Although Trio Systems LLC ("Trio") does not pre-screen the content placed on the Panagram.com site by third parties, Trio makes every effort to ensure that it and all end users that access the site are in compliance with United States Copyright laws. If you, as a copyright owner believe that your copyrighted work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may contact Trio's designated copyright agent and we will make every effort to ensure that your rights are protected. Trio will not be a party to infringement on the Internet and will remove any content that is deemed to infringe a third party's rights.
The Digital Millenium Copyright Act of 1998 ("DCMA") sets out a procedure by which copyright owners may notify web site operators and internet service providers about infringement of their rights on the internet. If you believe that you have a claim for such infringement, you should contact Trio's designated copyright agent at:
Alan Bartholomew
Trio Systems LLC
4 E. Holly St Suite 211
Pasadena, CA 91103
USA
Provide the agent with the following information:
1.A signature of a person authorized to act on behalf of the copyright owner;
2.Identification of the copyrighted work claimed to have been infringed;
3.Identification of the material that is claimed to be infringing and/or a description of the infringing activity;
4.Identification of the location on this site where the material that you claim is infringing is located (e.g. specify the URL);
5.Your name, address, telephone number, and email address;
6.A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
7.A statement that you are the owner of an exclusive right that is allegedly infringed, or that you are authorized to act on behalf of the owner;
8.A statement by you, under penalty of perjury, that the information in the notification is accurate.
Upon receiving a complaint, in accordance with the procedure above, Trio will immediately remove the content that is the subject of the complaint from the site. Trio will then make a good faith effort to notify the provider of such content that a claim has been filed in order to allow the content provider to respond to the claim of infringement.
If a content provider would like to challenge a claim that its content violates another party's copyright, it may file a response in accordance with the procedure below.
If Trio or a third party notify you that a claim of copyright infringement has been filed against you, or if you discover that content provided by you has been removed from this website, you may file a response with the Trio Copyright Agent. Under the DCMA, once Trio receives a response that conforms to the requirements set out below, the content at issue may (at Trio's option) be restored to the site. The response must be sent to:
Alan Bartholomew
Trio Systems LLC
936 E. Green St. Suite 105
Pasadena, CA 91106
USA
Provide the agent with the following information:
1. A signature of the content provider or a person authorized to act on behalf of the content provider;
2.Identification of the content that has been removed pursuant to a claim of copyright infringement and the location on this site where it appeared prior to its removal;
3.A statement, under penalty of perjury, that the content provider has a good faith believe that the content was removed as a result of a mistake or misidentification and that the content does not violate U.S. copyright laws;
4.Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located, and that you will accept service of process from the complaining party.
Please be advised that there are substantial penalties under the U.S. Copyright law for filing a false response to a notice of copyright infringement.
These Terms Of Service ("TOS") form a contract between you ("You") and Trio Systems LLC ("Trio") concerning Your access to and use of Panagram.com(tm). You agree to the terms and conditions of this agreement when You sign up for Account Services by requesting an account at Panagram.com. For the purpose of this agreement, "Account Services" shall mean any of the services made available to users who have an account at Panagram.com including, but not limited to, multimedia recording, enhancement, encoding, hosting, and management.
Trio reserves the right to make changes to these TOS. Trio shall make reasonable efforts to notify You of such changes. Posting on the Panagram.com site a change notice or a new agreement is considered sufficient notice. However, You agree to be bound by any superceding TOS, even if You have not received notice of such a change. It is Your responsibility to periodically review the TOS to ensure compliance with the terms and conditions in effect. If changes in the TOS are not acceptable to You, Your only recourse is to terminate this agreement. Your continued use of Account Services after posting of a revised TOS constitutes ratification of Your acceptance of any new terms or conditions.
I. RIGHT TO ACCESS
Trio reserves the right to prevent and/or prohibit access to the Panagram.com system by anyone for any reason, consistent with applicable law. To assist in enforcing Trio's rights and responsibilities, You agree to allow Trio to uniquely identify any computer You use to access Panagram.com as the source of recordings made on Panagram.com. You acknowledge that use of Panagram.com is a privilege granted under this agreement and that Your rights to free speech will not be considered abridged in the event that You are denied access to Panagram.com.
