Software License Agreement for SongShow Plus 9.3 (10/12/2022)
IMPORTANT-READ CAREFULLY:
This is a legal agreement between you and R-Technics, Inc. for the use of SongShow Plus version 9.3, associated plug-ins, accompanying utilities, and online services collectively referred to as "the Software". By installing or otherwise using the Software you accept all the terms and conditions of this agreement. R-Technics, Inc. ("R-Technics") is an Idaho corporation, based in Boise, Idaho, USA and is owner of the Software. R-Technics hereby grants to you a limited non-exclusive license (a "License") to use the Software only on the terms set forth below.
EVALUATION LICENSE:
If you are evaluating the Software, you are granted the following limited rights and no other: You are allowed to use the software for up to 30 days for evaluation purposes only. After such time you must either purchase the Software, cease to use the Software, or request an extension to the evaluation period from an authorized vendor. The Software will expire after 30 days and will require a special unlock code to extend the evaluation period.
PURCHASED LICENSE:
This License grants you the following rights if you have purchased the product.
Projection System License: You are allowed one projection system installation per license purchase. A Projection System is defined as a single computer connected to one or more projection devices. A projection system license requires an unlock code obtained from R-Technics or an authorized vendor. An unlock code is specific to a Projection System. Additional projection system licenses can be purchased from R-Technics or an authorized vendor and are typically available at a reduced cost.Workstation License: You are allowed to install this Software on any machines used by your organization's staff or volunteers by using the workstation unlock mode. A Workstation License does not require an unlock code except in the cases detailed below. Workstation installations will display a watermark on the display window making it impractical for projection use. You may also install a workstation using the embedded display option. Available Features: Not all of the features built into SongShow Plus are available to every projection or workstation licensee. Some features are made available based on the level of the license purchased. Other features are made available separately through the purchase of a plug-in license. Some online features require a SongShow Plus Upgrade Service subscription while other online features are only available through a separate subscriptions.Plug-in Components: Some plug-in components for SongShow Plus are required to be licensed on each machine that they are used, including workstation machines. This includes, but is not limited to, Bible plug-ins (AMP, NIV, NLT, NASB, NKJV, ESV, MSG, RSV, NRSV, HCB) and the H.264 Support plug-in. Internet Services: Depending on the feature set available to you based on your license level, SongShow Plus provides features that let you directly integrate with various Internet based services including Dropbox, Google Drive, Sky Drive, Planning Center Online, Shift Worship, and SongSelect. These features are only available to SongShow Plus licensees that have a current SongShow Plus Upgrade Service subscription. Additionally, access to these services require you to have your own accounts for each of these services and that they are current and in good standing with their service providers. Registration and payment for the use of these services must be done directly with the service providers themselves. Neither the SongShow Plus license nor the Upgrade Service provide automatic access to the content of any of these services.UPGRADE SERVICE:
During the period of time in which you have an active SongShow Plus Upgrade Service (the "Upgrade Service") subscription, you are entitled to updates to SongShow Plus and the modules and features included with the license level you purchased. Modules and features not included in the license level that you purchased are not eligible for upgrade. Upon the expiration of the service, access to updates, regardless of purpose, is not permitted. R-Technics may also offer additional modules for the Software which are not included in the upgrade service or may not be available at the license level you purchased. R-Technics may also remove features from future builds if it determines it is necessary for any reason. You are encouraged to maintain backup copies of your setup files in case you need to restore a feature that was removed.
ONLINE SERVICES:
SongShow Plus provides cloud-based services to letting you import, transfer and create media files through the Internet. These services may require an additional subscription and cost for any or complete access to the services. These services are described below.
SongShow Sync: The SongShow Sync service provides you with the capabilities to synchronize media files between two or more machines. This feature involves uploading and downloading files through services provided by R-Technics. A limited amount of storage space and bandwidth is provided for this feature as part of the SongShow Plus Upgrade Service. Additional storage and bandwidth is available through a separate subscription and is allocated at a department level. You can subscribe to one or more additional department level subscriptions at the same time.
SongShow Drive: The SongShow Drive service provides you with the capabilities to share media files between two or more machines. This feature involves uploading and downloading files through services provided by R-Technics. A limited amount of storage space and bandwidth is provided for this feature as part of the SongShow Plus Upgrade Service. Additional storage and bandwidth is available through a separate subscription and is allocated at a department level. You can subscribe to one or more additional department level subscriptions at the same time.
SongShow Builder: The SongShow Builder service provides you with the capability to import media and create programs through a web interface which are then available to your projection machines through SongShow Sync.
SongShow Signage: The SongShow Signage service provides you with the capabilities to publish slide show media content to one or more channels. This content is accessible from hardware devices that have the SongShow Signage Player software installed and licensed. A signage service subscription provides one channel of service. You may subscribe to multiple channels. Each channel may have a recurring charge associated with it.
By using online services provided by R-Technics, you agree to not use these online services to store or transmit any files that are considered illegal. You also agree to not use these services as a way to subvert the copyright laws of the United States of America. You also acknowledge that content uploaded to the servers related to these services are accessible by R-Technics personnel and that these personnel may access your files from time to time for the purpose of support, maintenance, and ensuring adherence to our policies.
You also acknowledge that the servers provided by R-Technics for these services may be hosted and maintained by a third party, and that the use of these third-party services will be subject to the policies of the third-parties, and that the content may also be accessible by the third-parties.
You also agree that the online services provided by R-Technics should not to be used as the sole facility for storing your files and that you will take necessary steps to ensure that important files of yours are stored in other locations for backup purposes.
