User`s manual

ARTURIA – HIPHOP PRODUCER – USER’S MANUAL
67
LICENSE TO USE. The Licensee is granted a personal, non-exclusive and non-transferable license to
install and to use one copy of the Software on a single computer solely for the personal use of the
Licensee. Use of the Software is subject to this Agreement.
RESTRICTIONS ON USE. The Licensee may not nor permit third parties to (i) make copies of any
portion of the Software, other than as expressly permitted under this Agreement; (ii) modify,
translate, disassemble, decompile, reverse engineer or create derivative and/or competitive
products based on any portion of the Software; (iii) provide use of the Software in a network,
timesharing, interactive cable television, multiple CPU service bureau or multiple user arrangement
to users not individually licensed by AAS, other than as expressly permitted by the terms of this
license. The Software is licensed to you as a single product. Its component parts may not be
separated for use on more than one computer.
OWNERSHIP. AAS retains title to the Software, including but not limited to any titles, computer
code, themes, objects dialog concepts, artwork, animations, sounds, audio effects, methods of
operation, moral rights, any related documentation and “applets” incorporated into the Software.
AAS retains ownership of and title to all intellectual property rights in the Software, underlying
technology, related written materials, logos, names and other support materials furnished either
with the Software or as a result of this Agreement, including but not limited to trade secrets,
patents, trademarks and copyrights therein. Licensee shall not remove or alter any copyright or
other proprietary rights notices contained on or within the Software and shall reproduce such
notices on all copies thereof permitted under this Agreement or associated documentation.
LIMITED WARRANTY. Except for the foregoing, THE SOFTWARE IS provided “AS IS” without
warranty or condition of any kind. AAS disclaims all warranties or conditions, written or oral,
statutory, express or implied, including but not limited to the implied warranties of merchantable
quality or fitness for a particular purpose, title and non-infringement of rights of any other person.
AAS does not warrant that THE SOFTWARE will meet the Licensee’s requirements or that the
operation of the software will be uninterrupted or ERROR-FREE.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT WILL AAS BE LIABLE TO THE LICENSEE OR ANY THIRD PARTY FOR ANY INDIRECT,
SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING
BUT NOT LIMITED TO LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA, BUSINESS
INTERRUPTION OR ANY OTHER PECUNIARY LOSS WHETHER BASED IN CONTRACT, TORT OR
OTHER CAUSE OF ACTION, EVEN IF AAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, EXCEPT IN RELATION TO GROSS NEGLIGENCE OR WILFUL BREACH OF THIS
AGREEMENT BY AAS. NO AAS AGENT, REPRESENTATIVE OR DEALER IS AUTHORIZED TO EXTEND,
MODIFY OR ADD TO THIS WARRANTY ON BEHALF OF AAS. THE TOTAL LIABILITY OF AAS FOR
DAMAGES, WHETHER IN CONTRACT OR TORT, UNDER OR RELATED IN ANY WAY TO THIS
AGREEMENT SHALL BE LIMITED TO THE LICENSE FEES ACTUALLY PAID BY LICENSEE TO AAS, OR
IF NO FEES WERE PAID, AAS’ LIST PRICE FOR THE SOFTWARE COVERED BY THIS LICENSE. THE
EXCLUSION OF IMPLIED WARRANTIES AND/OR THE LIMITATION OF LIABILITY IS NOT PERMITTED
IN SOME JURISDICTIONS, AND SOME OR ALL OF THESE EXCLUSIONS MAY THEREFORE NOT
APPLY.
TERMINATION. This License also shall extend to the Software and any updates or new releases
thereof obtained by the Licensee, if any, subject to any changes to this License made by AAS from
time to time and provided to the Licensee, provided AAS is under a separate obligation to provide
to Licensee such updates or upgrades and Licensee continues to have a valid license which is in
effect at the time of receipt of each such update or new release. This License shall remain in effect
until terminated. The Licensee may terminate this Agreement at any time, upon notification to AAS.
This Agreement will terminate immediately without notice from AAS if the Licensee fails to comply
with any provision of this License. Any such termination by AAS shall be in addition to and without
prejudice to such rights and remedies as may be available, including injunction and other equitable
remedies. Upon receipt of notice of termination from AAS, the Licensee must (a) immediately cease
to use the Software; (b) destroy all copies of the Software, as well as copies of all documentation,
specifications and magnetic media relating thereto in Licensee’s possession or control; and (c)