1. IMPORTANT, PLEASE READ CAREFULLY:

THIS END-USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY), THE END USER, AND SOFTOUCH DEVELOPMENT, INC. DOING BUSINESS AS EASYWORSHIP (“LICENSOR”) FOR THE LICENSOR SOFTWARE PRODUCT WHICH INCLUDES COMPUTER SOFTWARE AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MEDIA, AND “ON-LINE” OR ELECTRONIC DOCUMENTATION (COLLECTIVELY, “SOFTWARE PRODUCT”). BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT INSTALL, COPY, DOWNLOAD OR USE THE SOFTWARE PRODUCT.  YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

2. OWNERSHIP

It is hereby understood and agreed that Softouch Development, Inc. doing business as EasyWorship, an Oklahoma corporation with offices at 8023 E 63rd Pl #255, Tulsa, OK 74133 (“Licensor”) is the owner of all right title and interest to the Software Product, regardless of the media or form of the original download, whether by the World Wide Web, disk or otherwise. You, as licensee (“Licensee”) through your downloading, installing, copying or use of this product do not acquire any ownership rights to the Software Product.

3. GENERAL

The Software Product is licensed, not sold, to you by Licensor for use only under the terms of this EULA. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The rights granted herein are limited to Licensor’s and its licensors’ intellectual property rights in the Software Product and do not include any other patents or intellectual property rights. The terms of this EULA will govern any software upgrades provided by Licensor that replace and/or supplement the original Software Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

4. SOFTWARE PRODUCT

The Software Product, as used in this EULA, means, collectively and/or as applicable:

4.1. The Software Product package;

4.2. Any and all contents, components, attachments, software, media, and code with provided and delivered to you by Licensor via world wide web disk or otherwise for use with the Software Product;

4.3. Any and all images, video, music, photographs, art, artwork, clip art, fonts or other artistic works (the “Media”);

4.4. Related explanatory written materials and instructions, and any other possible documentation related thereto (“Documentation”); and

4.5. Upgrades, modified versions, updates, additions and copies of the Software Product (the “Upgrades”), if any, licensed to by Licensor under this EULA.

5. GRANT OF LICENSE AND RESTRICTIONS

Licensor grants you, under the terms outlined herein, one of the following licenses. The licensee granted to you shall be determined by the model you have chosen as well as the corresponding fees paid by you for the Software Product and shall be determined in Licensor’s sole discretion.  If at any time you are uncertain which license you have purchased, please immediately contact Licensor.

For all licenses granted herein, you may only use the Software Product and Media in corporate settings such as: church services, conferences, Bible studies, multimedia presentations, film and video presentations. Under no circumstances are you permitted to use Media in connection with a “Sensitive Subject”.  “Sensitive Subjects” include but are not limited to: any illegal goods or activities, contraception, matters of a sexual nature, substance abuse, domestic violence, alcohol, tobacco, AIDS, cancer, acts of violence and other serious physical or mental ailments. You agree to hold Licensor harmless from any claims and expenses arising from your use of any Media in connection with a Sensitive Subject.

Any authorized display of the Media shall be in full accord with this EULA. Under no circumstances will your use, display, modification, reproduction and distribution of the Media give you any Intellectual Property or Proprietary Rights of the Media. All rights, title, and interest belong solely to Licensor or are used by Licensor with permission of the respective owner.

If there is any doubt that a proposed use is a permitted use, you should contact Licensor immediately.

5.1. DEFINITIONS

5.1.1. Physical geographical location: For purposes of this Agreement, shall be defined as a single street address and those street addresses which are immediately adjacent and contiguous within the same church or organization.

5.1.2. SITE LICENSE. Licensor grants you a nonexclusive, nontransferable End-User license and right to install the Software Product on the local hard disk(s) or other permanent storage media of one physical geographical location and use the Software Product on multiple computers or terminals at a time provided they are at a single physical geographical location. Licensee may physically transfer the Program between computers provided that it is used at only one single physical geographical location at any given time.

5.1.3. SINGLE LICENSE. Licensor grants you a limited, nonexclusive, nontransferable End-User license right  to install the Software Product on the local hard disk(s) or other permanent storage media of one computer and use the Software Product on a single computer or terminal at a time. Licensee may physically transfer the Program between computers provided that it is used on only one computer at any given time.

5.1.4. SUBSCRIPTION LICENSE. Licensor grants you a limited, nonexclusive, nontransferable, terminable End-User license right to install the Software Product on the local hard disk(s) or other permanent storage media of one physical geographical location and use the Software Product on multiple computers or terminals at a time provided they are at a single physical geographical location. Licensee may physically transfer the Program between computers provided that it is used at only one single physical geographical location at any given time. Notwithstanding anything to the contrary herein, all rights granted under a subscription license shall only continue during those times in which you are current on any subscription fees that become due, which shall be determined in Licensor’s sole discretion.  Licenses under this 5(Bc) shall require you to provide the Software Product periodic access to the world wide web in order to confirm your subscription is in good standing.

Provided you shall at all times remain current on the subscription fees that become due, to be determined in Licensor’s sole discretion, you shall receive Upgrades as they may be made available by Licensor, in its sole discretion.

