Eula - Fractal VP4 Owner's Manual

VP4 OWNER'S MANUAL

EULA

BY ACCEPTING, INSTALLING OR USING ANY PART OF THIS PRODUCT YOU ARE CONSENTING TO ALL OF THE TERMS AND
CONDITIONS OF THIS ENTIRE END USER LICENSE AGREEMENT ("EULA"). IF YOU DO NOT AGREE TO ALL THE TERMS AND
CONDITIONS OF THIS ENTIRE AGREEMENT, ARE UNABLE OR UNWILLING COMPLY WITH THESE TERMS AND CONDITIONS, YOU
MUST DISCONTINUE USE OF THE PRODUCT IMMEDIATELY AS YOU HAVE NO AUTHORITY OR LICENSE TO USE THE PRODUCT.
TERMS AND CONDITIONS
1) GRANT OF LICENSE FOR PRE INSTALLED OR USER UPGRADED FIRMWARE ("THE SOFTWARE")
Subject to the terms and conditions set forth herein, Fractal Audio Systems, ("FAS") grants you an individual, personal,
non-sub licensable, nonexclusive license to use this product in accordance with the applicable end user documentation, if
any (the "License"). The user 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; modify, translate, or create derivative works
based on the Software; or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights
to the Software (except as expressly authorized by this Agreement); remove any proprietary notices, comments, terms and
conditions and or labels on or in the Software. As between the parties, you acknowledge that FAS and its licensors retain
their respective ownership of the Software, any portions or copies thereof, and all rights therein throughout the world. Upon
termination of this Agreement for any reason, the License and all rights granted to you under this Agreement will terminate
and you will cease to use the Software. You may permanently transfer the limited rights of use of the Software granted to
you under this Agreement only as part of a permanent sale or transfer of the hardware device containing the software, and
only if the recipient agrees to be bound by the terms and conditions of this Agreement. You acknowledge that you have
no rights in or to, and may not transfer or otherwise authorize the use of, any "beta" or "preview" software of FAS and its
licensors. THIS LIMITED LICENSE TO USE AND TRANSFER THE SOFTWARE IS PROVIDED AS-IS AND IS SUBJECT TO THE
RESTRICTIONS, INDEMNITY AND WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH BELOW.
2) RESTRICTIONS, WARRANTY DISCLAIMERS AND INDEMNITY OBLIGATION AGREED TO BY YOU IN EXCHANGE FOR
LIMITED GRANT OF LICENSE.
YOU WILL ONLY USE THE SOFTWARE FOR LAWFUL PURPOSES AND IN COMPLIANCE WITH ALL APPLICABLE LAWS. YOU
HEREBY AGREE TO DEFEND AND INDEMNIFY FAS AND ITS LICENSORS AGAINST ANY CLAIM OR ACTION THAT ARISES
FROM YOUR USE OF THE SOFTWARE IN AN UNLAWFUL MANNER (INCLUDING, WITHOUT LIMITATION, ANY CLAIM OR
ACTION ALLEGING INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL
PROPERTY; UNFAIR COMPETITION; VIOLATION OF GENERAL BUSINESS LAWS; OR VIOLATION OF ANY OTHER LAWS OR
RIGHTS) OR ANY OTHER USE OF THE SOFTWARE NOT EXPRESSLY AUTHORIZED PURSUANT TO THIS AGREEMENT.
3) IMPULSE RESPONSE EXPORT FOR COMMERCIAL USE
Offering for sale any Impulse Response data (e.g. "Tone Match Export/Save/Dump", "User Cab Export/Save/Dump")
created, converted or modified using Fractal Audio Systems hardware and/or software requires a commercial use
license. Recording studios, consultants, and other commercial entities may use these features in conjunction with work
performed for their commercial customers, but the resulting data files created may not be offered for sale or gifted to their
commercial customers or other third parties without a commercial license from FAS and its licensors where applicable.
Contact sales@fractalaudio.com to obtain a commercial license.
4) IMPULSE RESPONSE DATA EXPORT FOR NON-COMMERCIAL USE
If the product supports Impulse Response capture and export, you are free to export Impulse Response data for non-
commercial use. This includes producing, converting, or modifying Impulse Response data for yourself, or offering/
distributing such data at no charge to third parties. Creating Impulses for sale requires a Commercial License. Files
created without a commercial license cannot be included for free with another product or package that is offered for sale.
Contact sales@fractalaudio.com to obtain a commercial license.
WARRANTY & EULA
5) SUPPORT
Subject to the terms hereof, FAS will provide you with e-mail support services for the Software. Under no circumstances
will FAS have any obligation to provide you with hard-copy documentation, upgrades, enhancements, modifications, or
telephone support for the Software.
6) TERMINATION
This Agreement is effective until terminated. Either party may terminate this Agreement upon written notice to the other
party. FAS may also terminate this Agreement immediately, without prior notice or liability, if you breach any of the terms
or conditions of this Agreement. All sections of this Agreement which by their nature should survive termination will
survive termination, including, without limitation, warranty disclaimers and limitations of liability and limitations of use and
transfer of the Software.
7) WARRANTY DISCLAIMER
The software is provided as is without warranty of any kind. FAS disclaim all warranties, expressed or implied, including
but not limited to implied warranties, fitness for a particular purpose, and non-infringement. Some states do not allow
limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
8) LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT OR OTHERWISE, YOU AGREE THAT FAS AND ITS
LICENSORS WILL NOT BE LIABLE WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY, INFRINGEMENT OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
9) EXPORT RESTRICTIONS
You acknowledge that the Software, or any part thereof, or any process or service that is the direct product of the
Software (the foregoing collectively referred to as the "Restricted Components") are of U.S. origin. You agree to comply
with all applicable international and national laws that apply to these products, including the U.S. Export Administration
Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
10) MISCELLANEOUS
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further
rights hereunder of FAS and or its licensors. If any provision of this Agreement is found to be unenforceable or invalid,
that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain
in full force and effect and enforceable. This Agreement will be governed by and construed in accordance with the laws
of the state of New Hampshire without regard to the conflict of laws provisions thereof. You agree that this Agreement
is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all
previous written and oral agreements, communications and other understandings relating to the subject matter of this
Agreement, and that all modifications to this EULA, or any commercial license that you may have obtained from FAS and or
its licensors must be in a writing signed by you, FAS and or its licensors, where applicable, except as otherwise provided
herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have
any authority of any kind to bind FAS and or its licensors in any respect whatsoever. In any action or proceeding to enforce
rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under
this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when
receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery
by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
58