Efiko Software  ToneFXs<br />
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SOFTWARE END USER LICENSE AGREEMENT<br />
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IMPORTANT:  THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND Efiko Software. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE.  IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS.  BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN SELECT THE "CANCEL" BUTTON, DO NOT INSTALL THE SOFTWARE AND DELETE IT.<br />
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1.  Definitions<br />
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(a)	"Efiko Software" means Efiko Software and its suppliers and licensors, if any.<br />
(b)	"Not For Resale (NFR) Version" means a version of the Software, so identified, to be used to review and evaluate the Software, only.<br />
(c)	"Software" means the ToneFXs software program supplied by Efiko Software TM herewith, which may also include documentation, associated media, printed materials, and online and electronic documentation.  <br />
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2.  License <br />
This EULA allows you to:<br />
(a)	Install and use the Software on a single iPhone. A license for the Software may not be shared or used concurrently on different iPhones.<br />
(b)	Beta/Trial Version Only.  If you have obtained a license for the Beta or Trial Version of the Software, then you may install and store the Software on a single iPhone ONLY. You are not permitted to use either the Beta or the Trial version for commercial use.<br />
(c)	Make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software.<br />
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3.  License Restrictions<br />
(a)	Other than as set forth in Section 2, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network. <br />
(b)	You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. <br />
(c)	You may not rent, lease, or sublicense the Software.<br />
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(d)	You may not modify the Software or create derivative works based upon the Software. <br />
(e)	You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations there under.<br />
(f)	In the event that you fail to comply with this EULA, Efiko Software may terminate the license and you must destroy all copies of the Software.<br />
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4.  Upgrades<br />
If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis.  You agree by your installation and use of this copy of the Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software or transfer it to another person or entity.<br />
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5.  Ownership<br />
The foregoing license gives you limited license to use the Software. Efiko Software  and its suppliers retain all right, title and interest, including all copyrights, in and to the Software and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by Efiko Software and its suppliers.<br />
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6.  LIMITED WARRANTY AND DISCLAIMER<br />
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7.  LIMITATION OF LIABILITY<br />
(a)	NEITHER Efiko Software NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS, INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR THIS EULA BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF Efiko Software OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.<br />
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(b)	(USA ONLY) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.<br />
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(c) NEITHER Efiko Software NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANYACCURACY/INACCURACY, SOFTWARE ERROR INDIRECT AND DIRECT FAILURE(S), IMPROPER FUNCTION AND OTHER FEATURES  IN THIS SOFTWARE DUE TO PROGRAM ERROR, USER ERROR, POWER OUTAGE, VOLUME LEVEL OR BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF Efiko Software OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH FAILURE(S) AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.<br />
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(d) It is important to know that ToneFXs may not work with future versions of the iPhone and iTunes Software even though Efiko Software will put all effort to keep ToneFXs compatible with the latest iPhone/iTunes Software. In this case, Efiko Software cannot be held responsible for the loss of total or partial functionality of ToneFXs due to Apple's actions. Efiko Software will not provide any refunds in this case. However, we are 100% committed to keeping up with every iTunes/iPhone software update.<br />
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8.  Basis of Bargain<br />
The Limited Warranty, Exclusive Remedies and Limited Liability set forth above are fundamental elements of the basis of the agreement between Efiko Software and you. Efiko Software would not be able to provide the Software on an economic basis without such limitations.<br />
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9.  Software Authentication<br />
The end licensed user agrees to the approval of online authentication to activate and enable this software. Product and User Information is sent during installation and use of the software is used strictly for authentication. The end user agrees to this transfer of information and Efiko Software cannot be held liable for any damage caused during this transfer. All information is kept strictly confidential.<br />
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10.  Third Party Software<br />
(a)	Microsoft, Windows NT, Windows Media Player and the Microsoft Internet Explorer logo are registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries. Apple, iPhone, iTunes are registered trademarks or trademarks of Apple Inc in the United States and/or other countries.<br />
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11. ALL sales or donations are final. There are no refunds.<br />
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12. SUPPORT AND UPDATES. <br />
This license does not entitle you to support, telephone assistance, enhancements or updates. This software may periodically go online to check for updates and alerts. Product and User Information may be sent during an update and alert check. This information is used strictly for update and authentication. The end user agrees to this transfer of information and Efiko Software cannot be held liable for any damage caused during this transfer. All information is kept strictly confidential.<br />
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ToneFXs are trademarks or registered trademarks of Efiko Software in the United States of America and/or other countries.  Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners.<br />
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