Publicité
14
PRO2 Live Audio System
Licences
The following are the license agreements applicable to the
Midas Digital Equipment.
End-User Licence Agreement for Midas™
and Klark Teknik™ Software
IMPORTANT - Please read this document carefully
before using this Midas™ or Klark Teknik™ Product.
This is an agreement governing your use of
software or other machine instructions already
installed on this Midas™ or Klark Teknik™ Product,
as well as other software that we provide for
installation on this Product. The Midas™ or Klark
Teknik™ Product will not operate in accordance
with its documentation without this software.
THIS AGREEMENT ("AGREEMENT" OR "LICENCE") STATES
THE TERMS AND CONDITIONS UPON WHICH MIDAS
KLARK TEKNIK LIMITED ("COMPANY") OFFERS TO
LICENSE THE INSTALLED FIRMWARE, SOFTWARE AND/
OR PROGRAMS ("the SOFTWARE") WITH THE MIDAS™
OR KLARK TEKNIK™ CONSOLE OR SIGNAL PROCESSING
PRODUCT ("PRODUCT") IN WHICH IT HAS BEEN
INSTALLED BY, OR FOR WHICH IT IS PROVIDED BY, THE
COMPANY. BY USING THIS PRODUCT YOU WILL BE
AGREEING TO BECOME BOUND BY THE TERMS OF THIS
LICENCE. IF YOU DO NOT AGREE TO THE TERMS OF
THIS LICENCE, DO NOT USE THIS PRODUCT AND
PROMPTLY RETURN THE PRODUCT TO THE PLACE WHERE
YOU OBTAINED IT FOR A FULL REFUND. You agree to
notify any persons whom you permit to operate this
Product of the terms of this Licence, and to require them
to comply with these terms.
The Software is licensed, not sold, to you for use only
under the terms of this Licence, and the Company
reserves all rights not expressly granted to you. The
Company retains ownership of all copies of the Software
itself, and all proprietary parts of it, including those
stored on or in the Product.
1.
Licence: Subject to the terms and conditions of
this agreement, the Company grants you, and other
persons you permit to operate the Product, a personal,
limited, non-exclusive, non-transferable licence to use the
Software only on the single Product unit in which it has
been installed.
2.
Restrictions: (a) The Software, and the
accompanying written materials, are copyrighted and
contain trade secrets and other proprietary matter,
including confidential information relating to the
specifications and performance characteristics of this
Product. Save for such elements as may be licensed to
the Company, as described in paragraph 5, all rights to
copyrights, trade marks and trade secrets in the
Software, or any modifications to it, are owned by the
Company. Unauthorised use or copying of the Company's
proprietary Software, or any portion thereof, or copying of
those written materials, is prohibited. (b) You may not
create, market, distribute, or transfer copies of the
MUSIC Group IP Limited
Company's proprietary Software, or any part of it, to
others, or duplicate, rent, lease or loan that Software, or
any part of it, except that you may transfer that Software
installed in this Product in conjunction with the sale,
transfer, loan, rent or lease of this Product, and subject at
all times to this Licence. YOU MAY NOT REVERSE
ENGINEER, DECOMPILE, DISASSEMBLE, EXTRACT OR
SEPARATE OUT, MODIFY, ADAPT, PORT, OR TRANSLATE
THE SOFTWARE, DERIVE THE SOURCE CODE OF THE
SOFTWARE OR CREATE DERIVATIVE WORKS BASED ON
THE SOFTWARE OR ANY ACCOMPANYING WRITTEN
MATERIALS, save as is allowed by licences pertaining to
component parts of the Software which are licensed by
third parties, as described under paragraph 5, or
otherwise by law. (c) In the event you violate any term of
this Licence, all rights granted herein will automatically
and immediately terminate and you must stop using the
Software and destroy any copies of the Software.
3.
Limited Warranty: Subject to your installation of
any Software updates issued by the Company as
described herein, and the condition below, the Company
warrants that the Software will operate in compliance with
the Software's material specifications and documentation
for a period of 90 days from your purchase of this
Product. The Software is provided "as is" and the
Company does not warrant that the operation of the
Software will meet your requirements or operate free
from error. To the greatest extent permissible by law, the
Company DISCLAIMS ALL WARRANTIES AND
CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD
PARTY RIGHTS OR CAPABILITY OF CORRECTLY
PROCESSING PROVIDING AND/OR RECEIVING DATE
INFORMATION. You understand that the Company may
update or revise the Software but in so doing incurs no
obligation to furnish such updates to you. However, the
Company may in its discretion make updates available
from time to time upon such terms and conditions as it
shall determine. It is a condition of the above warranty
that you install any such Software updates, as may be
issued from time to time by the Company for the
Software, in accordance with the Company's instructions,
and if you do not do so such warranty will cease to apply.
You may view current Software updates at http://
www.klarkteknik.com and http://
www.midasconsoles.com.
4.
Limited Liability: THE ENTIRE RISK ARISING
OUT OF YOUR USE OR PERFORMANCE OF THE SOFTWARE
REMAINS WITH YOU. THE LIABILITY OF THE COMPANY
FOR ANY CLAIMS ARISING OUT OF THIS LICENCE AND/
OR BASED UPON THE SOFTWARE, REGARDLESS OF THE
FORM OF ACTION, AND INCLUDING WORK STOPPAGE,
PRODUCT FAILURE OF MALFUNCTION OR ANY OTHER
COMMERCIAL LOSS OR DAMAGE, SHALL NOT EXCEED
THE COST OF THE LICENCE FEE FOR THE SOFTWARE OR
THE COST OF THIS PRODUCT. SUBJECT TO THE
PROVISIONS OF APPLICABLE LAW, IN NO EVENT SHALL
THE COMPANY BE LIABLE FOR ANY LOSS OF DATA, LOST
OPPORTUNITY OR PROFITS, COST OF COVER OR
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
DAMAGES, EVEN IF YOU ADVISE THE COMPANY OF THE
POSSIBILITY OF SUCH DAMAGES. THIS IS A
FUNDAMENTAL TERM OF THIS AGREEMENT AND YOU
ACKNOWLEDGE THAT THE AMOUNT YOU PAID FOR THE
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