User's Manual

14 DL251 Audio System I/O
MUSIC Group IP Limited
Licences
The following are the license agreements applicable to
the Midas Digital Equipment.
End-User Licence Agreement for Midas™
and Klark Teknik™ Software
THIS AGREEMENT ("AGREEMENT" OR "LICENCE")
STATES THE TERMS AND CONDITIONS UPON WHICH
MIDAS KLARK TEKNIK LIMITED ("COMPANY") OFFERS
TO LICENSE THE INSTALLED FIRMWARE, SOFTWARE
AND/OR PROGRAMS ("the SOFTWARE") WITH THE
MIDAS™ OR KLARK TEKNIK™ CONSOLE OR SIGNAL
PROCESSING PRODUCT ("PRODUCT") IN WHICH IT
HAS BEEN INSTALLED BY, OR FOR WHICH IT IS
PROVIDED BY, THE COMPANY. BY USING THIS
PRODUCT YOU WILL BE AGREEING TO BECOME
BOUND BY THE TERMS OF THIS LICENCE. IF YOU DO
NOT AGREE TO THE TERMS OF THIS LICENCE, DO NOT
USE THIS PRODUCT AND PROMPTLY RETURN THE
PRODUCT TO THE PLACE WHERE YOU OBTAINED IT
FOR A FULL REFUND. You agree to notify any persons
whom you permit to operate this Product of the terms
of this Licence, and to require them to comply with
these terms.
The Software is licensed, not sold, to you for use only
under the terms of this Licence, and the Company
reserves all rights not expressly granted to you. The
Company retains ownership of all copies of the
Software itself, and all proprietary parts of it, including
those stored on or in the Product.
1. Licence: Subject to the terms and conditions of
this agreement, the Company grants you, and other
persons you permit to operate the Product, a personal,
limited, non-exclusive, non-transferable licence to use
the Software only on the single Product unit in which it
has been installed.
2. Restrictions: (a) The Software, and the
accompanying written materials, are copyrighted and
contain trade secrets and other proprietary matter,
including confidential information relating to the
specifications and performance characteristics of this
Product. Save for such elements as may be licensed
to the Company, as described in paragraph 5, all rights
to copyrights, trade marks and trade secrets in the
Software, or any modifications to it, are owned by the
Company. Unauthorised use or copying of the
Company's proprietary Software, or any portion
thereof, or copying of those written materials, is
prohibited. (b) You may not create, market,
distribute, or transfer copies of the Company's
proprietary Software, or any part of it, to others, or
duplicate, rent, lease or loan that Software, or any
part of it, except that you may transfer that Software
installed in this Product in conjunction with the sale,
transfer, loan, rent or lease of this Product, and
subject at all times to this Licence. YOU MAY NOT
REVERSE ENGINEER, DECOMPILE, DISASSEMBLE,
EXTRACT OR SEPARATE OUT, MODIFY, ADAPT, PORT,
OR TRANSLATE THE SOFTWARE, DERIVE THE SOURCE
CODE OF THE SOFTWARE OR CREATE DERIVATIVE
WORKS BASED ON THE SOFTWARE OR ANY
ACCOMPANYING WRITTEN MATERIALS, save as is
allowed by licences pertaining to component parts of
the Software which are licensed by third parties, as
described under paragraph 5, or otherwise by law. (c)
In the event you violate any term of this Licence, all
rights granted herein will automatically and
immediately terminate and you must stop using the
Software and destroy any copies of the Software.
3. Limited Warranty: Subject to your installation
of any Software updates issued by the Company as
described herein, and the condition below, the
Company warrants that the Software will operate in
compliance with the Software's material specifications
and documentation for a period of 90 days from your
purchase of this Product. The Software is provided "as
is" and the Company does not warrant that the
operation of the Software will meet your requirements
or operate free from error. To the greatest extent
permissible by law, the Company DISCLAIMS ALL
WARRANTIES AND CONDITIONS, EITHER EXPRESS OR
IMPLIED, INCLUDING THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OF THIRD PARTY
RIGHTS OR CAPABILITY OF CORRECTLY PROCESSING
PROVIDING AND/OR RECEIVING DATE INFORMATION.
You understand that the Company may update or
revise the Software but in so doing incurs no obligation
to furnish such updates to you. However, the
Company may in its discretion make updates available
from time to time upon such terms and conditions as it
shall determine. It is a condition of the above
warranty that you install any such Software updates,
as may be issued from time to time by the Company
for the Software, in accordance with the Company's
instructions, and if you do not do so such warranty will
cease to apply. You may view current Software
updates at http://www.klarkteknik.com and
http://www.midasconsoles.com.
4. Limited Liability: THE ENTIRE RISK ARISING
OUT OF YOUR USE OR PERFORMANCE OF THE
SOFTWARE REMAINS WITH YOU. THE LIABILITY OF
THE COMPANY FOR ANY CLAIMS ARISING OUT OF
THIS LICENCE AND/OR BASED UPON THE SOFTWARE,
REGARDLESS OF THE FORM OF ACTION, AND
INCLUDING WORK STOPPAGE, PRODUCT FAILURE OF
MALFUNCTION OR ANY OTHER COMMERCIAL LOSS OR
DAMAGE, SHALL NOT EXCEED THE COST OF THE
LICENCE FEE FOR THE SOFTWARE OR THE COST OF
THIS PRODUCT. SUBJECT TO THE PROVISIONS OF
APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY
BE LIABLE FOR ANY LOSS OF DATA, LOST
IMPORTANT - Please read this document
carefully before using this Midas™ or Klark
Teknik™ Product. This is an agreement
governing your use of software or other
machine instructions already installed on this
Midas™ or Klark Teknik™ Product, as well as
other software that we provide for installation
on this Product. The Midas™ or Klark Teknik™
Product will not operate in accordance with its
documentation without this software.