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End-User License Agreement for Midas™ and Klark Teknik™ Software
IMPORTANT - Please read this document carefully before using this Midas™ or
Klark Teknik™ product. This is an agreement governing your use of software or
other machine instructions already installed on the Midas™ or Klark Teknik™
product, as well as other software that we provide for installation on the product.
The Midas™ or Klark Teknik™ product will not operate in accordance with its
THIS AGREEMENT ("AGREEMENT" OR "LICENSE") STATES THE TERMS AND CONDITIONS UPON WHICH
TELEX COMMUNICATIONS, INC. ("COMPANY") OFFERS TO LICENSE THE INSTALLED FIRMWARE,
SOFTWARE, AND/OR PROGRAM ("the SOFTWARE") WITH THE MIDAS™ OR KLARK TEKNIK™ CONSOLE
OR SIGNAL PROCESSING PRODUCT ("PRODUCT") IN WHICH IT WAS INSTALLED BY, OR PROVIDED
FOR BY, THE COMPANY. YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF
YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THIS PRODUCT. PROMPTLY
RETURN THE PRODUCT TO THE PLACE WHERE YOU OBTAINED IT FOR A FULL REFUND. You agree to
notify any persons who you permit to operate this Product of the terms of this License, and to expressly
obligate them in writing to comply with these terms.
The installed software as supplied by the Company is licensed, not sold, to you for use only under the
terms of this License, and the Company reserves all rights not expressly granted to you. You own the
Product on or in which the Software has been installed by the Company, but the Company retains
ownership of all copies of the Software itself, including those stored on or in the Product.
1. License: This limited License allows you, and other persons you permit to operate the Product,
to use the Software only on the single Product unit in which it was installed.
2. Restrictions: (a) The Software and the accompanying written materials are copyrighted, and
contain trade secrets and other proprietary matter, including confidential information relating to
the specifications and performance characteristics of Company's products. The Software is
protected by state trade secret laws as well as U.S. and international copyright and intellectual
property laws and treaties. All rights to copyrights, trademarks and trade secrets in the Software
or any modifications to it are owned by Company. Unauthorized copying of the Software or any
portion thereof, or copying of the written materials, is prohibited. (b) You may not create,
market, distribute, or transfer copies of the Software to others or electronically transfer or
duplicate the Software, or rent, lease, or loan the Software, except in conjunction with the sale,
transfer, loan, rent, or lease of the Product on which it is installed, and subject at all times to this
License. YOU MAY NOT REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, MODIFY, ADAPT,
PORT, OR TRANSLATE THE SOFTWARE OR CREATE DERIVATIVE WORKS BASED ON THE
SOFTWARE OR ANY ACCOMPANYING WRITTEN MATERIALS. (c) In the event you violate any term
of this Agreement, all licenses granted herein automatically terminate and you must stop using
the Software and destroy any copies of the Software or remove them from the Product.
3. Limited Warranty: Subject to your installation of any Software updates issued by the Company
as described herein, the Company warrants that the Software shall cause the Product to operate
in compliance with the Product's material specifications and documentation for a period of
90 days from your purchase of the Product. The Company does not warrant that the operation of
the Software will meet your requirements or operate free from error. The Company DISCLAIMS
ALL WARRANTIES AND CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT OF THIRD PARTY RIGHTS. You understand that the Company may update
or revise the Software and in so doing incurs no obligation to furnish such updates to you.
However, the Company may in its discretion make updates available from time to time upon such
terms and conditions as it shall determine. It is a condition of any warranty granted pertaining to
either the Software or the Product, that you install any such Software updates, as may be issued
from time to time by the Company for the Product or the Software, in accordance with
Company's instructions. You may view current Software updates at http://www.klarkteknik.com
and http://www.midasconsoles.com
documentation without this software.
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