User Manual

CONSOLE 1 USER’S GUIDE | LXXXIII
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ENDUSERLICENSE
AGREEMENT
This End User License Agreement ("Agreement") is a contract between you, either
individual or single entity, and Softube AB ("Licensor"), a Swedish corporation re-
garding use of the accompanying software ("Software"). Please read through this
Agreement carefully before installation and use of the Software. BY ACCEPTANCE
OF THIS AGREEMENT OR by installation and/or use of the Software (THE EARLIEST
OF SUCH ACTS CONSTITUTING THE EFFECTIVE DATE OF THIS AGREEMENT), you
agree to be bound by the terms and conditions of this Agreement. Should you
not accept the terms and conditions set forth in this Agreement, do not install the
Software and delete the Software from your computer and any copies thereof.
1. The Software may not be used without a software license key. You may
purchase a software license key from Licensor at the terms and conditions from
time to time applied by the Licensor, which entitles you to use the Software on a
perpetual basis ("Perpetual License"). You may also receive a temporary software
license key which is intended to give you an opportunity to test and evaluate the
Software ("Evaluation License"). Such Evaluation License is provided at the terms
and conditions from time to time applied by Licensor. Please note that you are
responsible for the software license key received and Licensor will not replace any
lost software license keys.
2. Licensor and/or its licensors own all copyrights in and to the Software. The Soft-
ware is protected by copyright laws and international copyright treaties, as well
as other intellectual property laws and treaties. Any and all intellectual and other
property rights to and in the Software vest in and shall remain vested in Licensor
or its licensors. The Software is licensed, not sold.
3. Title and copyrights in and to the Software (including any images, photographs,
animations, video, audio, music, and text incorporated into the Software), ac-
companying printed materials, and any copies End-Users are permitted to make
herein are owned by Licensor or its licensors.
4. No right, title or interest in or to any trademark, service mark, logo, or trade
name of Licensor or its licensors is granted to End-Users.
5. The End-User is granted a non-exclusive and non-transferable right to use the
Software.
6. The End-User may not copy or reproduce the Software. The End-User may not
transfer, sell, distribute, lend, rent, lease or in other way, directly or indirectly,
dispose of the Software or any derivative work of the Software.
7.The End-User may not alter or modify the Software and may not analyze,
reverse engineer, decompile or disassemble the Software or any part of the
Software, incorporate the Software into any other application software, or print
out the Software, except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation.
8. The End-User may use the Software for only as many simultaneous users,
servers or other limiting parameters as are set out in the instructions of Licensor
according to the Agreement or otherwise.
9. The Software is installed on computer(s)/server(s) according to what is set
forth in the agreement with the Licensor.
10. Except as provided for the Evaluation License, the license will continue
until it is terminated. Licensor may terminate the license if you fail to comply
with the terms of this Agreement. You may terminate the license at any time
and for any reason. Upon termination by either party, you must delete the
Software from your computer and any copies thereof.
11. Licensor warrants the media on which the Software is recorded to be free
from defects in material and workmanship under normal use for a period
of ninety (90) days from the date of purchase as evidenced by a copy of the
receipt. Licensor’s entire liability and your exclusive remedy will be replace-
ment of the media not meeting the Licensor’s limited warranty and which is
returned to Licensor or an authorized representative of Licensor with a copy
of the receipt. Licensor will have no responsibility to replace any media dam-
aged by accident, abuse or misapplication.
12. The Software is provided strictly "AS IS," without warranty of any kind. ALL
EXPRESSED OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING
ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. LICENSOR DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL
MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE
WILL BE INTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE
WILL BE CORRECTED. FURTHERMORE, LICENSOR DOES NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF
THE USE OF THE SOFTWARE OR RELATED DOCUMENTATIONS IN TERMS OF
THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NOR ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR AN AUTHORIZED
REPRESENTATIVE OF LICENSOR SHALL CREATE A WARRANTY OR IN ANY WAY
INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE
DEFECTIVE, YOU (AND NOT LICENSOR OR AN AUTHORIZED REPRESENTATIVE
OF THE LICENSOR) ASSUME THE JURISDICTIONS. SOME STATES DO NOT AL-
LOW THE EXCLUSION OF IMPLIED WARRANTY, SO THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU.
13. NEITHER LICENSOR NOR ITS LICENSORS SHALL BE LIABLE FOR ANY DAM-
AGES SUFFERED BY YOU OR ANY THIRD PARTY AS A RESULT OF USE OR INABIL-
ITY TO USE THE SOFTWARE. IN NO EVENT WILL LICENSOR NOR ITS LICENSORS
BE LIABLE FOR ANY LOST REVENUE, PROFIT OR ANTICIPATED SAVINGS, DATA,
OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNI-
TIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF
LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN
IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE LICENSORS ENTIRE LIABILITY UNDER ANY PROVISION OF THIS
AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO
LICENSOR FOR THE SOFTWARE LICENCE KEY.
14. This Agreement shall be governed and construed in accordance with the
laws of Sweden.