II. SERVICE CONDITIONS
This agreement grants You permission to use Panagram.com and the Account Services to:
a) Make recordings using SoniClear/NP plugin, or SoniClear Studio (provided You have the appropriate license from Trio) in conjunction with the Panagram.com site.;
b) Manage recordings at Panagram.com using Your browser;
c) Host recordings at Panagram.com.
You do NOT have the right and You agree NOT to use Panagram.com for any of the following:
a) Unlawful or harmful behavior or conduct;
b) Copying of proprietary or copyrighted material, such as recording texts or music belonging to others, without obtaining written permission from the owner;
c) Publishing false, misleading, libelous, or defamatory statements about any organization or person;
d) Publishing hate speech, or other forms of personal, racial or ethnic harassment, such as anti-Semitic, or anti-gay commentary;
e) Publishing sexually explicit content. Sexual content will be considered permissible only if it meets the standards typically applied in the USA for discourse (or display) in public settings;
f) Publishing content that advocates, displays, or describes physical violence or abuse;
g) Any application, the proper performance of which is likely to be critical to personal health or safety. By way of illustration and not limitation, Panagram.com may not be used in a medical diagnostic application.
Trio has the sole discretion to determine if any content published using the Panagram.com violates these content restrictions.
III. FREE SERVICES
Free Account Services are offered, contingent on the following provisions:
a) Free Account Services are used for personal, non-commercial purposes;
b) Advertising messages will be displayed on the Panagram.com site and along with the playback of content hosted at Panagram.com;
c) Trio Systems LLC may revoke this free offer at any time.
IV. FEE-BASED SERVICES
Individuals or organizations may use Account Services free of charge for a single 30-day evaluation period for commercial purposes. After the 30-day evaluation period, commercial use of Account Services will only be provided on a fee basis, according to the fees currently published by Trio. Making commercial use of Panagram.com or Account Services without paying the prescribed fee constitutes a material breach of these TOS and results in automatic termination of the license and all rights granted herein.
V. ANCILLARY SOFTWARE
Trio may provide software to You for use in support of Account Services ("Ancillary Software"), including, but not limited to the SoniClear/NP(tm) plugin and the Panagram Player Player(tm) javascript code. Ancillary Software is licensed to You under this agreement exclusively for use with the Account Services and for no other purpose.
If You receive Ancillary Software from Trio, You agree to abide by any additional licensing provisions that may be included with such software. Specifically, You agree to abide by the provisions of the SoniClear license agreement provided with the SoniClear Studio(tm) software and/or the SoniClear/NP(tm) plugin software, even if You did not personally accept the agreement when the software was installed. All the terms and conditions of the SoniClear License Agreement are hereby incorporated into this agreement.
VI. LINKING TO RECORDINGS
You have the limited right to link from the Internet to recordings hosted at Panagram.com. You may only do so by using a recording URL and/or Panagram Player(tm) javascript URL, as provided by Panagram.com. Linking to any other part of the Panagram.com site it not permitted. In addition, You agree that Your web site will not, in any way, copy or resemble the look and feel of the Panagram.com site, nor will it create the impression that Your site is the Panagram.com site, or any part of the Panagram.com site.
Trio grants to You a limited, non-transferable, non-exclusive, revocable license to use logos or trademarks belonging to Trio that may be displayed by invoking links to recordings hosted by Panagram.com. This license applies only in connection with the playback of such recordings and does not give You the right to use logos or trademarks for any other purpose. This license shall terminate upon the effective date of the termination of this Agreement.
VII. TERM
The term of this TOS begins upon Your request for an account at Panagram.com and will end when terminated by either Party. At any time, either party may terminate this TOS, with or without cause, by giving the other party written notice of termination.