5.2. RESTRICTIONS

You shall not, without Licensor’s express written consent:

5.2.1. Copy or reproduce the Software Product;

5.2.2. Modify, adapt, or create derivative works based on the Software Product or any accompanying materials.

6. BIBLE LICENSES

Any and all bible text contained with the Software Product may not be copied, duplicated, altered, or modified in any way.

<BIBLE LICENSE>

7. CCLI SongSelect API

7.1. All Content and the Application are provided solely and exclusively for End Users who are active subscribers to SongSelect;
	
7.2. All Content is the intellectual property of a third party, is protected by law, and no ownership, distribution rights, or other proprietary rights in the Content are transferred to the Partner and/or any End User.
	
7.3. CCLI and/or Content Owners may remove Content from the API from time-to-time without notice;
	
7.4. End Users must agree to comply with all SongSelect license terms and all applicable laws, including copyright law in their use of the Content and shall protect CCLI’s and the Content Owners’ rights;
	
7.5. The usage rights granted to End User are nonexclusive, are subject to revocation or termination at any time, and may not be transferred, assigned, sublicensed, distributed, or conveyed in any manner whatsoever.
	
7.6. CCLI and the Content Owners reserve the right to modify the provisions contained in the EULA at any time.
	
7.7. NEITHER CCLI NOR CONTENT OWNERS WILL BE LIABLE TO END USER FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND RESULTING FROM THE USE OF THE SONGSELECT, THE SONGSELECT API, OR FROM CONTENT MADE AVAILABLE THROUGH THE SONGSELECT API, OR FOR ANY OTHER DAMAGES OF ANY TYPE, NATURE OR DESCRIPTION ARISING OUT OF ANY LEGAL THEORY, AND END USER HEREBY FOREVER RELEASES AND DISCHARGES CCLI AND CONTENT OWNERS FROM ANY AND ALL LIABILITY RELATED TO END USER’S USE OF OR ACCESS TO SONGSELECT, THE SONGSELECT API, OR CONTENT MADE AVAILABLE THROUGH THE SONGSELECT API.
	
7.8. PARTNER AND CCLI DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

8. LICENSING OF THIRD-PARTY SOFTWARE TECHNOLOGY

Licensing of third-party software, technology, components or patents (such as those from MPEG LA, Apple, Avid or Dolby), that may be used together with our Products or be an integral part of them is your responsibility. You agree that you are solely responsible for (and that Softouch has no responsibility to you or to any third party for) any breach of your obligations under any applicable third party contract or Terms of Service, or any applicable law or regulation, and for the consequences (including any loss or damage which Softouch or any third party may suffer) of any such breach.

Included Resources:

Aggpas Vector Graphics Engine. 
http://aggpas.sourceforge.net/

Cairo Graphics. 
Source code and license for the Cairo Graphics engine can be downloaded at http://cairographics.org/

Cromis IPC. 
Source code and license for Cromis IPC can be downloaded at http://www.cromis.net/

DirectShow MPEG-4 Demultiplexor Filter. 
Copyright (c) Geraint Davies, GDCL 2004-2006. All Rights Reserved. http://www.gdcl.co.uk/

DScaler
Deinterlace Copyright (c) 2001 John Adcock

Embedded Web Browser. 
Source code and license for the Embedded Web Browser can be downloaded at http://www.bsalsa.com/

FFmpeg. 
This software uses libraries from the FFmpeg project under the LGPLv2.1 and its source code can be downloaded at http://www.ffmpeg.org/. FFmpeg is a trademark of Fabrice Bellard.

LAV Filters. 
This software uses the splitter from the LAV Filters library. You can download the source and binaries from https://github.com/nevcairiel/lavfilters

Librsvg. 
Source code and license for the Librsvg can be downloaded at https://wiki.gnome.org/Projects/LibRsvg

Synopse Framework for PDF Export. 
http://synopse.info/

9. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

9.1. From time to time, at Licensor’s sole discretion, Licensor may provide you with support services related to the Software Product (“Support Services”). Licensor reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason. Use of Support Services is governed by this EULA and Terms of Use which are available for download and viewing on the Licensor’s web site.

9.2. Any supplemental software, code, content, or media provided to you in the course of Support Services shall be considered part of the Software Product and subject to the terms and conditions of this EULA.

9.3. Licensor retains all right, title, and interest in and to the Software Product, and any rights not granted to you herein are reserved by Licensor. You hereby expressly agree not to extract information, reverse engineer, disassemble, decompile, or translate the Software Product, or otherwise attempt to derive the source code of the Software, except to the extent allowed under any applicable law. In the event that such activities are permitted by applicable law, any information you, or your authorized agent, discover shall be promptly disclosed to Licensor and shall be deemed the confidential information of Licensor.

9.4. You shall not modify, sublicense, assign, or transfer the Software Product or any rights under this EULA, except as expressly provided in this EULA. Any attempt to other sublicense, assign, or transfer any of the rights, duties, or obligations will be void.

