Installation guide

5
GRANT OF LICENSE.
DEQX grants the ‘Recipient’ a limited, nonexclusive, non-transferrable, royalty-free license to
make and use the software accompanying this agreement (‘Product’) to be installed on approved
Windows platforms for Recipient's use with DEQX Acoustic Digital Correction Hardware only.
All other rights are reserved to DEQX. Recipient shall not rent, lease, sell, sublicense, assign, or
otherwise transfer the Product, any accompanying printed materials (‘Documentation’), or a digital
content created with the Product (‘Filter coefficients’). Recipient may not reverse engineer or
decompile the Product. DEQX and its suppliers shall retain title and all ownership rights to the
product, and this Agreement shall not be construed in any manner as transferring any rights of
ownership or license to the Product or to the features or information therein, except as specifically
stated herein.
TERM OF AGREEMENT.
The term of this Agreement shall commence on the date you accept this Agreement and shall
continue unless terminated by DEQX in writing at any time, with or without cause. In the event
that DEQX terminates this agreement Recipient shall promptly return to DEQX, or certify
destruction of, all full or partial copies of such product and related materials provided by DEQX.
PRODUCT MAINTENANCE.
DEQX is not obligated to provide maintenance or updates to Recipient for Product licensed under
this Agreement.
DISCLAIMER OF WARRANTY.
DEQX-Cal™ software (‘Product’) is deemed accepted by Recipient upon first use. The
PRODUCT IS PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND EXCEPT. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEQX FURTHER DISCLAIMS ALL
WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND
DOCUMENTATION REMAINS WITH RECIPIENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DEQX
OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT,
INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT OR
DOCUMENTATION, EVEN IF DEQX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
GOVERNING LAW; ATTORNEYS FEES.
The laws of the State of New South Wales, Australia shall govern this Agreement and Recipient
further consents to jurisdiction by the state and Australian federal courts sitting in the State of
New South Wales. If either DEQX or Recipient employs attorneys to enforce any rights arising out
of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable
attorneys' fees.