Hardware manual

Apollo Twin Hardware Manual Chapter 5: Notices 37
Hardware Terms and Conditions
UNIVERSAL AUDIO, INC. HARDWARE TERMS AND CONDITIONS
PLEASE READ THESE UNIVERSAL AUDIO, INC. HARDWARE TERMS AND CONDITIONS (THE “HARDWARE TERMS”) CARE-
FULLY BEFORE USING THE UA HARDWARE DEVICE THAT YOU HAVE ACQUIRED (THE “UA HARDWARE DEVICE”).
THE UA HARDWARE DEVICE IS PART OF A SYSTEM COMPRISED OF THE UA HARDWARE DEVICE AND CERTAIN SOFT-
WARE (THE “UA SOFTWARE”) THAT IS COMPATIBLE WITH THE UA HARDWARE DEVICE THAT UNIVERSAL AUDIO, INC.
(“UA”) EITHER OWNS OR LICENSES FROM A THIRD PARTY. UNLIKE THE UA HARDWARE DEVICE, THE UA SOFTWARE IS
LICENSED TO THE END USER, NOT SOLD. AS SUCH, USE OF THE UA SOFTWARE IS GOVERNED BY AN “END USER LI-
CENSE AGREEMENT”, RATHER THAN THESE HARDWARE TERMS. THE CURRENT FORM OF END USER LICENSE AGREE-
MENT CAN BE FOUND AT WWW.UAUDIO.COM/EULA-UA.HTML AND MAY BE AMENDED FROM TIME TO TIME IN ACCOR-
DANCE WITH ITS TERMS.
BY USING THE UA HARDWARE DEVICE, YOU ARE AGREEING TO BE BOUND, PERSONALLY, BY THESE HARDWARE TERMS
IN THE SAME MANNER AS IF YOU HAD SIGNED A WRITTEN AGREEMENT WITH UA; PROVIDED, HOWEVER, THAT IF YOU
NOTIFIED UA WHEN YOU CREATED YOUR UA ACCOUNT FOR THE UA SOFTWARE THAT YOU WERE LICENSING YOUR COPY
OF THE UA SOFTWARE ON BEHALF OF AN ENTITY, THEN THAT ENTITY (THE “DESIGNATED ENTITY”), AND NOT YOU
PERSONALLY, SHALL BE BOUND BY THESE HARDWARE TERMS. IN SUCH EVENT, YOU REPRESENT AND WARRANT THAT
YOU HAVE THE AUTHORITY TO BIND YOUR DESIGNATED ENTITY IN CONNECTION WITH THE TRANSACTIONS CONTEM-
PLATED BY THESE HARDWARE TERMS.
1. Limited Warranty. Subject to the terms and conditions contained in these Hardware Terms (including, without limita-
tion, the “Exclusions” set forth in Section 2 below), UA warrants that the UA Hardware Device will be free from defects in
materials and workmanship for one (1) year after the original end user acquired it from UA or an Authorized UA Distributor;
provided, however, that if you or, alternatively, your Designated Entity (“Customer”), are not the original end user, then the
foregoing warranty shall not transfer to Customer if: (a) Customer (i) is a citizen of, or located within, an Embargoed Country,
(ii) Customer will use the UA Hardware Device for a Prohibited Use or (iii) Customer is a Sanctioned Party (as such terms are
defined in Section 7 below) or (b) Customer fails to comply with the conditions of transfer set forth at http://www.uaudio.com/
support/uad/transfer-faq. For purposes of this Agreement, “Authorized UA Distributor” means a third party who was expressly
authorized by UA to sell the UA Hardware Device as of the time it was sold to the original end user.
2. Exclusions. The foregoing warranty shall not apply to any expendable components within the UA Hardware Device.
Nor shall the warranty apply to any UA Hardware Device that: (a) has been modified by anyone other than UA or a third party
whom UA has authorized in writing to modify such UA Hardware Device, (b) has been subjected to unusual physical or electrical
stress, excessive heat, moisture, misuse or abuse or (c) does not bear the original serial number applied to such UA Hardware
Device by UA. The warranty, as limited by this Section 2, is hereinafter referred to as the “Limited Warranty”.
3. Exclusive Remedy for Breach of Limited Warranty. UA will repair or replace any UA Hardware Device (or a non-expend-
able component thereof) that is covered by the Limited Warranty provided that Customer returns it to UA within the one-year
warranty term along with Customer’s proof-of-purchase from UA or an Authorized UA Distributor (the “Proof of Purchase”),
as further described in section 4 (Warranty Procedures). If UA cannot repair or replace such covered UA Hardware Device (or
non-expendable component thereof) (each, a “Covered Device”), UA will refund the amount shown for the Covered Device on
Customer’s Proof of Purchase. Customer must uninstall the Covered Device and return any media and other associated ma-
terials (including without limitation the UA Software) to UA along with the Proof of Purchase to obtain the refund. These are
Customer’s only remedies for breach of the Limited Warranty.
4. Warranty Procedures. To process a warranty claim made in accordance with Section 3 above (a “Warranty Claim”),
please visit www.uaudio.com/support. Please note that registration may be required in order to process the Warranty Claim or to
activate the UA Software or other complimentary support packages included with some UA Hardware Devices. Pre-registering
Customer’s UA Hardware Device will help expedite any Warranty Claim. UA Hardware Devices can be registered at www.uaudio.
com/support. This Limited Warranty is return-to-factory, and Customer is responsible for properly packing and labeling the Cov-
ered Device (or non-expendable component thereof) for shipment to UA. Customer is required to pay shipping/handling one way
for warranty returns.
5. Disclaimer. EXCEPT AS EXRESSLY SPECIFIED IN THESE HARDWARE TERMS, UA AND THE UA AUTHORIZED
DISTRIBUTORS MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE UA HARDWARE
DEVICE AND HEREBY EXPRESSLY DISCLAIM THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. FURTHERMORE, NEITHER UA NOR ANY UA AUTHORIZED
DISTRIBUTOR WARRANTS OR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF
THE UA HARDWARE DEVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL
OR WRITTEN INFORMATION OR ADVICE GIVEN BY UA OR ANYONE PURPORTING TO SPEAK ON BEHALF OF UA SHALL
CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. EXCEPT AS EXPRESSLY SET FORTH
IN THESE HARDWARE TERMS, SHOULD THE UA HARDWARE DEVICE PROVE DEFECTIVE, CUSTOMER (AND NOT UA OR