You are currently looking at an older section of the wincent.com website.
Please check the new version of the site at https://wincent.com/ for updated content.

wincent Synergy Advance: total audio control

Synergy Advance license agreement

Introduction

In order to install or use Synergy Advance you must read and agree to this license agreement in its entirety. This is a legal agreement between you, the end user, and Wincent, the developer of the software.

Be sure to read and understand all of the rights and restrictions described in this agreement before using or installing the software. By using or installing this software you agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement you must delete all copies of the software in your possession.

Throughout this agreement "the software" is used to refer to the Synergy Advance distribution disk image, all files contained within it, and any copies of these files which you make under the terms of this agreement. Redistribution of the software in any form without permission is disallowed. Rather than redistributing the software independently please direct others to the official website (http://www.wincent.com/) to download the product.

Ownership

The license gives you limited rights to install or use the software. Although you may own the media on which the software is stored you do not become the owner of the software. The software is licensed and not sold. Wincent retains the title to the software and all copies thereof. Other than the rights specifically granted to you in this agreement all rights are reserved by Wincent.

Demonstration

You may install and use the software on a trial basis for a period of seven days for the purposes of making a decision whether to purchase a license. If at the end of that period you do not wish to purchase a license then you must destroy all copies of the software in your possession. You may later at your discretion download, install and trial a later version of the software but you are not allowed additional trial periods for the same version. If you purchase a license then you become a registered user. Software running in demonstration mode behaves identically to when it is running in unrestricted mode with the exception that periodic reminder messages are shown and the software will not run for more than seven days.

Registration and activation

On purchasing a license you will receive a license code via email that can be used to register and activate the software. In the registration process you enter your license email address and license code in the software's user interface. The activation process then follows and the software connects to the Wincent server for the purposes of validating the license. None of your personal information is transmitted to the server in this process. Once the process is complete the software leaves demonstration mode and operates in unrestricted mode. More information about the activation process and how your privacy is protected is available on the website:

Upgrades

Registered users are entitled to free upgrades within each major version series of the product. A change in the major version series is indicated by an increment in the numeral to the left of the leftmost decimal point in the version number. For example, versions 1.0, 1.1, 1.2 (and minor revisions such as 1.0.1, 1.0.2) and so forth all belong to the same major version series, but version 2.0 and subsequent versions are a new series. Wincent may elect to offer discounted upgrade licenses for people who wish to upgrade from one major version series to another.

When the user upgrades from an earlier version of the software, the newer version is provided on a license exchange basis. You agree by your installation or use of this version of the software to voluntarily terminate your earlier license and enter into a new license agreement based on this version of the license agreement document. You also agree that you will not continue to use an earlier version of the software nor transfer it to another individual or organisation.

Transfers

Licenses are non-transferrable. You may not rent, lease, sell, lend, sublicense or give the software to another person or organization. If you wish to transfer or dispose of any media in your possession on which the software is installed to a third-party then you must first destroy all copies of the software installed on that media. For example, if you sell a computer on which the software is installed then you must first destroy all copies of the software present on the computer; selling the computer does not permit you to sell, give away or transfer in any other way the license. If you wish to distribute media containing the software (for example, for use on a magazine cover disc) then you must obtain permission from Wincent first. If you wish to purchase a license as a gift for another person then you should contact Wincent; Wincent will generate a license for the recipient of the gift and the recipient (not the purchaser) becomes the licensee and registered user.

Multiple users

Licenses by default are single-user licenses. This means that a single user who licenses the software may install and use it on one and only one machine. If you wish to install the software on multiple machines then you must purchase multiple licenses. For example, if you have one laptop and one desktop machine and wish to install the software on both then you must purchase two licenses.

Mac OS X is a multi-user operating system and it is possible that multiple-users on the same computer may wish to use the software. Each user on the system that wishes to use the software must hold a valid license.

Multiple user (or "multi-user") licenses also exist. These allow you to purchase one license valid for multiple users at a reduced price instead of purchasing multiple single-user license. For example, to license and install the software on five machines you may purchase five single-user licenses or one five-user license. Similarly if you install the software on a single machine where there are five users and each user intends to use the software then you will require either five single-user licenses or one five-user license.

Confidentiality

When you purchase a license you are issued with a license notice containing a license code which can be used to register the software. It is your responsibility to keep this notice and the information contained within it in a safe place and not to share it with any third-party, with the exception that you may share the information with your co-licensees in the specific case of a multi-user license.

Refunds

All sales are final and no refunds shall apply. It is recommended that you thoroughly evaluate the software in demonstration mode prior to purchasing a license.

Restrictions

You may not modify the software nor create derivative works based on the software.

Termination

This license is effective until terminated. You may terminate this license at any time by destroying all copies of the software and related files in your possession. This license will terminate immediately without notice if you fail to comply with any of the terms of the license. Upon termination you must destroy all copies of the software and related files in your possession. This license may also be terminated when you agree to a superseding license agreement offered by the licensor or accompanying an updated version of the software.

Upon termination of the license you forfeit your entitlement to use or install the software. Termination does not affect the disclaimer of warranties, limitation of liability, or copyright provisions outlined below.

Third-parties

Given that the software interacts with products and services provided by third parties (such as Apple's iTunes, Amazon's Web Services and Growl there are no guarantees that the software will continue to function with future versions of those products and services although a best effort will be made to ensure that the software remains compatible.

Disclaimer

Wincent provides the software "as is" and no warranty of any kind applies. All other warranties are disclaimed whether they be express, implied or statutory, including but not limited to any (if any) implied warranties or conditions of merchantability, fitness for any purpose or lack of viruses. There is no warranty or condition of title or of non-infringement. You use this software entirely at your own risk.

To the maximum extent permitted by applicable laws in no event will Wincent be liable for any consequential, incidental, direct, indirect, special, punitive or other damages whatsoever (including but not limited to damages for any injury to person or property, damages for loss of profits, business interruption, loss of information, loss of privacy, negligence, and for any pecuniary or other loss) arising out of or in any way related to the use of, installation of, or inability to use or install the software. This exclusion of damages applies irrespective of whether those damages be based on contract, tort, negligence, strict liability or otherwise, even if Wincent has been advised of the possibility of such damages. This exclusion will be effective under all circumstances.

To the full extent allowed by law, you hereby release Wincent from any and all liability arising from or related to all claims concerning the software.

Copyright

The software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You may not modify, reverse engineer, decompile, disassemble, or otherwise reduce this software to a human-perceivable form. By agreeing to this license, you warrant that you will not develop software of any kind that duplicates the functionality or appearance of Synergy Advance or its components.

Wincent Colaiuta holds title to and copyright in all parts of the software, including but not limited to images, photographs, animations and textual material incorporated in the software.

All title and intellectual property or other rights in and to the content which be accessed through the use of the software are the property of their respective owners and may be protected by applicable copyright or other property laws and treaties. This license agreement grants you no rights to use such content.

You may print one and only one copy of the software's documentation for your personal use. The latest version of the documentation will be accessible on the official website:

Other notices

In the event that there should be discrepencies between the English and the non-English versions of this license agreement, then the English version shall be deemed to be the authoritative and binding version.

Wincent reserves the right to change these license terms at any time without notice, but makes the undertaking to make available a copy of the latest version of the license text at:

Third-party licenses

The Growl framework is included in binary form inside the Synergy Advance bundle. The following license applies to the Growl framework:

Growl license

Copyright 2004-2005 The Growl Project.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

  1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
  2. 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.
  3. Neither the name of Growl 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 OWNER 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.