Rhythmizer Ultra - Software License and Usage Agreement

By clicking on the “Agree” button in the installer, installing, copying or otherwise using
Rhythmizer Ultra (hereafter the Software), you agree to be bound by the
terms of this License Agreement. If you do not agree to the terms of this
License Agreement, click on the “Disagree” button and/or do not install the
Software
.
1. License. YOU (either as an individual or an entity) MAY: (a) use this
Software on any number of computers that you own provided that the
Software is used on only one computer at a time; and (b) make backups of
the Software in the event that the first Software installation becomes
unusable.

YOU MAY NOT: (a) distribute copies of the Software or the Documentation to
others; (b) modify or grant sub-licenses or other rights to the Software; and (c)
use the Software in a computer service business, network, time-sharing, or
multiple user arrangement without the prior written consent of Future Media
Oy (hereafter Futurephonic).

The License is effective until terminated. You may terminate this License at
any time by destroying the Software together with any copies in any form.
This Agreement, including the license to use the Software, will terminate
automatically if you fail to comply with any term of condition of this Agreement.

2. Ownership. This License is not a sale of the Software. Futurephonic and its
licensors retain all rights, interest, title in and ownership of the Software,
Firmware and Documentation, including all intellectual property rights. No title
to the intellectual property in the Software and Firmware is transferred to you.
You will not acquire rights to the Software and Firmware except as expressly
set forth above.

3. No Reverse Engineering and Other Restrictions. You agree that you will not
(and if you are a corporation, you will use your best efforts to prevent your
employees and contractors from attempting to) reverse engineer,
disassemble, compile, modify, translate, investigate or otherwise study the
Software (including, but not limited to any software, firmware, hardware
components or circuits) in whole or in part.

4. Compliance with Laws and Indemnification. You agree to use the Software
in a manner that applies to all applicable laws in the jurisdiction in which you
use the Software, including all intellectual property laws. You may not use the
Software or Firmware in conjunction with any device or service designed to
circumvent technological measures employed to control access to, or the
rights in, a content file or other work protected by the copyright laws of any
jurisdiction. You agree to indemnify, defend, and hold harmless Futurephonic
from and against losses, damages, expenses, (including reasonable lawyer’s
fees), fines, or claims arising from or relating to any claim that the Software
was used by you to violate, either directly or indirectly, another party's
intellectual property rights.

5. No Other Warranties. Future Media Oy AND ITS LICENSOR(s) (hereafter
collectively 'Futurephonic') DO NOT WARRANT THAT THE SOFTWARE NOR
ANY THIRD-PARTY SOFTWARE EMBEDDED (collectively 'SOFTWARE')
ARE ERROR FREE. YOU EXPRESSLY ACKNOWLEDGE THAT THE
SOFTWARE AND DOCUMENTATION ARE PROVIDED 'AS IS.'
Futurephonic DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE
SOFTWARE OR THE ACCOMPANYING DOCUMENTATION. SHOULD THE
SOFTWARE PROVE DEFECTIVE, YOU (AND NOT Futurephonic OR AN
AUTHORISED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION.

6. No Liability for Consequential Damages. IN NO EVENT SHALL
Futurephonic BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL,
INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF
THE USE OF THE SOFTWARE, EVEN IF Futurephonic HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Futurephonic's
LIABILITY FOR ANY CLAIM, LOSSES, DAMAGES OR INJURY, WHETHER
CAUSED BY BREACH OF CONTRACT, TORT OR ANY OTHER THEORY
OF LIABILITY, SHALL NOT EXCEED THE FEE PAID BY YOU. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSIONS MAY NOT APPLY TO YOU.

7. Governing Law. This Agreement will be governed by the laws of the United
Kingdom. Notwithstanding anything contained in this Paragraph to the
contrary, Futurephonic shall have the right to institute judicial proceedings
against you or anyone acting by, through, or under you, in order to enforce
Futurephonic's rights hereunder through reformation of contract, specific
performance, injunction or similar equitable relief.

8. Entire Agreement. This is the entire agreement between you and
Futurephonic and supersedes any prior agreement, whether written or oral,
relating to the subject matter of this Agreement. No amendment or
modification of this agreement will be binding unless in writing and signed by
a duly authorised representative of Futurephonic.

ALL FEATURES AND SPECIFICATIONS SUBJECT TO CHANGE WITHOUT
NOTICE.

Copyright ©2023, Future Media Oy and its licensors.

Additional Licenses

This software contains portions of FigBug/Gin
Copyright (c) 2018, Roland Rabien
All rights reserved.

Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation and/or
other materials provided with the distribution.
* Neither the name of the copyright holder nor the names of its contributors
may be used to endorse or promote products derived from this software
without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND
CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.

The Windows version uses AVIR image resizing algorithm.
Copyright (c) 2015-2021 Aleksey Vaneev

Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY
KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN
NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM,
DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR
OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
OTHER DEALINGS IN THE
SOFTWARE.

This software also uses:

rxcpp - Copyright (c) Microsoft Open Technologies, Inc. All rights reserved.
See https://github.com/ReactiveX/RxCpp/blob/main/license.md for license
details.

readerwriterqueue - Copyright (c) 2013-2021, Cameron Desrochers
All rights reserved.

Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list
of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this
list of conditions and the following disclaimer in the documentation and/or
other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND
CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.