Please read this document carefully before proceeding with download or installation.  This Agreement licenses the software to you and contains warranty and liability disclaimers.  By checking the "I AGREE" box and clicking the "Download" button, you are confirming your acceptance of these disclaimers and agreeing to be bound by the terms of this Agreement. If you do not agree to these terms, do not download the material. You may print a copy of this License Agreement by selecting that option below.



   


1. Definitions:
(a) "Cakewalk" means Cakewalk Inc U.S., a corporation with offices located at 268 Summer Street, Boston, Massachusetts 02110, United States. (b) "Cakewalk Software" means the software program(s) found on this Website and downloaded there from, and all related updates supplied by Cakewalk. (c) "Cakewalk Product" means the Cakewalk Software and any related documentation, models and multimedia content (such as sound files or other data), and all related updates supplied by Cakewalk.

2. License:
This Agreement allows you to use the Cakewalk Product on a single computer or applicable Cakewalk equipment. You may make one copy of the Cakewalk Product in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends found on the original.

3. Restrictions:
You may not make or distribute copies of the Cakewalk Product, or electronically transfer the Cakewalk Product from one computer to another or over a network. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Cakewalk Software to a human-perceivable form. You may not modify, sell, rent, transfer, resell for profit, distribute or create derivative works based upon the Cakewalk Product or any part thereof. You may not export or reexport, directly or indirectly, the Cakewalk Product into any country prohibited by the United States Export Administration Act and the regulations thereunder.

4. Ownership:
The foregoing license gives you limited rights to use the Cakewalk Product. You do not become the owner of, and Cakewalk and its suppliers retain title to, the Cakewalk Product, and all copies thereof. All rights not specifically granted in this Agreement, including without limitation federal and international copyrights, patents, trademarks and other intellectual property rights, are expressly reserved by Cakewalk.

5. Disclaimer of Warranties and of Technical Support:
The Cakewalk Product is provided to you free of charge, and on an "AS IS" basis, without any technical support or warranty of any kind from Cakewalk including, without limitation, a warranty of merchantability, fitness for a particular purpose and non-infringement. 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 WHICH VARY FROM STATE TO STATE. These limitations or exclusions of warranties and liability do not affect or prejudice the statutory rights of a consumer; i.e., a person acquiring goods otherwise than in the course of a business.

6. Limitation of Damages:
NEITHER CAKEWALK NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF CAKEWALK OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF THE SERVICE, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERSÕ RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW. The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the bargain between Cakewalk and you. You agree that Cakewalk would not be able to provide the Cakewalk Software without such limitations.

7. Government End Users (USA only):
RESTRICTED RIGHTS LEGEND - The Cakewalk Software is "Restricted Computer Software." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable." Manufacturer: Cakewalk Inc., 268 Summer Street, Boston, Massachusetts, 02110, United States.

8. General:
This Agreement shall be governed by the internal laws of the United States of America and the State of Massachusetts, without regard to its conflicts of law provisions. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this Agreement should be directed to: Cakewalk Inc., 268 Summer Street, Boston, Massachusetts, 02110, United States.