(I hate these too, but the increasing risk of nuisance suits over software bugs has made this annoyance necessary to protect me from litigation.)

PLEASE READ THIS DOCUMENT CAREFULLY. SELECTION OF "AGREE" BELOW INDICATES THAT YOU HAVE READ THESE TERMS AND AGREE TO ABIDE BY THEM.

You MAY NOT download this software nor use it in any way if you do not indicate your agreement to these terms.

FAILURE TO INFORM YOURSELF OF THESE CONDITIONS DOES NOT RELIEVE YOU OF RESPONSIBILITY FOR LIVING UP TO THE TERMS OF THIS AGREEMENT.

YOU HAVE AGREED TO THE TERMS OF THIS AGREEMENT BEFORE DOWNLOADING THE SOFTWARE FROM THE INTERNET.

This is a legal agreement between you and Plain Brown Power Software and its sole proprietor ("Cub Lea") and prior principals, previously known as The Feature Creeps, collectively and/or individually referred to henceforth in this document as "Plain Brown Power". This Agreement states the terms and conditions upon which Plain Brown Power offers to license the software downloaded from this website together with all related documentation and accompanying items including, but not limited to, the executable programs, drivers, libraries and data files associated with such programs (collectively, the "Software").

THE TERMS OF THIS LICENSE SUPERCEDE ANY ADDITIONAL LICENSES OR TERMS WHICH MAY BE INCLUDED IN DOWNLOADABLE SOFTWARE PROVIDED BY PLAIN BROWN POWER. In all cases of dispute, the terms of this online license shall be deemed definitive.

LICENSE

1. Grant of License. The Software is licensed, not sold, to you for use only under the terms of this Agreement. This License Agreement is your proof of license to exercise the rights granted herein and must be retained by you. As between you and Plain Brown Power (and, to the extent applicable, its licensors), Plain Brown Power retains all title to and ownership of the Software and reserves all rights not expressly granted to you. Plain Brown Power grants to you the right to use all or a portion of this Software provided that

1. all copyright notices are maintained on the Software; and
2. the licensee/end-user agrees to be bound by the terms of this Agreement.

2. For Use on a Single Computer. The Software may be used only on a single computer by a single user at any time. You may transfer the machine-readable portion of the Software from one computer to another computer, provided that

1. the Software (including any portion or copy thereof) is erased from the first computer, and
2. there is no possibility that the Software will be used on more than one computer at a time.

3. Copyright. The Software is owned by Plain Brown Power and/or its licensors, and is protected by Canadian copyright laws and international treaty provisions. You may not remove the copyright notice from any copy of the Software or any copy of the written materials, if any, accompanying the Software.

4. One Archival Copy. You may make one (1) archival copy of the machine-readable portion of the Software for backup purposes only in support of your use of the Software on a single computer, provided that you reproduce on the copy all copyright and other proprietary rights notices included on the originals of the Software.

5. No Merger or Integration. You may not merge any portion of the Software into, or integrate any portion of the Software with, any other program, except to the extent expressly permitted by the laws of the jurisdiction where you are located, or as otherwise stipulated within the package itself or within source code packages provided by Plain Brown Power. Any portion of the Software merged into or integrated with another program, if any, will continue to be subject to the terms and conditions of this Agreement, and you must reproduce on the merged or integrated portion all copyright and other proprietary rights notices included on the originals of the Software. Copyright remains on all copyrightable portions of the work with the original owner and/or its licensors.

6. Transfer of License. You may not transfer your license of the Software to a third party.

7. Limitations on Using, Copying, and Modifying the Software. Except to the extent expressly permitted by this Agreement or by the laws of the jurisdiction where you acquired the Software, you may not use, copy or modify the Software. Nor may you sub-license any of your rights under this Agreement. You may use the Software for your personal use only, and not for public performance or for the creation of publicly displayed videotapes.

8. Decompiling, Disassembling, or Reverse Engineering. You acknowledge that the Software contains trade secrets and other proprietary information of Plain Brown Power and its licensors. Except to the extent expressly permitted by this Agreement or by the laws of the jurisdiction where you are located, you may not decompile, disassemble or otherwise reverse engineer the Software, or engage in any other activities to obtain underlying information that is not visible to the user in connection with normal use of the Software. Provision of source code does not mitigate this condition, since Plain Brown Power may at its own discretion provide source code which differs in function and purpose from its compiled counterpart. In particular, you agree not for any purpose to transmit the Software or display the Software's object code on any computer screen or to make any hardcopy memory dumps of the Software's object code. If you believe you require information related to the interoperability of the Software with other programs, you shall not decompile or disassemble the Software to obtain such information.

