End User License Agreement (EULA)

Cyanite Audio Analyzer - AWS Marketplace

Last Updated: 15th August 2024

This End User License Agreement ("EULA") is entered into by and between Cyanite (elceedee UG (haftungsbeschraenkt)), a German limited liability company, hereinafter referred to as "Licensor", and the entity using this software from the Amazon Web Services - Marketplace, hereinafter referred to as the "End User".

1. Acceptance of Terms
   By using this software, you agree to be bound by the terms and conditions of this EULA. If you do not agree to these terms, do not use this software.

2. License Grant
  Licensor is the owner of a software-based indexing tool to annotate audio files which it provides by means of the AWS Marketplace (“Software”). Licensor hereby grants the End User a limited, non-exclusive, non-transferable, and revocable license to use the Software solely for the purpose of annotating audio files. The End User's use of the Software must at all times comply with the terms and conditions set forth in this EULA and any other applicable agreements entered into with the Licensor.

3. Copyright
   Unless agreed upon otherwise in writing, all rights, title, and interest in and to the Software, including but not limited to all copyrights, trademarks, trade secrets, and other intellectual property rights, are and shall remain the exclusive property of the Licensor. This EULA does not grant the End User any ownership rights in the Software or any related documentation. The End User agrees not to remove, alter, or obscure any proprietary notices contained in the Software. Copyright © 2024. Cyanite (elceedee UG (haftungsbeschraenkt)). All rights reserved.

4. Limitation of Liability
   In no event shall Licensor be liable to any party for direct, indirect, special, incidental, or consequential damages, including lost profits, arising out of the use of this Software and its documentation, even if Licensor has been advised of the possibility of such damage.

5. Warranty Disclaimer
   Licensor specifically disclaims any warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The Software and accompanying documentation, if any, provided hereunder is provided "As is." While Licensor may, from time to time, provide updates to this Software, Licensor has no obligation to provide maintenance, support, updates, enhancements, or modifications.

6. Reservation of Rights
   The Licensor reserves the right to modify, update, or alter the Software or any parts thereof at its sole discretion. The Licensor will use commercially reasonable efforts to ensure that any changes do not materially diminish the overall functionality of the Software or its outputs and that any modifications serve as an adequate replacement for the original functionality.

7. Governing Law and Jurisdiction
   This EULA shall be governed by and construed in accordance with the laws of Germany. Any disputes arising out of or in connection with this EULA or the usage of the software shall be subject to the exclusive jurisdiction of the courts of Mannheim, Germany.

8. Contact Information
   For any questions or inquiries regarding this EULA, please contact Cyanite (elceedee UG (haftungsbeschraenkt)) at mail@cyanite.ai.