If You continue to use Panagram.com or Account Services following termination of the License granted under these TOS, such use shall be an intentional infringement of Trio's copyright. Accordingly, upon such termination, You shall forthwith cease using the Account Services, and remove any links to recordings hosted at Panagram.com as a result of Your use of Account Services. In addition, upon termination, You shall forthwith cease using and shall destroy all copies and partial copies in any form of Ancillary Software in Your possession.
VIII. LIMITED WARRANTY
You assume responsibility for the selection of Panagram.com to achieve Your intended results. Trio provides the Panagram.com service and Ancillary Software on an AS-IS basis. If You have received Account Services free of charge, there is no warranty provided whatsoever. If You have paid service fees to use Account Services and if Panagram.com fails to so perform according to specifications (as published on the Panagram.com site), upon Your written request Trio will, at its option, either repair the operation of the Panagram.com site, replace Ancillary Software with a functionally equivalent program, or refund any service fees paid in the month in which the reported error occurred (this warranty does not apply in the case of Account Services provided free of charge).
Trio makes no representation that the operation of the Panagram.com site will be uninterrupted. In the event that You paid service fees to use Account Services and operation of the Panagram.com site is interrupted, upon Your written request Trio will, at its option, refund service fees paid in the month in which the reported interruption occurred (prorated for the amount of time service was not interrupted), or provide credit to be applied to Your future service fees. Requests for a service fee refund or credit must be made within 60 days of the occurrence of any such interruption.
Panagram.com is currently in "Beta Test", which means that it has not yet been proven to be bug-free under a variety of circumstances.
EXCEPT AS SPECIFIED IN THIS SECTION, THERE ARE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THE ACCOUNT SERVICES, ANCILLARY SOFTWARE, AND DOCUMENTATION (AS WELL AS ANY OTHER FILES ON THE PANAGRAM.COM SITE) ARE PROVIDED "AS IS." (SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.)
IX. REMEDIES
Trio's entire liability and Your exclusive remedy under the foregoing Limited Warranty shall be, at Trio's option: (i) repair of the Panagram.com site software and/or replacement of a copy of Ancillary Software that does not meet Trio's Limited Warranty, or (ii) refund of the service fee paid. THESE ARE THE SOLE AND EXCLUSIVE REMEDIES for any and all claims of any type, whether in contract or in tort, that You may assert against Trio arising out of or in connection with Panagram.com, whether made or suffered by You or anyone else. IN NO EVENT WILL TRIO BE LIABLE TO YOU OR ANY OTHER PARTY FOR DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE PANAGRAM.COM OR FROM ANY BREACH OF THIS WARRANTY, EVEN IF TRIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.)
In no event shall Trio's total liability exceed the amount of the services fees paid by You to Trio for a single commercial-use account. Trio's service pricing reflects the allocation of risk and limitations on liability contained in Sections VIII and IX.
X. INDEMNIFICATION BY YOU
You shall indemnify and hold Trio, its owners, representatives, and their successors, heirs and assigns, harmless and defend Trio and such parties from any claims or lawsuits (including attorneys fees, legal costs, judgments and settlements) that arise or result from the use of Panagram.com. Panagram.com is intended for use only with properly licensed media, content and content creation tools. You have full responsibility to ascertain whether any copyright, patent or other licenses are necessary and to obtain any licenses to such media and content. You agree to use only those materials for which You have the necessary patent, copyright and other permissions, licenses, and/or clearances. You agree to hold harmless, indemnify and defend Trio, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that You have encoded, copied, compressed, enabled, used, published, displayed, or transmitted any content or materials (other than materials provided by Trio specifically for Your use) in connection with Panagram.com in violation of another party's rights.