TERMINATION

The license granted to you is effective until terminated. You may terminate it at any time by destroying the Software (including any portions or copies thereof) currently in your possession or control. The license will also terminate automatically without any notice from Plain Brown Power if you fail to comply with any term or condition of this Agreement. You agree upon any such termination to destroy the Software (including any portions or copies thereof). Upon termination, Plain Brown Power may also enforce any and all rights provided by law. The provisions of this Agreement that protect the proprietary rights of Plain Brown Power will continue in force after termination.

NO WARRANTY

ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THE SOFTWARE IS PROVIDED FOR USE "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLAIN BROWN POWER DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

Plain Brown Power IS NOT OBLIGATED TO PROVIDE ANY UPDATES OR UPGRADES TO THE SOFTWARE.

No distributor, dealer, third-party developer or any other entity or person is authorized to expand or alter this warranty or any other provisions of this Agreement.

Plain Brown Power does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free or free from malicious code. For purposes of this paragraph, "malicious code" means any program code designed to contaminate other computer programs or computer data, consume computer resources, modify, destroy, record, or transmit data, or in some other fashion usurp the normal operation of the computer, computer system, or computer network, including viruses, Trojan horses, droppers, worms, logic bombs, and the like.

Any representation, other than the warranties set forth in this Agreement, will not bind Plain Brown Power or its proprietor or licensors. You assume full responsibility for the selection of the Software to achieve your intended results, and for the downloading, use and results obtained from the Software. You also assume the entire risk as it applies to the quality and performance of the Software. Should the Software prove defective, you (and not Plain Brown Power, or its distributors or dealers) assume the entire cost of all necessary servicing, repair or correction. This warranty gives you specific legal rights, and you may also have other rights which vary from country/state to country/state. Some countries/states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Plain Brown Power disclaims all warranties of any kind if the Software was customized, repackaged or altered in any way by any third party other than Plain Brown Power.

NO LIABILITY FOR DAMAGES, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL DAMAGES IN NO EVENT SHALL PLAIN BROWN POWER OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PERSONAL INJURY OR BODILY INJURY (INCLUDING DEATH) TO ANY PERSON CAUSED BY PLAIN BROWN POWER'S NEGLIGENCE, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE, EVEN IF PLAIN BROWN POWER OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/ COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. INDEMNIFICATION BY YOU If you distribute the Software in violation of this Agreement, you hereby indemnify, hold harmless and defend Plain Brown Power from and against any and all claims or lawsuits, including attorney's fees and costs that arise, result from or are connected with the use or distribution of the Software in violation of this Agreement. **Further, Plain Brown Power shall not be liable for the accuracy of any information provided by Plain Brown Power or third-party technical support personnel, or any damages caused, either directly or indirectly, by acts taken or omissions made by you as a result of such technical support. You assume full responsibility for the selection of the Software to achieve your intended results, and for the installation, use and results obtained from the Software. You also assume the entire risk as it applies to the quality and performance of the Software. Should the Software prove defective, you (and not Plain Brown Power, or its distributors or dealers) assume the entire cost of any and all necessary servicing, repair or correction.**

U.S. GOVERNMENT RESTRICTED RIGHTS

Plain Brown Power operates in both Canada and the United States and as such its products are subject to U.S. Government Restricted Rights. All Software and related documentation are provided with restricted rights. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software Clause at 252.227-7013. If you are sub-licensing or using the Software outside of the United States, you will comply with the applicable local laws of your country, U.S. export control law, and the English version of this Agreement.

CONTRACTOR/MANUFACTURER

The Contractor/Manufacturer for the Software is: Cub Lea, sole proprietor, Tulameen, British Columbia, Canada.

