Downloads

1. GRANT OF LICENCE.

Subject to and conditioned upon Licensee’s payment of the License Fees and Licensee’s strict compliance with all terms and conditions set forth herein, Licensor hereby grants to Licensee a non-exclusive, non-transferable, non-sublicensable licence during the Term to use the Software and Documentation, and subject to all conditions and limitations set forth in this Agreement. Subject to the terms of Clause 2 below ,this license agreement (“LICENCE”) grants Licensee the right, exercisable solely by and through Licensee’s Authorized Users, to:

1. use one (1) copy of the specified version of the Audiomovers software (“SOFTWARE”) on any single computer, provided the SOFTWARE is in use on three (3) computers at any time. If you have multiple Licenses for the SOFTWARE, then at any time you may have as many copies of the SOFTWARE in use as you have LICENSES. The SOFTWARE is “in use” on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not “in use.” If the anticipated number of users of the SOFTWARE will exceed the number of applicable Licenses, then you must have a reasonable mechanism or process in place to assure that the number of persons using the SOFTWARE concurrently does not exceed the number of LICENSES.

2. DEMONSTRATION LICENCE. If you have downloaded the SOFTWARE as part of the Audiomovers’ “try-before-you buy” concept (the “DEMONSTRATION PERIOD”), then the LICENCE shall apply to you during the DEMONSTRATION PERIOD only, in accordance with its term and conditions, other than the Limited Warranty, which is expressly excluded. Moreover, you expressly agree that you shall use SOFTWARE during the DEMONSTRATION PERIOD only for purposes of evaluation of the SOFTWARE, and not for any commercial use. The duration of the DEMONSTRATION PERIOD shall be for the earlier of: ten (10) days from the day of the first instantiation of the SOFTWARE, as set forth in the “About box.”

3. COPYRIGHT. Audiomovers owns the SOFTWARE and all trade secrets, copyrights, patents and other intellectual property rights therein (other than open source, or intellectual property rights licensed from third parties, all as set forth at Legal Notices). Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording), except that you may transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the SOFTWARE All other rights not expressly provided herein are hereby reserved by Audiomovers.

4. OTHER RESTRICTIONS. You may not sub-licence the SOFTWARE, but you may transfer (“Transfer”) your rights under this Audiomovers Licence Agreement on a permanent basis provided you Transfer this Licence Agreement, the SOFTWARE, and all accompanying written materials, retain no copies, and provided that the recipient agrees to the terms of this Agreement. You may not and you may not permit others to:

a) Reverse engineer, decompile, disassemble or otherwise derive source code from the SOFTWARE;

b) Modify or prepare derivative works of the SOFTWARE;

c) Copy the SOFTWARE, other than as specifically set forth herein; and/or

d) use the SOFTWARE in any manner that infringes the intellectual property or other rights of another party. Any Transfer of the SOFTWARE must include the most recent update and all prior versions. 5. UPDATES. If the SOFTWARE is an update to a previous version (the “UPDATE”), you must possess a valid Licence for the previous version, in order to use the Update. All Updates are provided to you on a “licence exchange” basis and you agree that by using an Update, you no longer have a Licence to use any previous version of the SOFTWARE.

e) You may not use temporary email services to register new account in order to obtain free service period.

5. PRODUCT LABELING

You agree not to use any trademarks, brand names or logos of Audiomovers, or that accompany the SOFTWARE, without the prior written consent of Audiomovers.

6. NO OBLIGATION TO ENFORCE

Nothing contained in this Agreement shall be construed as imposing on Audiomovers any obligation to acquire, maintain, or file or defend any suit or action regarding the validity or infringement of, any Audiomovers intellectual property licensed hereunder.

7. NO WAIVER

The waiver by either party of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or different provision.

8. SEVERABILITY

In the event that any provision of this Agreement is determined to be invalid, unenforceable or unlawful, such invalidity, unenforceability or unlawfulness shall not effect any other provisions of this Agreement, and the Agreement shall be construed as if the challenged provision had never been contained herein.

9. NO SUPPORT OBLIGATION

Audiomovers is not obligated to furnish or make available to you any further information, software, technical information, know-how, or support. In the event that Audiomovers does extend any of the same, Audiomovers shall not be liable for any damage, howsoever caused. Audiomovers reserves the right to make changes to the SOFTWARE, and all materials provided hereunder, without further notice.

10. NO WARRANTIES.

AUDIOMOVERS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE, THE ACCOMPANYING WRITTEN MATERIALS.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, our Website including but not limited to the nature of the content streamed using Software; or

any third-party claims arising out of or in connection with the use of our Website or the Software

use of or reliance on any content displayed on our Website.

Loss/damage caused by viruses, bugs or other material that is malicious or technologically harmful. You are responsible for configuring your information technology, computer programmes and platform to access our Website and should use your own virus protection software.