XI. REAL NETWORKS SOFTWARE
The technology used by Account Services incorporates RealSystem(tm) technology that is provided under license from RealNetworks,Inc. (the "RealNetworks Software"). In addition to the requirements and limitations set forth in these TOS, Your use of the RealNetworks Software is subject to the following additional rquirements:
a) You may use the RealNetworks Software only as an integrated component of Account Services and the Ancillary Software;
b) You may not modify the RealNetworks Software;
c) You may not distribute the RealNetworks Software except as part of the Ancillary Software (which may be distributed only as expressly permitted by these TOS);
d) You may not transfer or assign any rights to the RealNetworks Software except for temporary transfer in the event of computer malfunction. In no event does title to the RealNetwork Software pass to any party;
e) You may not reverse engineer, disassemble or decompile the RealNetworks Software;
f) RealNetworks, Inc. makes no representations or warranties to you whatsoever, whether express or implied;
g) RealNetworks, Inc. disclaims, to the extent permitted by law, liability for any damages, whether direct, indirect, incidental or conseequential, arising from the use of the RealNetworks Software;
h) You must comply fully with all relevant export laws and regulations of the United States to assure that the RealNetworks Software is not exported, directly or indirectly, in violation of United States law.
XII. GENERAL PROVISIONS
a). The license granted under these TOS is governed by and is to be construed under the laws of the State of California (except conflict of law provisions) and the laws of the United States. The application of the United Nations Covenant on Contract for the International Sale of Goods is expressly excluded. You agree that these TOS are considered entered into in Los Angeles County, California, USA. Suit with respect to these TOS may be brought only in Los Angeles County. You waive all objections to venue to the extent permitted by law. You may not assign the license granted under these TOS, except by prior written consent by Trio, such consent to be given or withheld entirely at the discretion of Trio.
b) These TOS constitute the entire contract between You and Trio with respect to Panagram.com, the Account Services, and the Ancillary Software and the other matters set forth herein and supersedes all prior or contemporaneous negotiations and agreements written or oral. No amendment to or modification theseTOS will be binding unless in writing and signed by Trio.
c) If any provision of part of theseTOS is held invalid or otherwise unenforceable by any Court, such Court is authorized to revise such part in a manner as to make it enforceable and fulfill the intent and purpose of theseTOS. If such revision is determined to be impossible and the objectionable clause relates to the provisions of either Articles II, IX or X hereof, or to Trio's ownership of Panagram.com and/or Ancillary Software, the license granted under these TOS shall be terminated and the provisions of Article VII shall apply. In all other cases, such unenforceable provision shall be stricken from this License and shall not affect the enforceability of the remaining provisions.
d) Any notice given hereunder shall be delivered via either certified U.S. mail, or telephone facsimile transmission ("fax") which is confirmed by regular U.S. mail, addressed to last known address of the intended recipient and deposited in the United States mail not later than 24 hours after the fax transmission.
e) U.S. Government: Restricted Rights. The technology described in these TOS are provided with RESTRICTIVE RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions: if supplied to the Department of Defense (DoD), the Ancillary Software is "Commercial Computer Software" and the Government acquires the Ancillary Software with "restricted rights," as defined in Clause 252.227-7013(c)(1) of the DFARS; if the Ancillary Software is supplied to any other Government unit or agency, the Government's rights in the Ancillary Software are defined in Clause 52.227-19(c)(2) of the FAR; but if the Ancillary Software is supplied to NASA, the Government's rights are defined in Clause 18-227-86(d) of the NASA supplement to the FAR. The Manufacturer in Trio Systems, LLC.
f) Failure of Trio to enforce Your strict adherence to any provision of this TOS does not constitute a waiver of Trio's right to subsequently enforce such provision or any other provision of this TOS.
g) In the event litigation is necessary to enforce or interpret the terms or conditions of this TOS, the prevailing party in such litigation will be entitled to recover reasonable attorney's fees and costs.
IMPORTANT - THIS IS A CONTRACT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE CLICKING ON THE "ACCEPT" BUTTON
I. THIS LICENSE IS A CONTRACT
This End User License Agreement ("License") is a legal agreement between You (either an individual or an entity, "You,") and Trio Systems LLC ("Trio,") and Trio's suppliers and licensors. The purpose of this License is to allow You to copy and use SoniClear(tm) software and documentation ("SoniClear") with specific limitations and conditions.
TRIO IS WILLING TO LICENSE ONE COPY OF SONICLEAR TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE.
