User's Manual
Page 28
LICENCE AND LIMITED WARRANTY
1. DEFINITIONS
In this Licence and Limited Warranty the following words and phrases shall bear the following meanings:
‘the Company’ is CEDAR Audio Limited of 20 Home End, Fulbourn, Cambridge CB21 5BS, UK;
‘a/the System’ means an instance of the DNS 2 sound processing system comprising hardware
and software developed by the Company;
‘this Document’ means this Licence and Limited Warranty.
2. ISSUE AND USE OF THE SYSTEM
2.1 The terms and conditions of this Document are implicitly accepted by any person or body corporate who
shall at any time use or have access to the System, and are effective from the date of supply of the
System by CEDAR Audio Limited to its immediate customer.
2.2 The Company hereby grants to the Licensee and the Licensee agrees to accept a
non-exclusive right to use the System.
3. PROPERTY AND CONFIDENTIALITY
3.1 The System contains condential information of the Company and all copyright, trade marks, trade
names, styles and logos and other intellectual property rights in the System including all documentation
and manuals relating thereto are the exclusive property of the Company. The Licensee acknowledges
that all such rights are the property of the Company and shall not question or dispute the ownership of
any such rights nor use or adopt any trading name or style similar to that of the Company.
3.2 The Licensee shall not attempt to reverse engineer, modify, copy, merge or transcribe the whole or any
part of the System or any information or documentation relating thereto.
3.3 The Licensee shall take all reasonable steps to protect the condential information and intellectual
property rights of the Company.
4. LIMITED WARRANTY AND POST-WARRANTY OBLIGATIONS
4.1 The Company warrants that a System will perform substantially in accordance with the appropriate
section of its accompanying product manual for a period of one year from the date of supply to the
Company‘s immediate customer.
4.2 The Company will make good at its own expenses by repair or replacement any defect or failure that
develops in a System within one year of supply to the Company‘s immediate customer.
4.3 The Company shall have no liability to remedy any defect, failure, error or malfunction that arises as
a result of any improper use, operation or neglect of a System, or any attempt to repair or modify a
System by any person other than the Company or a person appointed with the Company‘s prior written
consent.
4.4 In the case of any defect or failure in a System occurring more than twelve months after its supply
to the Company‘s immediate customer the Company will at its option and for a reasonable fee make
good such defect or failure by repair or replacement (at the option of the Company) subject to the faulty
equipment having rst been returned to the Company. The Company will use reasonable efforts to
return repaired or replacement items promptly, all shipping, handling and insurance costs being for the
account of the Licensee.
4.5 The above undertakings 4.1 to 4.4 are accepted by the Licensee in lieu of any other legal remedy
in respect of any defect or failure occurring during the said period and of any other obligations or
warranties expressed or implied including but not limited to the implied warranties of saleability and
tness for a specic purpose.
4.6 The Licensee hereby acknowledges and accepts that nothing in this Document shall impose upon
the Company any obligation to repair or replace any item after a time when it is no longer produced
or offered for supply by the Company or which the Company certies has been superseded by a later
version or has become obsolete.
5. FORCE MAJEURE
The Company shall not be liable for any breach of its obligations hereunder resulting from causes beyond its
reasonable control including, but not limited to, res, strikes (of its own or other employees), insurrection or
riots, embargoes, container shortages, wrecks or delays in transportation, inability to obtain supplies and raw
materials, or requirements or regulations of any civil or military authority.