You also acknowledge that when you delete files that are stored on an R-Technics provided server, these files may remain on the servers for some time on the server before they are permanently removed. Deleted files can be permanently removed at any time by R-Technics. There is no guarantee that files deleted by you can be recovered through the version history mechanism of the online services.
You also acknowledge that if you let an online service expire that all files associated with that services may be permanently removed at the time service expires. There is no grace period after an online service has expired that will ensure that your files associated with that service will be retained on R-Technics provided servers.
THIRD-PARTY ONLINE SERVICES:
As of the date of this agreement, SongShow Plus provides access to other Internet-based services including Planning Center Online, Shift Worship, and CCLI SongSelect. Access to these services require you to have and account and any necessary subscription for these services to use within SongShow Plus. The cost for SongShow Plus and its subscription do not include the costs for thesse third-party services. At any point in the future, access to any of these third-party services may be discontinued as decision made by either R-Tehcnics, the third-party itself, or both.
Regarding the use of CLLI SongSelect, the following also applies. In the next paragraph, the word Content refers to any content obtained through the SongSelect service, and Application refers to the code within SongShow Plus specifically designed to access and acquire that content:
All Content and the Application are provided solely and exclusively for End Users who are active subscribers to SongSelect; All Content is the intellectual property of a third party, is protected by law, and no ownership, distribution rights, or other proprietary rights in the Content are transferred to the Partner and/or any End User. CCLI and/or Content Owners may remove Content from the API from time-to-time without notice; End Users must agree to comply with all SongSelect license terms and all applicable laws, including copyright law in their use of the Content and shall protect CCLI’s and the Content Owners’ rights; The usage rights granted to End User are nonexclusive, are subject to revocation or termination at any time, and may not be transferred, assigned, sublicensed, distributed, or conveyed in any manner whatsoever. CCLI and the Content Owners reserve the right to modify the provisions contained in the EULA at any time. NEITHER CCLI NOR CONTENT OWNERS WILL BE LIABLE TO END USER FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND RESULTING FROM THE USE OF THE SONGSELECT, THE SONGSELECT API, OR FROM CONTENT MADE AVAILABLE THROUGH THE SONGSELECT API, OR FOR ANY OTHER DAMAGES OF ANY TYPE, NATURE OR DESCRIPTION ARISING OUT OF ANY LEGAL THEORY, AND END USER HEREBY FOREVER RELEASES AND DISCHARGES CCLI AND CONTENT OWNERS FROM ANY AND ALL LIABILITY RELATED TO END USER’S USE OF OR ACCESS TO SONGSELECT, THE SONGSELECT API, OR CONTENT MADE AVAILABLE THROUGH THE SONGSELECT API PARTNER AND CCLI DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
INTELLECTUAL PROPERTY:
The Software, including all documentation, user manuals, help files, example files, and any other accompanying plug-in modules is the intellectual property of R-Technics, Inc, and R-Technics, Inc. is the owner of all copyrights, patent rights, trade secrets and trademarks related to the Software. Any enhancements made to the Software at anytime is also the intellectual property of R-Technics. Any enhancements made to the Software that are the result of an idea submitted by any other party, including users and vendors, and regardless of form whether it be by electronic, written, or oral submission is still considered the intellectual property of R-Technics, Inc. You specifically agree that any enhancement suggestions submitted by you shall become the exclusive property of R-Technics, Inc. without any obligation for payment of royalties or any other fee. You agree to execute without charge any documentation reasonably requested by R-Technics, Inc., to document this ownership. SongShow Plus is a trademark of R-Technics, Inc.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:
Overuse of Unlock Code: Any system configuration that would allow multiple Projection Systems to run simultaneously using a single unlock code is a violation of the License.
License Protection: You agree not to subvert the license protection scheme used to prevent unauthorized use of the software.
Copying: You may copy and distribute the demo version of the Software to other persons or organizations that are interested in evaluating the product, but you may not provide or otherwise disclose the unlock code(s) to anyone.
REFUNDS:
The default refund policy is as follows: A refund request made for any product listed in Purchased License and Upgrade Service must be made within 60 days of the purchase and before an unlock code or activation is issued. Refund request that don't meet this criteria will be denied. There are no refunds for items listed in Online Services. A request for a refund must be made to the vendor from which a purchase was made. The authorized vendor from which you made the purchase may provide its own refund policies that relax or further restrict this default policy. R-Technics is not required to honor the refund policy of any vendor.
TERMINATION:
The License is in affect until terminated by R-Technics. The License will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation.
DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY:
R-TECHNICS DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. THE SONGSHOW PLUS SOFTWARE AND RELATED MODULES, PLUG-INS, AND ONLINE SERVICES ARE PROVIDED "AS IS, WHERE IS" WITHOUT WARRANTY OF ANY KIND OR TYPE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL R-TECHNICS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.
ENTIRE AGREEMENT:
This License is the entire and exclusive agreement between you and R-Technics, Inc. regarding the Software and supersedes the agreements from all previous SongShow Plus releases. You acknowledge that there are no other oral or written terms, conditions, understandings or provisions other than those expressly provided herein, and you further agree that the terms and conditions of this License supersede and supplant any other terms or conditions of whatever type whatsoever.
GOVERNING LAW:
You agree that this agreement is to be interpreted and enforced according to the substantive laws of the State of Idaho and the United States of America. Any action brought to challenge or enforce this License shall be brought only in the state or federal courts in and for the State of Idaho, USA. You are responsible for complying with any local laws in your jurisdiction that might affect your use of the Software.