mac (if the Software is PC or Mac based) to support one user, and to make one (1) backup copy of the Software, provided that (i) the Software is installed on only one (1) server or PC or Mac, as the case may be (ii) the Software is NOT modified (iii) all copyright notices are maintained on the Software and (iv) you agree to be bound by the terms of this license agreement. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT DOWNLOADING THE SOFTWARE.Midiman, Inc. For OS X.Terms & Conditions BY DOWNLOADING OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. MySQL Workbench and their sources are provided for download in compliance with the LGPL.

You may not transmit the Software over any network or between any devices. You may NOT reverse engineer, develop, decompile, translate, adapt or dissemble the Software, not shall you attempt to create the source code from the object code of the Software. It is acknowledged and agreed that the Software and Documentation licensed herein is covered by the Copyright Law of the United States of America, and by the Treaties of Berne, Buenos Aires and the UCC and all related and subsequent conventions and treaties, all rights not specifically granted herein being reserved to Licensor.You may NOT publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Software or any part thereof. Any use of the Software by any person, business, proprietorship, corporation, company, government entity or agency or any other entity not in strict conformance and compliance with the terms and conditions of this license agreement is strictly forbidden and shall constitute a violation of this license agreement and applicable copyright law throughout the world. No ownership interest in the Software or Documentation is transferred hereby, which ownership shall remain in Licensor.

10.12.6 Full Compliance With

This limited warranty is the only warranty provided by Licensor regarding the Software and, except for this limited warranty, the Software and the Documentation is provided 'AS IS.' To the maximum extent provided by law (some jurisdictions do not allow waiver or exclusion of implied warranties), Licensor disclaims all other warranties of any and all kinds, either expressed or implied, including without limitation, implied warranties of merchantability and fitness for particular purposes. Any use by you of the Software is at your risk. Should the Software not perform in accordance with any expectation you may have, your exclusive remedy, and Licensor's sole obligation under this warranty shall be, at Licensor's sole discretion, correction of the defect or, in the case of purchase of the product with which Software is operated, refund of the purchase price paid for such product. In order to provide you with this free service, Licensor is unable to offer or provide any warranty or make any representation about any benefit or opportunity which you may obtain from Software or Documentation. You shall NOT EXPORT Software or Documentation without the prior written consent of Licensor and then only in full compliance with all such law, regulations, orders and other restrictions.4.No Warranty and Limitations on Liability:A.

You may terminate this license agreement at any time by destroying or returning to Licensor all copies of the Software and Documentation in you possession, custody or control. This license agreement is effective upon acceptance by clicking the 'I AGREE' or like choice below, and remains effective until terminated. Use, duplication or disclosure by any Government or Governmental agency is subject to restrictions as set forth in subparagraph (b)(3) of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013 or subparagraph (c), (1) and (2) of the Commercial Computer Software-Restricted Rights clause of 48 CFR 52.227-19, as amended, or any successor or substantially similar or comparable regulations and/or restrictions. SOME JURISDICTIONS MAY NOT ALLOW WAIVER, LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES.This Software, including Documentation, is provided with RESTRICTED RIGHTS. LICENSOR'S LIABILITY WITH REGARD TO LICENSOR'S OBLIGATIONS UNDER THIS LICENSE AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATTION SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT WITH WHICH THE SOFTWARE IS TO BE USED (IN THE CASE OF INITIAL PURCHASE) OR THE FEE, IF ANY, PAID WITH RESPECT TO THE DOWNLOAD OF UPDATE. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU OR ANY PERSON FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ANY PROGRAM USING SOFTWARE, NOR WILL LICENSOR BE LIABLE FOR ANY CLAIM BY ANY OTHER, THIRD PARTY, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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