By clicking on the "Accept" button, installing, copying or otherwise using SoniClear, You acknowledge that You have read all of the terms of this License and agree to be bound by them. If You do not agree to the terms of this License, then Trio is not willing to license SoniClear to You. Click on the "Decline" button and/or do not install SoniClear. Promptly return SoniClear to Trio within 90 days for a full refund of the price paid.
If You have received a free evaluation copy of SoniClear ("Evaluation Copy"), You are licensed to use it only for the purpose of evaluating whether to purchase an on-going license to SoniClear. You may use files created with the Evaluation Copy only on a single computer. You may not transfer, or allow the transfer of, files created with the Evaluation Copy from that computer. You must pay for the Evaluation Copy before using it for any other purpose. All of the provisions of this License apply to an Evaluation Copy of SoniClear unless otherwise indicated herein.
II. LICENSE
SoniClear is licensed to You, not sold. That means You can use SoniClear under the terms of this License, but You do not own a copy of it. Title, ownership rights and intellectual property rights in and to SoniClear remain the property of Trio. In addition, third-party software components that are included in SoniClear remain the property of their respective owners. This
License is non-exclusive and non-transferable.
1. YOU have the right to:
- Use the licensed copy of SoniClear on a single computer.
- Use the licensed copy of SoniClear on a second computer, provided that the first and second computers are not used at the same time.
- Make one copy of SoniClear solely for back up or archival purposes, and make only those copies required to carry out other rights in this section II.1.
- Use SoniClear to produce digital audio recordings ("Recordings") for distribution to others. (This right does NOT apply to You if You have an Evaluation Copy.)
- Use SoniClear as a plugin or helper app in conjunction with a SoniClear-enabled web site, provided that You accept and abide by the Terms Of Service of that web site.
2. YOU do NOT have the right and You agree:
- NOT to provide copies of SoniClear to others.
- NOT to transfer this license to any third party.
- NOT to use SoniClear for the principle purpose of making Recordings for personal use.
- NOT to use SoniClear to copy copyrighted material unless You have secured the rights to do so.
- NOT to make derivative works based on SoniClear or any of its components.
- NOT to reverse-engineer, translate, decompile, or disassemble SoniClear (except to the extent that this restriction is expressly prohibited by law).
- NOT to resell, rent, lease, transfer, or otherwise transfer rights to SoniClear.
- NOT to make copies of SoniClear without copying and including all of the original SoniClear proprietary notices, for example, and without limitation, the copyright notice and other intellectual property notices.
- NOT to distribute any RealNetworks(tm) .dll files that may be included in SoniClear. (RealNetworks is a trademark of RealNetworks, Inc.)
- NOT to copy the written materials accompanying the software.
- NOT to use SoniClear to create AU files that will be delivered to the listener via a streaming media server.
III. ADDITIONAL LICENSE TERMS AND CONDITIONS
1. This License does not entitle You to receive any updates, upgrades or corrections (collectively "Updates") to SoniClear, nor any support services. However, should Trio elect to provide You with Updates, by accepting those Updates, You agree that they are covered by this License, unless expressly subject to the terms of another agreement.
2. You may not use SoniClear in any application, the proper performance of which is likely to be critical to personal health or safety. By way of illustration and not limitation, SoniClear may not be used in medical diagnostic applications.
IV. LIMITED WARRANTY
You assume responsibility for the selection of SoniClear to achieve Your intended results, and for the installation, use, and results obtained from SoniClear. Trio warrants to You that under normal use and conditions, SoniClear will perform substantially in accordance with Trio's published documentation for a period of ninety (90) days from the date of purchase (the "Warranty Period"). If SoniClear fails to so perform during the Warranty Period, upon Your written request Trio will, at its option, either replace SoniClear with a functionally equivalent
program or refund the license fee paid.
EXCEPT AS SPECIFIED IN THIS SECTION, THERE ARE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THE PROGRAM, DOCUMENTATION AND OTHER FILES ON THE MAGNETIC MEDIA ARE PROVIDED "AS IS." (SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.)
