Metric Halo SpectraFoo Version 1.5 - Manual (Page 41)

5. EXCLUSIONS OF LIABILITY
IN NO EVENT WILL MHLABS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES RESULTING FROM ANY DEFECT IN THE PRODUCT, INCLUDING
LOST PROFITS, DAMAGE TO PROPERTY AND, TO THE EXTENT PERMITTED BY LAW, DAMAGE
FOR PERSONAL INJURY, EVEN IF MHLABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
FURTHER, MHLABS DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION
REGARDING THE USE, OR THE RESULTS OF USE, OF THE MHLABS SOFTWARE OR WRITTEN
MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTH-
ERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS
ASSUMED BY THE LICENSEE.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion
and limitation may not apply to the Licensee.
It is mutually acknowledged that the Licensee must read the manual to coordinate the equipment requirements
needed for the system including, but not limited to the capacity of all speakers intended to be used by Licensee
in conjunction with the subject Software. Licensor shall not be liable in any way whether for direct damage
or consequential damage or any other portion of the system that is damaged as a result of Licensee using the
subject Software.
6. PROPERTY RIGHTS OF THE LICENSOR
This Software is the exclusive property of the Licensor whether personal property and/or intellectual proper-
ty or otherwise. The Software is subject to both the Patent Laws and the Copyright Laws of the United States
of America. There is a pending patent application at the United States Patent Office. All of the material
whether in terms of printed media or software is copyrighted to the fullest extent permitted by law. All rights
are reserved by Metric Halo Laboratories, Inc.
7. U.S. GOVERNMENT USERS
If you are a U.S. Government user then the Software is provided with “RESTRICTED RIGHTS” as set forth
in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR
52.227-19 or subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS
252.277-7013, as applicable.
8. TRADEMARK RIGHTS
Permission is hereby granted to use the phrase "Mastered with SpectraFoo™" and to use the SpectraFoo™
logo on CDs, LPs CD-ROMs, DVDs, cassettes, Laser Discs, and Films for commercial release that were pro-
duced using MLM-100. Any visual representation or reproduction of MLM-100 generated graphics must be
given credit using the terms "Measured using SpectraFoo™".
9. GOVERNING LAW
This license agreement shall be governed by the laws of the United States and the State of New York. If, for
any reason, a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, that
provision will be enforced to the maximum extent permissible, and the remainder of this Agreement shall con-
tinue in full force and effect.
SpectraFoo, SpectraFoo Visual Audio Monitoring System, Metric Halo, Real Time Rack, MLM-TDM,
Master Level Meter and Phase Torch are trademarks or registered trademarks of Metric Halo Laboratories,
Inc. All rights, except those specifically granted here are reserved. All other trademarks are the property of
their respective owners.
__________________________________
Should Licensee have any questions concerning this Agreement please contact Metric Halo Laboratories in writing.
Manufacturer: Metric Halo Laboratories, 41 Top O’ Hill Rd., Wappingers Falls, NY 12601
SpectraFooTDM Operation Guide 40