{"id":13,"date":"2022-04-21T13:33:25","date_gmt":"2022-04-21T13:33:25","guid":{"rendered":"https:\/\/www.escaladormusic.com\/EscaladorMusic\/?page_id=13"},"modified":"2023-01-26T11:57:59","modified_gmt":"2023-01-26T11:57:59","slug":"refund_returns","status":"publish","type":"page","link":"https:\/\/www.escaladormusic.com\/EscaladorMusic\/refund_returns\/","title":{"rendered":"End User License Agreement"},"content":{"rendered":"

End-User License Agreement (EULA)<\/strong><\/span><\/p>\n

This End-User License Agreement (EULA) is a legal agreement between user and escaladormusic.com. It governs user’s acquisition and use of Escalador Software.<\/span>
\nRead this EULA agreement and Terms & Conditions (T&C) carefully before downloading\/purchasing, installing or otherwise using the Escalador Software. By using the Escalador Software in any way, user is confirming the acceptance of the Software and agreeing to become bound by the terms of this EULA agreement and T&C. This EULA agreement is effective from the date user first uses the Software in any way and shall continue until terminated.<\/span>
\nEULA does not apply to any open source components that the Escalador software makes use of, referring only to proprietary components developed by escaladormusic.com.<\/span><\/p>\n

Definitions<\/strong><\/span><\/p>\n

\u2022 Agreement – a contract between the parties incorporating this document, and any amendments to that contract from time to time<\/span>
\n\u2022 Content – text, graphics, animations, user and visual interfaces, images, trademarks, logos, music, videos, design, artwork and computer code.<\/span>
\n\u2022 Escalador – irrespective of the version nomenclature, the base product name.<\/span>
\n\u2022 Software – Escalador software including any content incorporated into the Software and any \u201conline\u201d or electronic documentation collectively.<\/span>
\n\u2022 System – Computer (ex. home computer or a workstation) on which Software will be installed.<\/span>
\n\u2022 Use – downloading, installation, copying, storing, executing, loading, searching, displaying or otherwise using the Software.<\/span>
\n\u2022 User – individual or legal entity using Software, services or site.<\/span>
\n\u2022 Account – user profile created\/registered for use with Software for means of profile management, authentication and authorization to access services provided by escaladormusic.com.<\/span><\/p>\n

Copyright<\/span><\/strong><\/p>\n

The Software is licensed, not sold, therefore any and all copies of escaladormusic.com Software are owned by escaladormusic.com. This agreement only gives user some rights to use the software as expressly permitted in this agreement. escaladormusic.com reserves all other rights. With exception to open-source components, escaladormusic.com will at all times retain ownership of the Software and its associated documents as originally downloaded by user and all subsequent downloads of the Software. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made to it) are and shall remain the property of escaladormusic.com.<\/span><\/p>\n

Limitation of Liability<\/span><\/strong><\/p>\n

escaladormusic.com is not liable for any acts, omissions and conduct of any third parties in connection with or related to user use of escaladormusic.com site, software or services.<\/span>
\nIn no event shall escaladormusic.com be liable to the user for any loss, damages, claims or costs whatsoever, including any special, consequential, indirect or incidental damages, any lost profits or lost savings, lost data, loss of privacy, any damages resulting from business interruption, personal injury or failure to meet any duty of care, or claims by a third party arising out of the use or inability or inappropriate use of the Software, even if escaladormusic.com has been advised of the possibility of such loss, damages, claims or costs in advance.<\/span><\/p>\n

Limited Warranty<\/span><\/strong><\/p>\n

The Software is provided \u201cAs Is\u201d without warranty of any kind, express or implied, including, but not limited to, warranties of performance or merchantability or fitness for a particular purpose. If the Software does not perform substantially in accordance with the documentation, user’s exclusive remedy will be limited to, at escaladormusic.com sole discretion, correction of the defect in the Software, if any, or refund of the actual cost paid by the user for the Software, subject to “Disclaimer” section in T&C. Alternatively user can terminate agreement as described in “Termination” section.<\/span>
\nescaladormusic.com will try to resolve the issues arising from this Software, however cannot warrant:<\/span>
\n\u2022 Performance of the Software on user’s specific System.<\/span>
\n\u2022 Compatibility with third-party software or hardware.<\/span>
\n\u2022 That the Software will meet user’s requirements.<\/span>
\n\u2022 That the operation of Software will be uninterrupted or error-free.<\/span>
\n\u2022 That all errors will be corrected.<\/span>
\nThis limited warranty is void if failure of the Software has resulted from accident, abuse, misapplication or violating the EULA or T&C.<\/span><\/p>\n

Support<\/strong><\/span><\/p>\n

escaladomusic.com offers online support for this Software, pre and post sale. The nature of support can be free or on payment basis and the option of switching from free or on payment basis may be amended without prior notice, at the discretion of escaladormusic.com. escaladormusic.com will try to resolve the issues arising from this Software. User will cooperate with the support team for investigation of issues.<\/span><\/p>\n

Updates<\/strong><\/span><\/p>\n

escaladormusic.com may from time to time issue updates or upgrades of the Software, including on different application platforms.<\/span>
\nAll updates and upgrades will be available to the user at a fixed price, subscription or free of cost, and on the conditions prescribed by escaladormusic.com. escaladormusic.com keeps the exclusive rights whether to develop or maintain the Software further or to withdraw the Software from offering for download, without any prior notice to the user.<\/span><\/p>\n

