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AstoundSound Expander for Windows 3.0.4 Download Page

AstoundSound Expander for Windows 3.0.4

Publisher's Description:

AstoundSound Expander for Windows - The AstoundSound Expander processes all audio on your PC (movies, music, games). It takes stereo audio as input and produces a significantly wider stereo image, while preserving center information (e.g. vocals/center staged instruments) in real time.




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User License Agreement:

SOFTWARE LICENSE AGREEMENT PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (THIS "LICENSE") CAREFULLY BEFORE USING THE SOFTWARE ACCOMPANYING IT (THE "GENAUDIO ...

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SOFTWARE LICENSE AGREEMENT

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (THIS "LICENSE") CAREFULLY BEFORE USING THE SOFTWARE ACCOMPANYING IT (THE "GENAUDIO SOFTWARE").
THIS LICENSE IS A LEGAL AGREEMENT BETWEEN YOU (AN INDIVIDUAL OR A SINGLE ENTITY) AND GENAUDIO, INC ("GENAUDIO") FOR THE GENAUDIO SOFTWARE. BY INSTALLING, COPYING, OR OTHERWISE USING THE GENAUDIO SOFTWARE, YOU AGREE TO BE BOUND BY THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL OR USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU MAY RETURN THE GENAUDIO SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF THE GENAUDIO SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK "DISAGREE/DECLINE".

IMPORTANT NOTE: This software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy or permit access to any material you should contact your legal advisor.

1. General.
The GenAudio Software, which includes all documentation and other materials accompanying this License whether on disk, in read only memory, on any other media or in any other form, is licensed, not sold, to you by GenAudio for use only under the terms of this License, and GenAudio reserves all rights not expressly granted to you. The rights granted herein are limited to GenAudio's and its licensors' intellectual property rights in the GenAudio Software and do not include any other patents or intellectual property rights. You own the media on which the GenAudio Software is recorded but GenAudio and/or GenAudio's licensor(s) retain ownership of the GenAudio Software itself.

2. Permitted License Uses and Restrictions.
This License allows you to install and use the GenAudio Software on one computer. You may not make the GenAudio Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the GenAudio Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. The GenAudio Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the GenAudio Software or any part thereof. THE GENAUDIO SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF ANY EQUIPMENT IN WHICH THE FAILURE OF THE GENAUDIO SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

3. Trial.
If the GenAudio Software is marked "Trial" or downloaded electronically on a "trial basis", this License shall apply to the trial usage of the GenAudio Software during the trial period which shall commence the first time you run the GenAudio Software and expire thirty (30) days thereafter (the "Trial Period"). Unless you purchase the GenAudio Software prior to the end of the Trial Period, the GenAudio Software will automatically cease functioning and this License shall expire upon the termination of such period. You may share the GenAudio Software installer with others so that they may electronically download the GenAudio Software on a trial basis on the terms and conditions set forth herein as well.

4. Upgrades.
The terms of this License will govern any software updates or upgrades provided by GenAudio or otherwise acquired by you that replace and/or supplement the original GenAudio Software product, unless such update or upgrade is accompanied by a separate license in which case the terms of that license will govern. Notwithstanding any other terms in this License, you may only use an updated or upgraded version of the GenAudio Software to replace the previous validly licensed versions of the same GenAudio Software. You agree that the update or upgrade does not constitute the granting of a second license to the GenAudio Software (i.e., you may not use the update or upgrade in addition to the GenAudio Software it is replacing, nor may you transfer the replaced GenAudio Software to a third party).

5. Transfer.
You may not rent, lease, lend, redistribute or sublicense the GenAudio Software. You may, however, make a one-time permanent transfer of all of your license rights to the GenAudio Software to another party, provided that: (a) the transfer must include all of the GenAudio Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the GenAudio Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the GenAudio Software reads and agrees to accept the terms and conditions of this License.

6. Consent to Use of Data.
You agree that GenAudio and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the GenAudio Software and to verify compliance with the terms of this License. GenAudio may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

7. Termination.
This License is effective until terminated. Your rights under this License will terminate automatically without notice from GenAudio if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the GenAudio Software and destroy all copies, full or partial, of the GenAudio Software.

8. Technical Support.
GenAudio will endeavor to provide technical support services related to the GenAudio Software ("Technical Support") but GenAudio does not guarantee that any such support will be available or that such support will be able to correct any problems you may have with the GenAudio Software. The use and provision of any and all Technical Support is governed and directed by GenAudio in its sole and absolute discretion. Any supplementary software code or other materials provided to you as part of the Technical Support shall be considered part of the GenAudio Software and subject to the terms and conditions of this Agreement.

9. Disclaimer of Warranties.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE GENAUDIO SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GENAUDIO SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GENAUDIO AND GENAUDIO'S LICENSORS (COLLECTIVELY REFERRED TO AS "GENAUDIO" FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GENAUDIO SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. GENAUDIO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GENAUDIO SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE GENAUDIO SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GENAUDIO SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GENAUDIO SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GENAUDIO OR A GENAUDIO AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE GENAUDIO SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL GENAUDIO BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE GENAUDIO SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF GENAUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall GenAudio's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of the cost of the GenAudio Software to you. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

11. Export Control.
You may not use or otherwise export or reexport the GenAudio Software except as authorized by United States law and the laws of the jurisdiction in which the GenAudio Software was obtained. In particular, but without limitation, the GenAudio Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the GenAudio Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.

12. Controlling Law.
This License will be governed by and construed in accordance with the laws of the State of Colorado, as applied to agreements entered into and to be performed entirely within Colorado between Colorado residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

13. Severability.
If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

14. Complete Agreement.
This License constitutes the entire agreement between the parties with respect to the use of the GenAudio Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by GenAudio.

15. Governing Language.
Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.


Rev 11/11/08
DEN 96735835

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