V. REMEDIES
Trio's entire liability and Your exclusive remedy under the foregoing Limited Warranty shall be, at Trio's option: (i) replacement of a copy of SoniClear that does not meet Trio's Limited Warranty, or (ii) refund of the license fee paid. THESE ARE THE SOLE AND EXCLUSIVE REMEDIES for any and all claims of any type, whether in contract or in tort, that You may assert against Trio arising out of or in connection with SoniClear, whether made or suffered by You or anyone else. IN NO EVENT WILL TRIO BE LIABLE TO YOU OR ANY OTHER PARTY FOR DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE SONICLEAR OR FROM ANY BREACH OF THIS WARRANTY, EVEN IF TRIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.)
In no event shall Trio's total liability exceed the amount of the License fee paid by You to Trio for the right to use a single copy of SoniClear. Trio's software pricing reflects the allocation of risk and limitations on liability contained in Sections IV and V.
VI. INDEMNIFICATION BY YOU
You shall indemnify and hold Trio, its owners, representatives, and their successors, heirs and assigns, harmless and defend Trio and such parties from any claims or lawsuits (including attorneys fees, legal costs, judgements and settlements) that arise or result from the use of SoniClear. SoniClear is intended for use only with properly licensed media, content and content creation tools. You have full responsibility to ascertain whether any copyright, patent or other
licenses are necessary and to obtain any licenses to such media and content. You agree to use only those materials for which You have the necessary patent, copyright and other permissions, licenses, and/or clearances. You agree to hold harmless, indemnify and defend Trio, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that You have encoded, copied,
compressed, enabled, used, published, displayed, or transmitted any content or materials (other than materials provided by Trio specifically for Your use) in connection with SoniClear in violation of another party's rights.
VII. TERMINATION
This License is effective until termination. Without prejudice to any other rights of Trio, Trio shall have the right to terminate this License immediately and without prior notice upon the commission by You of a material breach of this License. A breach shall be deemed "material" for purposes of this License:
a. If You shall fail to observe any of the limitations and restrictions contained in this License Section 2 of Article II or Section 2 of Article III, each of which shall be deemed material, non-curable breaches; or
b. If You shall fail to cure a breach of any of Your other obligations under this License within thirty (30) days after receiving written notice from Trio.
If You continue to use SoniClear following termination of this License, such use shall be an intentional infringement of Trio's copyright. Accordingly, upon termination of this License, You shall forthwith cease using and shall destroy all copies and partial copies in any form of SoniClear in Your possession.
VIII. EXPORT RESTRICTIONS
You represent, warrant and agree that You will not, directly or indirectly, export or transmit SoniClear to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.
IX. REAL NETWORKS SOFTWARE
SoniClear incorporates RealSystem(tm) technology that is provided under license from RealNetworks, Inc. (the "RealNetworks Software"). In addition to the requirements and limitations set forth in this License, Your use of the RealNetworks Software is subject to the following additional requirements:
a) You may use the RealNetworks Software only as an integrated component of SoniClear;
b) You may not modify the RealNetworks Software;
c) You may not distribute the RealNetworks Software except as part of SoniClear (which may be distributed only as expressly permitted by this License);
d) You may not transfer or assign any rights to the RealNetworks Software except for temporary transfer in the event of computer malfunction;
e) You may not reverse engineer, disassemble or decompile the RealNetworks Software;
f) RealNetworks, Inc. makes no representations or warranties to you whatsoever, whether express or implied;
g) RealNetworks, Inc. disclaims, to the extent permitted by law, liability for any damages, whether direct, indirect, incidental or consequential, arising from the use of the RealNetworks Software;
h) You must comply fully with all relevant export laws and regulations of the United States to assure that the RealNetworks Software is not exported, directly or indirectly, in violation of United States law.
X. GENERAL MATTERS
1. This License is governed by and construed under the laws of the State of California (except conflict of law provisions) and the laws of the United States. The application of the United Nations Covenant on Contract for the International Sale of Goods is expressly excluded.