Any other changes made by the Software to your information technology, computer programmes and platforms

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Audiomovers, its suppliers or licensors, be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, incidental, or consequential damages, or damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use this Audiomovers product, or as a result of any support provided by Audiomovers, even if Audiomovers has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you; in such a case, then the aggregate liability for any claims, losses or damages shall not exceed US $20. The foregoing limitation of liability is complete and exclusive, shall apply even if Audiomovers has been advised of the possibility of claims, losses, or damages exceeding such limit, and shall apply regardless of the success or effectiveness of any other remedies possessed by Audiomovers. The limitation of liability reflects an allocation of risk between you and Audiomovers.

11. PRIVACY

Personal data supplied by you to Audiomovers will be processed as set out in the privacy policy stated below:

https://privacy.umusic.com/uk/

12. GENERAL

These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. These Terms and Conditions constitute the entire agreement between Audiomovers and you.

AUDIOMOVERS TIME LIMITED SERVICE LICENCE

1. GRANT OF LICENCE.

Subject to and conditioned upon Licensee’s payment of the License Fees and Licensee’s strict compliance with all terms and conditions set forth herein, Licensor hereby grants to Licensee a non-exclusive, non-transferable, non-sublicensable [(except as expressly set forth herein]  licence during the Term to use the Software and Documentation, and subject to all conditions and limitations set forth in this Agreement. This license grants Licensee the right, exercisable solely by and through Licensee’s Authorized Users, to:

This Audiomovers Licence Agreement (“LICENCE”) permits you to use service on any number of computers, for a limited time period, as indicated on your purchase order, beginning as of the date you accept the terms herein, provided the SOFTWARE is in use on only one computer at any time. If you have multiple Licenses for the SOFTWARE, then at any time you may have as many copies of the SOFTWARE in use as you have LICENSES. The SOFTWARE is “in use” on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not “in use.” If the anticipated number of users of the SOFTWARE will exceed the number of applicable Licenses, then you must have a reasonable mechanism or process in place to assure that the number of persons using the SOFTWARE concurrently does not exceed the number of LICENSES.

2. COPYRIGHT

Audiomovers owns the SOFTWARE and all trade secrets, copyrights, patents and other intellectual property rights therein (or as applicable, has obtained licenses to such rights). Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording), except that you may transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the SOFTWARE. All other rights not expressly provided herein are hereby reserved by Audiomovers.

3. OTHER RESTRICTIONS.

You may not sub-licence, transfer or assign the SOFTWARE. You may not and you may not permit others to:

a) Reverse engineer, decompile, disassemble or otherwise derive source code from the SOFTWARE;

b) Modify or prepare derivative works of the SOFTWARE;

c) Copy the SOFTWARE, other than as specifically set forth herein; and/or

d) use the SOFTWARE in any manner that infringes the intellectual property or other rights of another party. Any transfer of the SOFTWARE must include the most recent update and all prior versions.

4. UPDATES.

If the SOFTWARE is an update to a previous version (the “UPDATE”), you must possess a valid Licence for the previous version, in order to use the Update. All Updates are provided to you on a “licence exchange” basis and you agree that by using an Update, you no longer have a Licence to use any previous version of the SOFTWARE.

5. NO WARRANTIES.

AUDIOMOVERS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE, THE ACCOMPANYING WRITTEN MATERIALS.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, our Website including but not limited to the nature of the content streamed using software; or

any third-party claims arising out of or in connection with the use of our Website or the Software

use of or reliance on any content displayed on our Website.

Loss/damage caused by viruses, bugs or other material that is malicious or technologically harmful. You are responsible for configuring your information technology, computer programmes and platform to access our Website and should use your own virus protection software.

Any other changes made by the SOFTWARE to your information technology, computer programmes and platforms

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Audiomovers, its suppliers or licensors, be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, incidental, or consequential damages, or damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use this Audiomovers product, or as a result of any support provided by Audiomovers, even if Audiomovers has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you; in such a case, then the aggregate liability for any claims, losses or damages shall not exceed US $20. The foregoing limitation of liability is complete and exclusive, shall apply even if Audiomovers has been advised of the possibility of claims, losses, or damages exceeding such limit, and shall apply regardless of the success or effectiveness of any other remedies possessed by Audiomovers. The limitation of liability reflects an allocation of risk between you and Audiomovers. Audiomovers reserves right to cancel service at any time. By downloading software you agree to above terms and conditions.

6. PRIVACY

Personal data supplied by you to Audiomovers will be processed as set out in the privacy policy stated below:

https://privacy.umusic.com/uk/

7. GENERAL

These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. These Terms and Conditions constitute the entire agreement between Audiomovers and you.

