Universal Audio Apollo Software - Manual (Page 149)

Apollo Software Manual Chapter 12: Notices 149
(a) No Prejudice. This Agreement will not prejudice the statutory rights of any party, including those dealing as
consumers. For example, for consumers in New Zealand who obtain the Licensed Materials for personal, domestic, or household
use (not business purposes), this Agreement is subject to the Consumer Guarantees Act.
(b) Australia Mandatory Notice Regarding Warranties. If Customer obtains the Licensed Materials in Australia,
then the following provision shall apply, notwithstanding anything stated to the contrary in this Agreement:
“NOTICE TO CONSUMERS IN AUSTRALIA:
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement
or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled
to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major
failure. Our software products also come with a 90-day limited warranty given by Universal Audio, Inc., with an address of 4585
Scotts Valley Drive, Scotts Valley, CA 95066 as set out in the Agreement. If your products do not provide the general features
and functions described in the User Documentation in the 90-day period after delivery to you, please call the UA Customer Sup-
port Department at (877) 698-2834 with details of your product, serial number, and proof of purchase. You may be required to
return the software product to the address we provide to you at the time, in which case such return will be at your own cost. The
benefits under this warranty are in addition to other rights and remedies that you may have at law.”
(c) European Economic Area Warranties.
(i) If Customer obtained the Licensed Materials in the European Economic Area (EEA), Customer
usually resides in the EEA and Customer is a consumer (that is its use of the Licensed Materials is for personal, non≠business
related purposes), then Section 6 (Limited Warranty) does not apply to Customer’s license and use of the Licensed Materials.
Instead, UA warrants for a period of 2 years from installation that the Licensed Materials provides the functionalities set forth in
the applicable user manual (the “agreed upon functionalities”) when used on the applicable UA Hardware Device. Non-substan-
tial variation from the agreed upon functionalities will not establish any warranty rights. THIS WARRANTY DOES NOT APPLY TO
NOT-FOR-RESALE COPIES OF ANY SOFTWARE OR TO THE EXTENT THE SOFTWARE FAILS TO PERFORM BECAUSE IT HAS
BEEN ALTERED BY CUSTOMER. To make a warranty claim, Customer must notify the UA Customer Support Department during
this 2 year period, providing details of proof of purchase of the Licensed Materials.UA will verify with Customer whether there
is a defect in the Licensed Materials or advise Customer that the error arises because Customer has not installed or used the
Licensed Materials correctly (in which case, UA shall assist Customer). If there is a defect in the Licensed Materials, Customer
may request from UA either a refund or a repaired or replacement copy of the Licensed Materials. Requests must be accom-
panied by proof of purchase. In the event Customer’s warranty details are substantiated, UA will meet Customer’s request for
repaired or replacement Licensed Materials, unless it is not reasonable for UA to do so, in which case UA will provide Customer
with a refund. For warranty assistance, please contact the UA Customer Support Department.
(ii) Please note that the provisions of Section 7 (Limitation of Liability) will continue to apply to any
damage claims Customer makes in respect of its use of the Licensed Materials. Nonetheless, UA shall be liable for direct losses
that are reasonably foreseeable in the event of a breach by UA of this Agreement. Customer is advised to take all reasonable
measures to avoid and reduce damages.
(iii) This Agreement, and in particular this Section 13(c), is intended to describe Customer’s rights (in-
cluding its statutory rights) in the event there should be problems with its use of the Licensed Materials. If Customer’s statutory
rights are greater than this description, its statutory rights shall apply.
(d) Online Services Provided by UA. The Licensed Materials facilitate Customer’s access to content and various
services that are hosted on websites maintained by UA (“UA Online Services”). Examples of such UA Online Services might
include, but are not limited to: the “Downloads”, “Online Store”, “Support” and “Product” web pages. In some cases, a UA
Online Service might appear as a feature or extension within the Licensed Materials even though it is hosted on a website.
Access to a UA Online Service may require Customer to activate the Licensed Materials, obtain a UA ID, consent to Additional
Terms of Use, or require a separate fee in order to access such UA Online Services. UA Online Services might not be available
in all languages or to residents of all countries and UA may, at any time and for any reason, modify or discontinue the avail-
ability of any UA Online Service. UA also reserves the right to begin charging a fee for access to or use of a UA Online Service
that was previously offered at no charge. Section 8 states important information regarding Internet connectivity and Customer
privacy. As stated in Section 8, when the Licensed Materials access a UA Online Service, Customer’s use of such UA Online
Service is governed by the UA Privacy Policy at http://www.uaudio.com/privacy.html, by the uaudio.com Terms of Use at http://
www.uaudio.com/terms.html and by any Additional Terms of Use that might be presented to Customer at that time.
(e) Online Services Provided by Third Parties. The Licensed Materials may facilitate Customer’s access to web-
sites maintained by third parties offering goods, information, software, and services (“Third Party Online Services”). Examples
of such Third Party Online Services might include, but are not limited to, the YouTube, Soundcloud, Facebook and Paypal
services. Customer’s access to and use of any Third Party Online Services is governed by the terms, conditions, disclaimers,
and notices found on such site or otherwise associated with such Third Party Online Services. UA does not control, endorse, or
accept responsibility for Third Party Online Services. Any dealings between Customer and any third party in connection with a
Third Party Online Service, including such party’s privacy policies and use of Customer’s personal information, delivery of and
payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings,
are solely between Customer and such third party. Third Party Online Services might not be available in all languages or to resi-