Fakin' The Funk?

End User License Agreement
As of: March 2024

PREAMBLE
It should be noted that, given the state of the art, it is not possible to create computer software in such a way that it works error-free in all combinations and applications. The subject of the contract is therefore only one that is fundamentally usable in the sense of the description and instructions for use
Software.

1. LICENSE GRANT
Ulrich Decker Software Entwicklung, Teichwiesenring 13, 76297 Stutensee, Germany ("UDSE") grants you a non-exclusive, non-transferable license to use this software, and any associated documentation ("Fakin' The Funk?"), as indicated herein.
You MAY: 
(a) install and use Fakin' The Funk? for any purpose 
(b) Redistribute Fakin' The Funk? by any mean (CDROM, Cover Disc, Web site...) as long as you do not change the original package and distribute only the original install package and do not charge any fees.

2. LIMITATIONS
Fakin' The Funk? is a frequency spectrum analysis tool. This technique allows to detect upscaled or transcoded music tracks with high accurancy. However, this technique is not error-free! You can adjust some parameters in the settings dialogue, that have an impact on the detection rate. If the criteria are very strict, it can lead to more false-positive hits.
By using the software, you accept that Fakin' The Funk? cannot determine a 100% reliable statement about the actual bitrate.

3. Community program: online rating
In order to participate in the "Community Program: Online Rating", it is necessary to exchange user-related data with the UDSE server.

(1) Data collected
The following data is transmitted and stored in a database:
- Your activation code
- Metadata on the songs, in detail:
  o Parts of the frequency spectrum in JPEG format, which may have been pre-calculated on your computer
  o Artist, track name, bit rate, sample rate, bits per sample, ReplayGain, the calculated cutoff frequency, filetype
  o Your rating (fake, OK, corrupted etc.)

NO music files are exchanged.

(2) Data protection
Your personal activation code theoretically allows conclusions to be drawn about your person. This code is generated individually but pseudo-randomly during the payment process.
Your name and e-mail address will be used in the e-mail communication during the payment process, but will not be persisted in the "online rating database". This personal data is only stored on the e-mail server or offline and is not passed on to third parties.

(3) Use of the data
The above-mentioned metadata on the songs is processed by UDSE, the community and partner companies.
The term "Community" describes all users who participate in the "Community Program: Online Rating".

(4) Consent
The use of the "Community Program: Online Rating" is only possible if you consent to the processing of the data.

(5) Availability
There is no entitlement to the availability of this service.

4. RESTRICTIONS
You MAY NOT: 
(a) sell this Free Software package (except for shipment and handling charges); 
(b) cause or permit reverse engineering, disassembly, decompilation or alteration of this Software; 
(c) remove any product identification, copyright notices, or other notices or proprietary restrictions from this Software; 
(d) copy the documentation accompanying the software.

5. FREE DISTRIBUTION
You are hereby licensed to make as many copies of Fakin' The Funk? as you wish and distribute it to anyone provided that all files are intact. You must distribute the install form of Fakin' The Funk? (you must distribute the INSTALL file, not the files resulting of an installation). You are not allowed to sell Fakin' The Funk? (except for shipment and handling charges). Press is authorized to distribute it on any Cover Disk, CD-ROM without permission from UDSE. Shareware Catalog Web sites are authorized to distribute it as a download file (hosted or linked to UDSE site, http://www.udse.de) without permission from UDSE.

6. TERM
This License is effective until terminated. You may terminate it at any time by destroying Fakin' The Funk?, together with all copies thereof. This License will also terminate if you fail to comply with any term or condition of this Agreement. Upon such termination, you agree to destroy the Trial Version, together with all copies thereof.

7. COPYRIGHT/OWNERSHIP
This Software and its source code, except those listed in “THIRD PARTY TOOLS”,  is proprietary product of UDSE and is protected by copyright and other intellectual property laws. 

8. DISCLAIMER OF WARRANTIES
THE SOFTWARE IS SUPPLIED "AS IS". UDSE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR ANY PURPOSE. THE USER MUST ASSUME THE ENTIRE RISK OF USING THE FREEWARE.

9. DISCLAIMER OF DAMAGES
(1) UDSE ASSUMES NO LIABILITY FOR DAMAGES, DIRECT OR CONSEQUENTIAL, WHICH MAY RESULT FROM THE USE OF THE SOFTWARE, EVEN IF UDSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(2) Liability for data loss is excluded. The user is obliged to regularly back up data.

10. REGISTERED TRADEMARKS
Microsoft , Microsoft Windows, Internet Explorer are registered trademarks of Microsoft Corporation in USA and/or other countries
Google is a registered trademark of Google Corporation in USA and/or other countries
YouTube is a registered trademark of Google Corporation in USA and/or other countries
Amazon is a registered trademark of Amazon Corporation in USA and/or other countries
iTunes is a registered trademark of Apple Corporation in USA and/or other countries
Mac and MacOS is a registered trademark of Apple Corporation in USA and/or other countries
All other trademarks are property of the respective owners.

11. THIRD PARTY TOOLS
Fakin' The Funk? uses following libraries, which are licensed by UDSE or published under MPL or LGPL
bass.dll, bass_aac.dll, bass_mpc.dll, bass_spx.dll, bass_tta.dll, bassalac.dll, bassape.dll, bassdsd.dll, bassflac.dll, bassopus.dll, basswma.dll, basswv.dll, tags.dll, bassloud.dll: http://www.un4seen.com/
sqlite.dll: http://sqlite.org
Tags Library: https://www.3delite.hu/Object%20Pascal%20Developer%20Resources/TagsLibrary.html
The installer uses the freeware Packages: http://s.sudre.fr/Software/Packages/about.html or InnoSetup: https://jrsoftware.org/isinfo.php

UDSE does not grant any warranty for any of these libraries.

12. LAW
(1) This Agreement shall be governed by German laws and regulations and international treaties. Legal venue shall be Karlsruhe, Germany. This license based upon laws of the federal republic of Germany. If any part of this license should be declared antinomian by a court with competent jurisprudence the remaining parts keep their validity anyway.
(2) This license file is translated; legally binding is only the german version.

13. SEVERABILITY CLAUSE
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
1. the validity or enforceability in that jurisdiction of any other provision of this Agreement; or
2. the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.

(c) 2017-2024 by Ulrich Decker Software Entwicklung
Teichwiesenring 13
76297 Stutensee
Germany
http://www.udse.de