SCHEDULE 1

LEGAL NOTICES

Boost Software Licence – Version 1.0 – August 17th, 2003 Permission is hereby granted, free of charge, to any person or organization obtaining a copy of the software and accompanying documentation covered by this licence (the “Software”) to use, reproduce, display, distribute, execute, and transmit the Software, and to prepare derivative works of the Software, and to permit third-parties to whom the Software is furnished to do so, all subject to the following: The copyright notices in the Software and this entire statement, including the above licence grant, this restriction and the following disclaimer, must be included in all copies of the Software, in whole or in part, and all derivative works of the Software, unless such copies or derivative works are solely in the form of machine-executable object code generated by a source language processor. THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Curl – COPYRIGHT AND PERMISSION NOTICE

Copyright (c) 1996 – 2017, Daniel Stenberg, daniel@haxx.se, and many contributors, see the THANKS file.

All rights reserved. Permission to use, copy, modify, and distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies. THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization of the copyright holder.

JSON – Copyright (c) 2002 JSON.org

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicence, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. The Software shall be used for Good, not Evil.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

This FastCGI application library source and object code (the “Software”) and its documentation (the “Documentation”) are copyrighted by Open Market, Inc (“Open Market”). The following terms apply to all files associated with the Software and Documentation unless explicitly disclaimed in individual files.

Open Market permits you to use, copy, modify, distribute, and licence this Software and the Documentation for any purpose, provided that existing copyright notices are retained in all copies and that this notice is included verbatim in any distributions. No written agreement, licence, or royalty fee is required for any of the authorized uses. Modifications to this Software and Documentation may be copyrighted by their authors and need not follow the licensing terms described here. If modifications to this Software and Documentation have new licensing terms, the new terms must be clearly indicated on the first page of each file where they apply.

OPEN MARKET MAKES NO EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO THE SOFTWARE OR THE DOCUMENTATION, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL OPEN MARKET BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM OR RELATING TO THIS SOFTWARE OR THE DOCUMENTATION, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR SIMILAR DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, EVEN IF OPEN MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED “AS IS”. OPEN MARKET HAS NO LIABILITY IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE ARISING OUT OF THIS SOFTWARE OR THE DOCUMENTATION.

Main Library:

Copyright (c) 2014, Peter Thorson. All rights reserved.

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

* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

* 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.

* Neither the name of the WebSocket++ Project 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 PETER THORSON 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. Bundled Libraries:

****** Base 64 Library (base64/base64.hpp) ****** base64.hpp is a repackaging of the base64.cpp and base64.h files into a single header suitable for use as a header only library. This conversion was done by Peter Thorson (webmaster@zaphoyd.com) in 2012. All modifications to the code are redistributed under the same licence as the original, which is listed below.

base64.cpp and base64.h

Copyright (C) 2004-2008 René Nyffenegger

This source code is provided ‘as-is’, without any express or implied warranty. In no event will the author be held liable for any damages arising from the use of this software. Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:

1. The origin of this source code must not be misrepresented; you must not claim that you wrote the original source code. If you use this source code in a product, an acknowledgment in the product documentation would be appreciated but is not required.

2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original source code.

3. This notice may not be removed or altered from any source distribution.

René Nyffenegger rene.nyffenegger@adp-gmbh.ch

****** SHA1 Library (sha1/sha1.hpp) ******

sha1.hpp is a repackaging of the sha1.cpp and sha1.h files from the shallsha1 library (http://code.google.com/p/smallsha1/) into a single header suitable for use as a header only library. This conversion was done by Peter Thorson (webmaster@zaphoyd.com) in 2013. All modifications to the code are redistributed under the same licence as the original, which is listed below.

Copyright (c) 2011, Micael Hildenborg All rights reserved.

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

* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

* 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.

* Neither the name of Micael Hildenborg 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 Micael Hildenborg ”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 Micael Hildenborg 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.

****** MD5 Library (common/md5.hpp) ****** md5.hpp is a reformulation of the md5.h and md5.c code from http://www.opensource.apple.com/source/cups/cups-59/cups/md5.c to allow it to

function as a component of a header only library. This conversion was done by Peter Thorson (webmaster@zaphoyd.com) in 2012 for the WebSocket++ project. The changes are released under the same licence as the original (listed below) Copyright (C) 1999, 2002 Aladdin Enterprises. All rights reserved. This software is provided ‘as-is’, without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software. Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:

1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.

2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.

3. This notice may not be removed or altered from any source distribution.

L. Peter Deutsch

ghost@aladdin.com

****** UTF8 Validation logic (utf8_validation.hpp) ****** utf8_validation.hpp is adapted from code originally written by Bjoern Hoehrmann . See http://bjoern.hoehrmann.de/utf-8/decoder/dfa/ for details.

The original licence:

Copyright (c) 2008-2009 Bjoern Hoehrmann

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicence, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.