Softube Console 1 Fader User Manual page 46

xlvi | SOFTUBE AB'S END USER LICENSE AGREEMENT ("EULA").FOR PLUG-INS AND OTHER SOFTWARE PRODUCTS(VER 2019-06)
ally or specifically issued/published from time to time by
us. Softube may in its own discretion decide how such
possible defects shall be handled, i.e. through rectifica-
tion, circumvention, issue of a Product update/upgrade,
replacement of the Product or through any other appro-
priate means. We shall not have any liability to remedy
defects in the Product where such defect results from
any default, non-compliance or non-agreed use of the
Product by you. Subject to the foregoing, all conditions,
warranties, terms and undertakings, express or implied,
statutory or otherwise, in respect of the Products are
hereby excluded. Softube's entire liability in case of a
defect during the warranty period, which we are unable
to rectify, shall be (in our reasonable discretion) either
(a) your right to return the Product (and deletion
of the relevant Product license key as per our
instructions) and our following repayment of
Product price paid by you;
or
(b) our rectification or replacement of the Product
(as to ensure that it meets the applicable specifi-
cation) that does not meet our limited warranty.
This limited warranty is not valid if the alleged defect of
the Product has resulted from accident, abuse, or misuse.
A possible replacement Product will be warranted for
the remainder of the original warranty period or thirty
(30) days from your receipt thereof, whichever is longer.
Softube disclaims all other warranties, either express or
implied, including but not limited to implied warranties
of merchantability and fitness for a particular purpose,
with respect to the Product and the accompanying
materials.
9 . "AS IS" and LIMITATION OF LIABILITY
This EULA, including this section 9 and applicable
parts of the Terms, is not intended to constitute any
restriction or limitation of your rights, to the extent you
are a consumer (or an individual with corresponding
rights) under applicable law. If and to the extent this
EULA and/or applicable parts of the Terms limit, re-
strict or contradict any such rights, your statutory rights
shall remain unaffected in case of such contradictions
with the EULA and/or the Terms.
All our Products, are provided to you strictly on an
"AS IS"-basis without warranty of any kind, except as
expressly set out herein.
ALL EXPRESSED OR IMPLIED REPRESENTA-
TIONS AND WARRANTIES, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABIL-
ITY, FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT, ARE HEREBY
EXCLUDED. SOFTUBE DOES NOT WAR-
RANT THAT THE FUNCTIONS CONTAINED
IN THE PRODUCT WILL MEET YOUR RE-
QUIREMENTS, OR THAT THE OPERATION
OF THE PRODUCT WILL BE INTERRUPTED
OR ERROR-FREE, OR THAT DEFECTS IN THE
PRODUCT WILL BE CORRECTED. FURTHER-
MORE, SOFTUBE DOES NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF
THE PRODUCT OR RELATED DOCUMENTA-
TIONS IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY OR OTHERWISE.
NOR ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY SOFTUBE OR AN AU-
THORIZED REPRESENTATIVE OF SOFTUBE
SHALL CREATE A WARRANTY OR IN ANY
WAY INCREASE THE SCOPE OF THIS WAR-
RANTY. SOME STATES DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTY, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU.
NEITHER SOFTUBE NOR ITS LICENSORS
SHALL BE LIABLE FOR ANY DAMAGES SUF-
FERED BY YOU OR ANY THIRD PARTY AS A
RESULT OF USE OR INABILITY TO USE THE
PRODUCT. IN NO EVENT WILL SOFTUBE