9.5. You may not transfer any of your rights under this EULA.

10. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY LICENSOR

Reserved by Licensor.

11. TERM

11.1. This License is effective until terminated. Licensee may terminate it at any time by destroying the Software Product with all copies, full or partial, and removing all of its component parties.

11.2. Your rights under this EULA will terminate automatically without notice from Licensor if you fail to comply with any term(s) or condition(s) of this EULA, Licensor’s Terms of Use or for your failure to pay Licensor any amount owed when due. Your rights under this EULA may terminate without notice from Licensor at any time, with or without cause in Licensor’s sole discretion.  

11.3. Upon termination of this EULA, you shall cease all use of the Software Product and destroy all copies, full or partial, together with all backup copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Software Product.

12. INTELLECTUAL PROPERTY RIGHTS

12.1. Licensor shall retain all right, title, and interest in the Software Product and to any modifications or improvements made thereto, and any upgrades, updates or Documentation provided to End-User. End-User will not obtain any rights in the Software Product, its updates, upgrades, and Documentation, as a result of its responsibilities hereunder.

12.2. End-User acknowledges Licensor’s exclusive rights in the Software Product and that the Software Product is unique and original to Licensor and that Licensor is owner thereof. Unless otherwise permitted by law, End-User shall not, at any time during or after the effective Term of the Agreement, dispute or contest, directly or indirectly, Licensor’s exclusive right and title to the Software Product or the validity thereof.

12.3. End-User shall not attempt to develop any Software Product that contains the “look and feel” of any of the Software Product.

13. U.S. GOVERNMENT END USERS

The Software Product and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. §§ 227.7202-1 to 227.7202-4, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

14. EXPORT LAW ASSURANCES

You may not use or otherwise export or reexport the Software Product except as authorized by United States law and the laws of the jurisdiction in which the Software Product was obtained. In particular, but without limitation, the Software Product may not be exported or reexported (a) into (or to a nation or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By installing or using any component of the Software Product, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

15. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PRODUCT IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR AND LICENSOR’S AFFILIATES (COLLECTIVELY REFERRED TO AS “LICENSOR” FOR THE PURPOSES OF SECTIONS 10 AND 11) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR A LICENSOR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

16. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR, ITS AFFILIATES OR LICENSEES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, LICENSOR’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

17. REFUND

If you are the original licensee of this copy of the Software and are dissatisfied with it for any reason, refer to our Return Policy for return and refund eligibility. http://easyworship.com/refundpolicy

18. CONTROLLING LAW AND SEVERABILITY

This EULA will be governed by and construed in accordance with the laws of the State of Oklahoma, as applied to agreements entered into and to be performed entirely within Oklahoma between Oklahoma residents. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.

19. DIGITAL MILLENNIUM COPYRIGHT ACT

Licensor’s policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity.  If Licensor removes or disables access to comply with the Digital Millennium Copyright Act, we will make a good-faith attempt to contact the owner or administrator of the affected site(s) so that they may make a counter notification pursuant to Sections 512(g) of that Act.  We will document all notices of alleged infringement on which we act. 

19.1 Notification of Infringement: You must provide a written communication, which may be sent via fax or regular mail (but not by email) that sets forth the items specified below.  Please note that you may be liable for damages, including costs and attorneys' fees, if you materially misrepresent that a product or activity is infringing your copyrights.  If you are unsure as to whether certain material of yours is protected by copyright laws, we suggest that you contact an attorney prior to submitting a request. 

Please use the following format in preparing and submitting your written notification: 

19.1.1. Identify the copyrighted work in sufficient detail that you believe has been infringed, including where the work appears, i.e., the web page(s). 

19.1.2. Identify the material that you claim infringes on your copyrighted work described in Item 1 above, including where the material appears, i.e., the web page(s). 

19.1.3. Provide your contact information including your telephone number and email address. 

19.1.4. Include the following statements in your written notification: 

19.1.4.1. "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.” 

19.1.4.2. "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright 
owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” 

19.1.5. Please sign your written notification and send it to the following address: 

Softouch Development, Inc.
8023 E. 63rd Pl. Ste. 255
Tulsa, OK 74133
RE: DMCA Notice

19.2 Counter Notification: If your materials have been taken down from the Site, you may make a counter notification pursuant to Section 512(g) of the Digital Millennium Copyright Act.  When we receive a counter notification that is in accordance with Section 512(g) of the Act, we will reinstate the material in question.  You must provide a written communication, which may be sent via fax or regular mail (but not by email) that sets forth the items specified below to make a counter notification. 

Please use the following format in preparing and submitting your written counter notification: 

19.2.1. Identify the URLs of the materials and the materials that Licensor has removed. 

19.2.2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction 
of Federal District Court for the judicial district in which your address is located, or Tulsa County, Oklahoma (if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection 512(c)(1)(C) of the Act or an agent of such person. 

19.2.3. Include the following statements in your written notification: "I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled." 

19.2.4. Please sign your written counter notification and send it to the following address:

Softouch Development, Inc.
8023 E. 63rd Pl. Ste. 255
Tulsa, OK 74133
RE: DMCA Notice