Universal Audio Apollo Software - Manual (Page 144)

Apollo Software Manual Chapter 12: Notices 144
End User License Agreement
UNIVERSAL AUDIO, INC. END USER LICENSE AGREEMENT
PLEASE READ THIS UNIVERSAL AUDIO, INC. END USER LICENSE AGREEMENT (THE “AGREEMENT”) CAREFUL-
LY BEFORE INSTALLING THE SOFTWARE THAT IS GOVERNED BY THE AGREEMENT (THE “SOFTWARE”).
THE SOFTWARE IS LICENSED NOT SOLD. IF (A) YOU OBTAINED A COPY OF THE SOFTWARE FROM UNIVERSAL
AUDIO, INC. (“UA”), AN AUTHORIZED UA DISTRIBUTOR (AS DEFINED IN SECTION 1(a)(i) BELOW) OR A PERMIT-
TED TRANSFEROR (AS DEFINED IN SECTION 2(a)(iv) BELOW) AND (B) THE TERMS AND CONDITIONS CONTAINED
IN THIS AGREEMENT ARE ACCEPTABLE TO YOU, YOU MAY USE THE SOFTWARE AS PROVIDED IN SECTION 1 BE-
LOW. YOU, PERSONALLY, SHALL BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT
IN THE SAME MANNER AS IF YOU HAD SIGNED A WRITTEN AGREEMENT WITH UA; PROVIDED, HOWEVER, THAT
IF YOU NOTIFY UA WHEN YOU CREATE YOUR ACCOUNT THAT YOU OBTAINED YOUR COPY OF THE SOFTWARE ON
BEHALF OF AN ENTITY, THEN THAT ENTITY (THE “DESIGNATED ENTITY”), AND NOT YOU PERSONALLY, SHALL
BE BOUND BY SUCH TERMS AND CONDITIONS. IN SUCH EVENT, YOU REPRESENT AND WARRANT THAT YOU
HAVE THE AUTHORITY TO BIND YOUR DESIGNATED ENTITY IN CONNECTION WITH THE TRANSACTIONS CON-
TEMPLATED BY THIS AGREEMENT.
IF (A) YOU DID NOT OBTAIN YOUR COPY OF THE SOFTWARE FROM UA, AN AUTHORIZED UA DISTRIBUTOR OR
A PERMITTED TRANSFEROR OR (B) THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT ARE NOT
ACCEPTABLE TO YOU, NEITHER YOU NOR YOUR DESIGNATED ENTITY MAY USE THE SOFTWARE.
1. Licenses.
(a) Standard End User Licenses.
(i) Licenses for Included Plug-Ins and Enabling Software. The Software consists of a num-
ber of components that, collectively, allow an end user to process sound through a hardware device developed by UA
(each, a “UA Hardware Device”), including individual software components that produce a specific effect or effects
(each, a “Plug-In”), as well as drivers and other enabling software (together, the “Enabling Software”). If you or, alter-
natively, your Designated Entity (the “Customer”), have acquired a UA Hardware Device from: (A) UA, (B) a third party
distributor who was at the time of acquisition, expressly authorized by UA to sell the UA Hardware Device (each, an
“Authorized UA Distributor”) or (C) a Permitted Transferor (as defined in Section 2(a)(iv)), UA hereby grants Customer
a worldwide (subject to Section 10 below), perpetual (subject to Sections 1(b) and 4 below), non-exclusive, non-
sublicensable license to use all Plug-Ins that are designated as “Included Plug-Ins” on UA’s website located at http://
uaudio.com (the “UA Website”), as of the day on which the original Customer obtains a copy of the Included Plug-In
(the “Receipt Date”), all related Enabling Software that exists on the Receipt Date and all Updates to such Included
Plug-Ins and Enabling Software, in each case solely for personal use (if Customer is a person) or internal business
purposes (if Customer is an entity), solely in object code form and solely in connection with no more than four (4) UAD
Hardware Devices (the “Permitted UA Hardware Devices”) (whether or not all, some or none of such Permitted Hard-
ware Devices connect to a computer). For purposes of this Agreement, “Updates” means a bug fix, upgrade, or other
modification to the Included Plug-Ins and Enabling Software that UA makes generally available to end users of such
Software during the period in which Customer has a valid license for such Software.
UA also grants Customer a non-exclusive, non-sublicenseable license to reproduce and display the written or electronic
materials containing instructions and/or other information on the use of the applicable Software that UA makes gener-
ally available to end users of such Software during the period in which Customer has a valid license for such Software
(the “Documentation”).
The foregoing licenses may be transferred only to a Permitted Transferee (as defined in Section 2(a)(iv) below).
(ii) Licenses for Demo Plug-Ins.
(A) Time-Limited License. In addition to the licenses described above, UA hereby
grants Customer a worldwide (subject to Section 10 below), non-exclusive, non-sublicensable license to use all Plug-
Ins that are, as of the Receipt Date, accessible in demonstration mode (each, a “Demo Plug-In”), all Updates to such
Demo Plug-Ins and all Documentation related to such Demo Plug-Ins, in each case solely for personal use (if Customer
is a person) or internal business purposes (if Customer is an entity), solely in object code form and solely in connec-
tion with the Permitted UA Hardware Devices (whether or not all, some or none of the Permitted UA Hardware Devices
connect to a computer). Such licenses shall terminate as to each Demo Plug-In at the end of the “Demo Term” for
such Demo Plug-In (as defined in the applicable Documentation) (subject to earlier termination as provided in Section
4 below), except as set forth in Section 1(a)(ii)(B) below.
The foregoing licenses may be transferred only to a Permitted Transferee (as defined in Section 2(a)(iv) below).
(B) Full License. Upon expiration of the Demo Term for a particular Demo Plug-In,
Customer’s right to use such Demo Plug-In shall automatically terminate, except as set forth below:
(1) Bundles. When Customer acquires a UA Hardware Device from UA or