2. This License constitutes the entire contract between You and Trio with respect to SoniClear and supersedes all prior or contemporaneous negotiations and agreements written or oral. Unless countersigned by Trio, no purchase order or other document or agreement furnished by You shall amend or supplement this License. No amendment to or modification this License will be binding unless in writing and signed by Trio.
3. If any provision of this License is held invalid or otherwise unenforceable by any Court, such Court is authorized to revise such provision in a manner as to make it enforceable and fulfill the intent and purpose of this License. If such revision is determined to be impossible and the objectionable clause relates to the provisions of either Articles II, V or VI hereof, or to Trio's ownership of SoniClear, this License shall be terminated and the provisions of Article VII shall apply. In all other cases, such unenforceable provision shall be stricken from this License and shall not affect the enforceability of the remaining provisions.
4. Any notice given hereunder shall be delivered via either certified U.S. mail, or telephone facsimile transmission ("fax") which is confirmed by regular U.S. mail, addressed to last known address of the intended recipient and deposited in the United States mail not later than 24 hours after the fax transmission.
5. U.S. Government: Restricted Rights.
The software and documentation are provided with RESTRICTIVE RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions: if supplied to the Department of Defense (DoD), the Software is "Commercial Computer Software" and the Government acquires the Software with "restricted rights," as defined in Clause 252.227-7013(c)(1) of the DFARS; if the Software is supplied to any other Government unit or agency, the Government's rights in the Software are defined in Clause 52.227-19(c)(2) of the FAR; but if the Software is supplied to NASA, the Government's rights are defined in Clause 18-227-86(d) of the NASA supplement to the FAR. The Manufacturer in Trio Systems, LLC.
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Trio Systems LLC ("Trio Systems") collects a variety of personal and company information in the normal course of business. This includes:
Names
Email addresses
Postal addresses
Purchases
Trio Systems will use this information for sales and support of it's own products and services, and products and services of 3rd parties that are offered by Trio Systems.
The user can store Panagram recording information and other account information in the private portion of the Panagram.com site. Although Trio Systems has administrative access to this information, it does not monitor or otherwise access it under normal circumstances.
Trio Systems relies on account passwords and the SoniClear/NP computer identification system to control access to the site. Also, the URLs that allow access to recordings hosted at Panagram.com are generated using random numbers to reduce the likelihood of unauthorized users being able to access recordings.
Trio Systems relies on the security measures instituted by the various services that host Panagram.com site. Although we believe that these measures are adequate to prevent access to private information under normal circumstances, it may be possible for the information to be retrieved from Panagram.com computers by criminals, in ways that are beyond the control of Trio Systems.
Because Trio Systems has non-confidential access to private information, and because the security methods used do not guarantee perfect control over access to private information, You should refrain from storing confidential information at Panagram.com.
Personal information and private account information will not be intentionally provided by Trio Systems LLC to 3rd parties, except under the following circumstances:
At the customers request (such as linking to information hosted at the site).
With customers permission.
By order of a judge or legislative body.
On demand of any governmental authority authorized to investigate the commission of a crime involving any customer.
For use by any Joint Venture partner of Trio Systems , and only for the purposes of sales and support of any product or service of the Joint Venture.
With sale of all or substantially all rights of any Trio Systems product to a 3rd Party. In this event, all information in the possession of Trio Systems would be provided to the purchasing party and would be subject to the privacy policies of the new owner.
The contents of this site are Copyright © 2000 by Trio Systems LLC. Some content hosted on the Panagram.com site may be subject to copyright ownership by other parties. In the event that You find that content that You own has been published at Panagram.com without permission, please submit Your objection in writing to:
Trio Systems LLC
936 E. Green St. Suite 105
Pasadena, CA 91106
Trio Systems® is a registered trademark of Trio Systems LLC. Additional trademarks include:
Panagram.com
SoniClear®
SoniClear/NP
SoniClear Studio
VoiceBoost
Trionet
RealAudio® is a registered trademark of Real Networks, Inc. All other trademarks are the property of their respective owners.
All documents at Panagram.com are © Copyright 1999 - 2001 Trio Systems LLC. Please direct questions about this site to Panagram.com Email.
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