Downloading a demonstration copy of the Giovanni Audio application is done in three steps:

Giovanni® Audio Digital Watermark, Demo Version 2.0

Copyright © 1998-99 Blue Spike®, Inc. All Rights Reserved.

END-USER SOFTWARE LICENSE AGREEMENT FOR NON-COMMERCIAL DISTRIBUTION AND USE ONLY

PLEASE READ THIS LICENSE CAREFULLY BEFORE INSTALLING THIS SOFTWARE. BY INSTALLING THIS SOFTWARE, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS LICENSE.

This software license agreement for this program is included so you can read it before installing the program. INSTALLING THE PROGRAM OR USE OF THE MATERIAL ENCLOSED WILL CONSTITUTE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. If you do not agree to the terms of this license agreement, do not install the software and promptly return the product.

This computer program ("Software") is LICENSED, not sold, to you by Blue Spike®, Inc. ("Blue Spike") for use only under the terms of the license granted herein, and Blue Spike® reserves all rights not expressly granted to you. You own the media on which the Software is recorded or fixed, but Blue Spike® and its licensors retain ownership of the Software itself and any subsequent copies of the Software.

License

This license allows you the nonexclusive right to use the Software in machine readable form for your own use on a SINGLE computer at any one time (the "License"). The Software is protected by copyright law and other laws protecting intellectual property. You can make one copy of the Software in machine readable form, provided that such copy is used for backup purposes ONLY and the Blue Spike® copyright notice is reproduced on the backup copy. Giovanni® and Blue Spike® are registered trademarks of Blue Spike, Inc. Giovanni® digital watermark application is covered under the following US Patents 5613004, 5687236, 5745569, 5822432, 5889868, 5905800 and other pending US and foreign patent applications.

Restrictions

The Software contains trade secrets in its human perceivable form and, to protect them, except as permitted by applicable law, you may not REVERSE, ENGINEER, DECOMPILE. DISASSEMBLE OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, RESALE FOR PROFIT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF. YOU MAY NOT DISTRIBUTE COPIES OF THE SOFTWARE TO OTHERS OR ELECTRONICALLY TRANSFER SOFTWARE FROM ONE COMPUTER TO ANOTHER OVER A NETWORK, OR VIA MODEM.

Termination

This License is effective until terminated. This License will terminate immediately without notice from Blue Spike® or judicial resolution if you fail to comply with any provision of this license agreement. Upon such termination you must destroy the software, all accompanying written materials and all copies thereof. All other provisions of this license agreement will survive any termination. You may terminate the License at any time by destroying the Software and all copies thereof.

Warranty Disclaimer

The Licensee acknowledges that Software in general is not error free and agrees that the existence of such errors shall not constitute a breach of this license agreement. The Software and the accompanying written materials (including any instructions) are licensed "AS IS".

While the Software is intended to provide an invisible or inaudible watermark in a digital image or audio sample, no warranty is given either expressly or by implication that:

To the extent permitted by law, the Licensor disclaims all warranties and representations in respect of the Software and the written materials including, but not limited to, any implied warranties or merchantability or fitness for any particular purpose.

The Licensor shall use all reasonable endeavors to correct by modification or new release any software which contains material errors which substantially affect the Licensee’s use of the Software provided the Licensee shall notify the Licensor of said error(s) in writing within 90 days from the date of registration.

OTHER THAN THE LIMITED WARRANTY ABOVE AND THE WARRANTS IMPLIED BY ANY APPLICABLE LAW WITH RESPECT TO THE MEDIA ON WHICH THE SOFTWARE IS RECORDED, BLUE SPIKE AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limitation of Remedies and Damages

IN NO EVENT WILL BLUE SPIKE OR ITS SUBSIDIARIES OR ANY OF THE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF ANY OF THE FOREGOING BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF BLUE SPIKE OR A REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BLUE SPIKE’S LIABILITY TO YOU FOR DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO THE LICENSE FEE FOR THE SOFTWARE THAT CAUSED THE DAMAGES. THIS LIMITATION WILL NOT APPLY IN CASE OF DEATH, PERSONAL INJURY AND LOSS OF, DAMAGE TO OR DESTRUCTION OF TANGIBLE PROPERTY ORDINARILY INTENDED FOR PRIVATE USE OR CONSUMPTION, ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

General

This license agreement will be construed under the laws of the State of Florida. If any provision of this license shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this license agreement will remain in full force and effect.

Software Supplied for Evaluation Purposes

Where Software has been supplied to you for the purposes of evaluating the same with a view to purchasing an unrestricted version, the terms of this license agreement shall apply to its use. At the end of the evaluation period, the License will terminate except in circumstances where you have registered as an unrestricted user of the Software.

Complete Agreement

This license agreement constitutes the entire agreement between the parties with respect to the use of the Software and related documentation, and supercedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Trademarks

Giovanni®, Blue Spike® and the Giovanni® logo and Blue Spike® logo are trademarks of Blue Spike®, Inc. All other brand and product names are trademarks or registered trademarks of their respective holders.

BEFORE YOU CLICK ON THE "ACCEPT" BUTTON BELOW, CAREFULLY READ THE TERMS AND CONDITIONS ABOVE. BLUES SPIKE HAS PERMITTED THE DISTRIBUTION AND USE OF THIS SOFTWARE PRODUCT ON A NON-COMMERCIAL BASIS SUBJECT TO ALL OF THE ABOVE CONDITIONS OF DISTRIBUTION AND USE. BY CLICKING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT, YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS ABOVE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, CLICK THE "DECLINE" BUTTON AND DO NOT INSTALL, USE OR DISTRIBUTE THIS SOFTWARE PRODUCT.