GENERAL

This Agreement is binding on you as well as your employees, employers, contractors and agents, and on any successors and assignees. Neither the Software nor any information derived therefrom may be exported except in accordance with the laws of the U.S. or other applicable provisions. This Agreement is governed by the laws of the Province of British Columbia (except to the extent federal law governs copyrights and federally registered trademarks). This Agreement is the entire agreement between us and you agree that Plain Brown Power will not have any liability for any untrue statement or representation made by its, its agents or anyone else (whether innocently or negligently) upon which you relied upon entering this Agreement, unless such untrue statement or representation was made fraudulently.

This Agreement supersedes any other understandings or agreements, including, but not limited to, advertising, with respect to the Software and licenses predating this license which may be included with the software. If any provision of this Agreement is deemed invalid or unenforceable by any country or government agency having jurisdiction, that particular provision will be deemed modified to the extent necessary to make the provision valid and enforceable, and the remaining provisions will remain in full force and effect.

For questions concerning this Agreement, please contact Plain Brown Power at the address stated above or use available contact information.

SPECIAL PROVISIONS APPLICABLE TO THE EUROPEAN UNION

If you downloaded the Software in the European Union (EU), the following provisions also apply to you.

If there is any inconsistency between the terms of the Software License Agreement set out above and the following provisions, the following provisions shall take precedence.

Decompilation: You agree not for any purpose to transmit the Software or display the Software's object code on any computer screen or to make any hard copy memory dumps of the Software's object code. If you believe you require information related to the interoperability of the Software with other programs, you shall not decompile or disassemble the Software to obtain such information, and you agree to request such information from Plain Brown Power at the address listed above. Upon receiving such a request, Plain Brown Power shall determine whether you require such information for a legitimate purpose and, if so, Plain Brown Power will provide such information to you within a reasonable time and on reasonable conditions.

Limited Warranty: EXCEPT AS STATED ABOVE IN THIS AGREEMENT, AND AS PROVIDED BELOW UNDER THE HEADING "STATUTORY RIGHTS", THE SOFTWARE IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

Limitation of Remedy and Damages: THE LIMITATIONS OF REMEDIES AND DAMAGES IN THE SOFTWARE LICENSE AGREEMENT SHALL NOT APPLY TO PERSONAL INJURY (INCLUDING DEATH) TO ANY PERSON CAUSED BY PLAIN BROWN POWER'S NEGLIGENCE AND ARE SUBJECT TO THE PROVISION SET OUT BELOW UNDER THE HEADING "STATUTORY RIGHTS".

Statutory rights: Irish law provides that certain conditions and warranties may be implied in contracts for the sale of goods and in contracts for the supply of services. Such conditions and warranties are hereby excluded, to the extent such exclusion, in the context of this transaction, is lawful under Irish law. Conversely, such conditions and warranties, insofar as they may not be lawfully excluded, shall apply. Accordingly nothing in this Agreement shall prejudice any rights that you may enjoy by virtue of Sections 12, 13, 14 or 15 of the Irish Sale of Goods Act 1893 (as amended).

General: This Agreement is governed by the laws of the Republic of Ireland. The local language version of this Agreement shall apply to Software downloaded in the EU. This Agreement is the entire agreement between us and you agree that Plain Brown Power will not have any liability for any untrue statement or representation made by it, its agents or anyone else (whether innocently or negligently) upon which you relied upon entering this Agreement, unless such untrue statement or representation was made fraudulently.

**COPYRIGHT INFORMATION FOR USERS OF PLAIN BROWN POWER PRODUCTS

Certain Plain Brown Power products are designed to assist you in reproducing material for which you own the copyright or are authorized to copy by the copyright owner or by exemption in applicable law. Unless you own the copyright or have such authorization, you may be violating copyright law and may be subject to payment of damages and other remedies. If you are uncertain about your rights, you should contact your legal advisor. It is your responsibility when using a Plain Brown Power product to ensure there is no infringement of applicable laws on copyright whereby the copying of certain materials may require the prior consent of the copyright owners. Plain Brown Power disclaims any liability with regard to any illegal use of the Plain Brown Power product and Plain Brown Power shall in no event be liable with regard to the origin of any data stored in a compressed audio file. You acknowledge and agree that the exportation or use of MP3 Codecs in real-time broadcasting (terrestrial, satellite, cable or other media) or broadcasting via Internet or other networks, such as but not limited to intranets etc., in pay-audio or pay-on-demand applications, is not authorised and/or licensed (see also http://www.iis.fhg.de/amm/).**

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