Data<\/strong><\/span><\/p>\n

The software may collect information about user, user\u2019s system and use of the software, and send that to escaladormusic.com. You may opt-out of some of these scenarios, but not all.<\/span>
\nData collected by the software are:<\/span>
\n\u2022 User\u2019s system information and\/or user related information – Mandatory as part of necessitating an update\/upgrade and maintenance or fraud detection with regards to the Software.<\/span>
\n\u2022 Software log information – used to help detect and resolve errors as well as optimise the Software. escaladormusic.com undertakes to store such information securely in an encrypted form and take all reasonable measures to prevent any unauthorized use of such information.<\/span><\/p>\n

Governing Law<\/strong><\/span><\/p>\n

The Software and its associated documents are exported from France This T&C is expressly made subject to any Laws, regulations, orders, or other restrictions on the export from France, of the Software or information about such Software, which may be imposed from time to time by the Government of France.\u2028T&C shall be governed, construed and implemented by the laws of France without giving effect to conflict of laws principles. All disputes under T&C shall be subject to the exclusive jurisdiction of the High Court of Justice of France.<\/span><\/p>\n

Legal Terms and Restrictions<\/strong><\/span><\/p>\n

\u2022 No failure to enforce any term of this EULA shall constitute a waiver of such term.<\/span>
\n\u2022 User shall not assign its obligations hereunder in whole or in part without the prior written approval of escaladormusic.com.<\/span>
\n\u2022 If any part of this EULA is for any reason found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this EULA shall not be affected and shall remain in effect.<\/span><\/p>\n

Age Factor<\/strong><\/span><\/p>\n

Users below 18 years of age should receive parental or guardian guidance related to downloading and using the Software. If user is below 18 years of age, escaladormusic.com assumes that user has obtained necessary permission or guidance before downloading or using the application and that user’s parents or guardians have no objection in this regard and have read, understood and accepted the EULA and T&C agreements on behalf of user. In certain countries, the minimum age for downloading, installing or using digital Software may vary subject to local laws and escaladormusic.com assumes that the user has made an informed and legal decision.<\/span><\/p>\n

License Grant<\/strong><\/span><\/p>\n

User may download Escalador and purchase a license from escaladormusic.com website or through other authorized third party websites for personal use. All licenses to the Software are revocable, non-exclusive, non-transferable, limited licenses to install and use the copy of the Software and its associated documents.<\/span>
\nUser is not permitted to, nor can allow any other person to:<\/span>
\n\u2022 Modify, adapt, translate, de-compile, disassemble or reverse engineer the Software or any portion thereof, in any manner.<\/span>
\n\u2022 Attempt to break security, access, tamper with or use any unauthorized portion of the Software.<\/span>
\n\u2022 Remove any Copyright, Trade Mark or other proprietary rights notices contained in the Software.<\/span>
\n\u2022 Attempt to collect or maintain any information about other users of the Software or other third parties for unauthorized purposes.<\/span>
\n\u2022 Transmit or attempt to transmit the Software over any network or between any devices unauthorized, enabling the use of the Software on multiple Systems.<\/span>
\n\u2022 Cause any portion of the Software to be copied onto another person\u2019s System.<\/span>
\n\u2022 Use the Software for transmission of any viruses, worms, defects, Trojan horses or other malicious code or items of a destructive nature.<\/span>
\n\u2022 Use the Software for any unlawful, copyright infringement, harassing, abusive, criminal or fraudulent purposes.<\/span>
\n\u2022 Rent, lease, sell, sublicense, assign or transfer rights in the Software<\/span><\/p>\n

Termination<\/strong><\/span><\/p>\n

Upon termination, the licenses granted by this EULA agreement will immediately terminate and user agrees to cease all access and use of the Software.<\/span>
\nAgreement can be terminated:<\/span>
\n\u2022 By user at any time upon ceasing all use of and uninstalling\/removing all copies of the Software (with all of its contents).<\/span>
\n\u2022 By escaladormusic.com if user fails to comply with any term of this EULA or T&C agreement. In such case termination of agreement may be immediate and without notice. escaladormusic.com may, at its sole discretion, initiate legal action against user in case of violation of this EULA or T&C agreement, which may result in civil and\/or criminal penalties for the user.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

End-User License Agreement (EULA) This End-User License Agreement (EULA) is a legal agreement between user and escaladormusic.com. It governs user’s […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-13","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.escaladormusic.com\/EscaladorMusic\/wp-json\/wp\/v2\/pages\/13","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.escaladormusic.com\/EscaladorMusic\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.escaladormusic.com\/EscaladorMusic\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.escaladormusic.com\/EscaladorMusic\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.escaladormusic.com\/EscaladorMusic\/wp-json\/wp\/v2\/comments?post=13"}],"version-history":[{"count":0,"href":"https:\/\/www.escaladormusic.com\/EscaladorMusic\/wp-json\/wp\/v2\/pages\/13\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.escaladormusic.com\/EscaladorMusic\/wp-json\/wp\/v2\/media?parent=13"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}