End User License Agreement - mxr Poly Blue Octave Manual

End-User License Agreement
This End-User License Agreement ("EULA") is a legal
agreement between (a) you, either as an individual or a single
entity (hereinafter referred to as "You" or "Your") and (b) Dunlop
Manufacturing, Inc. ("Dunlop") that governs Your use of any
Software Product, installed on or made available by Dunlop for
use with Your Dunlop product. The term "Software Product"
means the electronic effect installed on or made available by
Dunlop for use with Your Dunlop product and may include
associated medial, printed material and "online" or electronic
documentation.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA
BY USING ANY PART OF THE SOFTWARE PRODUCT AND/OR
THE DUNLOP PRODUCT. YOU ALSO ACCEPT THIS EULA IF
YOU KEEP THE DUNLOP PRODUCT FOR 30 DAYS.
IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA,
DUNLOP IS UNWILLING TO LICENSE THE SOFTWARE TO
YOU. IN SUCH EVENT, YOU MAY NOT USE THE DUNLOP
PRODUCT CONTAINING THE SOFTWARE PRODUCT AND
YOU SHOULD RETURN THE DUNLOP PRODUCT TO YOUR
PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.
1. GRANT OF LICENSE: Dunlop grants to You the following
individual, personal, non-sub licensable, nonexclusive license
to use one (1) copy of the Software Product, in object code
form only, provided You agree to and comply with all terms and
conditions of this EULA as it may be amended from time to
time. You acknowledge that Dunlop retains ownership of the
Software Product, any portions or copies thereof, and all
rights therein throughout the world.
THE DUNLOP PRODUCT (INCLUDING THE SOFTWARE
PRODUCT CONTAINED THEREIN) IS PROVIDED "AS IS"
AND SUBJECT TO THE WARRANTY DISCLAIMERS AND
LIMITATIONS OF LIABILITY SET FORTH BELOW.
2. RENTAL: You may not copy, rent, lease, distribute, assign
or otherwise transfer rights to the Software Product; use the
Software Product for timesharing or service bureau purposes
or otherwise for the benefit of a third party.
3. TRANSFER: You may permanently transfer the rights granted
to You under this Agreement only as part of a permanent sale
or transfer of the Dunlop product containing the Software
Product, provided You retain no copies, You transfer all of
the Software Product (including all component parts, the
media and printed materials, any upgrades and prior versions,
these licensing terms, and , if applicable, the Certificate(s) of
Authenticity), and only if the recipient agrees to the bound to by
the terms and conditions of this Agreement.
4. RESTRICTIONS: You will only use the Software Product for
lawful purposes and in compliance with all applicable laws. You
hereby agree to defend and indemnify Dunlop against any claim
or action that arises from Your use of the Software Product in
an unlawful manner.
5. LIMITATION ON REVERSE ENGINEERING: You will not,
directly or indirectly, reverse engineer, decompile, disassemble
or otherwise attempt to discover the source code or underlying
ideas or algorithms of the Software Product; modify, translate,
or create derivative works based on the Software Product.
Nothing contained herein shall be construed, expressly or
implicitly, as transferring any right, license or title to You other
than those explicitly granted under this EULA. Unauthorized
copying of the Software Product or failure to comply with the
above restrictions will result in automatic termination of this
Agreement and will constitute immediate, irreparable harm to
Dunlop for which monetary damages would be an inadequate
remedy, in which case injunctive relief will be an appropriate
remedy for such breach.
6. SUPPORT: Dunlop provides the Software Product "AS-IS"
and does not provide support services for it.
7. PROPRIETARY RIGHTS: All intellectual property rights in
the Software Product and user documentation are owned by
Dunlop or its suppliers and are protected by law, including
but not limited to United States copyright, trade secret and
trademark law, as well as other applicable laws and international
treaty provisions. The structure, organization and code of the
Software Product are the valuable trade secrets and confidential
information of Dunlop and its suppliers. You shall not remove
any product identification, copyright notices or proprietary
restrictions from the Software Product or Dunlop product.
M306 | Poly Blue Octave 6