TC Electronic Broadcast 6000 - Manual (Page 64)

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paGe Head lICense aGreemenT
TC ELECTRONIC SOFTWARE LICENSE AGREEMENT
System 6000 Additional Software
PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY
PROCEEDING AND USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND
BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF
THIS LICENSE, PROMPTLY RETURN THE UNUSED SOFTWARE TO THE PLACE
WHERE YOU OBTAINED IT AND YOUR MONEY WILL BE REFUNDED.
1. License.
TC Electronic grants to you the right to use this copy of TC Electronic software and the
related documentation (the “Software”) on a single DSP Card. You own the media on
which the Software is recorded, but TC Electronic retains title to the Software and related
documentation including copies, regardless of form or media and to all copyrights therein.
You may not reproduce the media
holding the copy protection (“Authorization”) in any shape or form.
2. Transfer of Rights.
You may transfer all your license rights in the Software, the related documentation and
a copy of this License to another party, provided the other party reads and agrees to
accept the terms and conditions of this license.
3. Restrictions.
The Software contains copyrighted material, trade secrets and other proprietary material
of TC Electronic and/or its partners. In order to protect this, and except as permitted by
applicable legislation, you may not decompile, reverse engineer, disassemble or other-
wise reduce the Software to a human perceivable form. You may not modify, network,
rent, lease, loan, distribute or create derivative works based upon the Software in whole
or in part. You may not electronically
transmit the Software from one DSP card to another in a network.
4. Termination.
This License is effective until terminated. You may terminate this License at any time by
destroying the Software, related documentation and all copies thereof. This License will
terminate immediately without notice from TC Electronic, if you fail to comply with any
provision of this License. Upon
termination you must destroy the Software, related documentation and fonts and all cop-
ies thereof.
5. Limited Warranty on Media.
TC Electronic warrants that the media on which the Software is recorded to be free from
defects in materials and workmanship under normal use for a period of ninety (90) days
from the date of purchase as evidenced by a copy of the receipt. TC Electronic entire
liability and your exclusive
remedy will be replacement of the media not meeting TC Electronic limited warranty and
which is returned to TC Electronic or an TC Electronic authorized representative with a
copy of the receipt. TC Electronic will have no responsibility to replace a disc damaged
by accident, abuse or
misapplication.
ANY IMPLIED WARRANTIES ON THE MEDIA, INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF
DELIVERY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY
ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION
6. Disclaimer of Warranty on TC Electronic Software.
You expressly acknowledge and agree that use of the Software is at your sole
risk. The Software and related documentation are provided on an “AS IS”
basis and without warranty of any kind. TC Electronic and TC Electronic’ Licenser(s)
(for the purposes of provisions 6 and 7, TC Electronic and TC Electronic’ Licenser(s)
shall be collectively referred to as “TC Electronic”)
EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
TC ELECTRONIC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION
OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
FURTHERMORE, TC ELECTRONIC DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TC ELECTRONIC
OR AN TC ELECTRONIC AUTHORIZED REPRESENTATIVE SHALL CREATE A
WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT TC
ELECTRONIC OR A TC ELECTRONIC AUTHORIZED REPRESENTATIVE) ASSUME
THE JURISDICTIONS.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. Limitation of Liability.
UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL TC ELECTRONIC
BE LIABLE FOR ANY INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR
RELATED DOCUMENTATION, EVEN IF TC ELECTRONIC OR A TC ELECTRONIC
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In no event shall TC Electronic’s total liability to you for all damages, losses, and causes
of action (whether in contract, tort (including negligence) or otherwise) exceed the
amount paid by you for the Software.
8. Governing Law and Severability.
This License shall be governed by and construed in accordance with the laws of
Denmark, as applied to agreements entered into and to be performed entirely within
Denmark between Danish residents. If for any reason a court of competent jurisdiction
finds any provision of this License, or portion
thereof, to be unenforceable, that provision of the License shall be enforced to the maxi-
mum extent permissible so as to effect the intent of the parties, and the remainder of this
License shall continue in full force and effect.
9. Complete Agreement.
This License constitutes the entire agreement between the parties with respect to the use
of the software and the related documentation and supersedes all prior contemporane-
ous understandings or agreements, written or oral, regarding such subject matter. No
amendment to or modification of
this License will be binding unless in writing and signed by a duly authorized representa-
tive of TC Electronic.
If you have any questions concerning this Agreement or TC Electronic, please
write to:
TC ELECTRONIC, Sindalsvej 34, 8240 Risskov, Denmark.
E-mail: [email protected]