User Manual

Universal Audio, Inc.
End-User License Agreement
IMPORTANT - PLEASE READ THIS LICENSE AGREEMENT
CAREFULLY BEFORE INSTALLING THIS SOFTWARE.
This Universal Audio, Inc. End-User License Agreement ("Agreement") is a
legal agreement between you (either an individual or a single entity), as an end-
user, and Universal Audio, Inc ("Universal Audio") for the software
accompanying this Agreement, which includes computer software and any bug
fixes subsequently delivered and associated media, printed materials and
"online" or electronic documentation (collectively, the "Software"). The
Software is licensed, not sold, by Universal Audio to the original end user for
use only on the terms set forth here. By exercising your rights to install, copy
and use the Software, you agree to be bound by these terms. If you do not agree
to these terms, you may not install, copy or use the Software.
1 Limited Use License.
Universal Audio, as Licensor, grants you, as Licensee, a non-exclusive license to
use the Software with a single computer unit at a single location.
2 Title.
The Software is owned by Universal Audio or its suppliers and is protected by
copyright laws and international treaty provisions, as well as other intellectual
property laws and treaties. Universal Audio retains title to and ownership of the
Software and all copies thereof in any form. Universal Audio retains all rights in
the Software not specifically granted to the Licensee. Nothing in this Agreement
constitutes a waiver of Universal Audio's rights under United States copyright
law or any other law.
3 Permitted Use and Restrictions.
You may install the Software into the memory of a single computer, but may
not electronically transfer the Software to someone else's computer or operate it
in a time-sharing or service-bureau operation. You may make one copy of the
Software for backup purposes only (and replacement backup copies in the event
of loss of or damage to a backup copy), provided you include all copyright
notices contained on the original media on the backup copy. You may not
modify, translate, adapt, reverse engineer, decompile, create other works from,
or disassemble the Software or any portions thereof. Similarly, you may not
copy, modify, adapt, transfer, or create other works based upon the printed
materials and "online" or electronic documentation accompanying or published
for use with the Software (the "Documentation").
4 Transfer.
You may not export, transfer, convey, rent, sublicense, or otherwise distribute
the Software or any rights therein to any person or entity. Notwithstanding the
foregoing, you may transfer this license to a transferee:
(i) for whom you have provided registration details (your name, hardware ID(s),
user e-mail ID, buyer's name and buyer's e-mail address) to Universal Audio at
[e-mail] in advance of such transfer; and
(ii) who has agreed to be bound by the terms of this license by registering with
Universal Audio at my.uaudio.com and confirming such agreement during
installation of the software. Any such permitted transferee may not
subsequently transfer this license and the limited 90 day warranty set forth in
the first two sentences of Section 5 shall expire upon such permitted transfer.
5 Limited Warranty.
Universal Audio grants solely to you a limited warranty for a period of ninety
(90) days from the original purchase date that the media on which the software
is distributed shall be substantially free from material defects. Your exclusive
remedy, at Universal Audio's option, is to return and have replaced the
inaccurate media containing the software programs or receive a refund of the
price paid within the warranty period. UNIVERSAL AUDIO DOES NOT
WARRANT THAT THE SOFTWARE WILL MEET YOUR
REQUIREMENTS OR THAT ITS OPERATION WILL BE
UNINTERRUPTED OR ERROR-FREE. EXCEPT AS SPECIFIED
HEREIN, UNIVERSAL AUDIO MAKES NO WARRANTIES OR
REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE
SOFTWARE, DOCUMENTATION, OR MEDIA, AND HEREBY
EXPRESSLY DISCLAIMS THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS.
FURTHERMORE, UNIVERSAL AUDIO DOES NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE SOFTWARE OR DOCUMENTATION
IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY UNIVERSAL AUDIO OR A UNIVERSAL AUDIO-
AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY
OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
EXCEPT AS SPECIFIED HEREIN, SHOULD THE SOFTWARE PROVE
DEFECTIVE, YOU (AND NOT UNIVERSAL AUDIO OR A UNIVERSAL
AUDIO-AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU.
6 Limitation of Liability.
UNIVERSAL AUDIO SHALL HAVE NO LIABILITY TO YOU OR ANY
THIRD PARTY, WHETHER IN CONTRACT, TORT, NEGLIGENCE
OR PRODUCTS LIABILITY, FOR ANY CLAIM, LOSS, OR DAMAGE,
INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF USE,
BUSINESS INTERRUPTION, LOST DATA, OR LOST FILES, OR FOR
ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND OR NATURE WHATSOEVER ARISING
OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY
TO USE THE SOFTWARE OR DOCUMENTATION, OR THE
PERFORMANCE OR OPERATION OF THE SOFTWARE, EVEN IF
UNIVERSAL AUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR
LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL
UNIVERSAL AUDIO'S TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE
EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.
7 Term.
This Agreement is effective until terminated. You may terminate the license
without recompense at any time by returning the Software and all
Documentation and any copies thereof (whether or not the copying was
authorized hereunder) to Universal Audio and by removing the Software from
the memory of any computer into which the Software has been transferred by
you or with your permission. In addition to any other rights of Universal Audio,
this license may be terminated by Universal Audio immediately and without
notice in the event you fail to comply with any term or condition hereof. Upon
termination by Universal Audio, you will return to Universal Audio, at your
expense, the Software and all Documentation and any copies thereof (whether
or not the copying was authorized hereunder).
8 United States Government Rights.
The Software and Documentation are provided with RESTRICTED
RIGHTS. Use, duplication, or disclosure by the Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical
Data and Computer Software clause at DFARS 252.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted
Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Universal Audio,
Inc., 1700 Green Hills Road, Scotts Valley, CA, 95066-4926 USA.
9 Miscellaneous.
This Agreement shall be governed by and construed in accordance with the laws
of the United States and the State of California, as applied to agreements
entered into and to be performed entirely within California between California
residents. If for any reason a court of competent jurisdiction finds any provision
of this License or portion thereof to be unenforceable, that provision of the
License shall be enforced to the maximum extent permissible so as to effect the
intent of the parties, and the remainder of this License shall continue in full
force and effect. This Agreement constitutes the entire agreement between the
parties with respect to the use of the Software and Documentation, and
supersedes all prior or contemporaneous understandings or agreements, written
or oral, regarding such subject matter. No amendment to or modification of this
License will be binding unless in writing and signed by a duly authorized
representative of Universal Audio.
Contact.
Should you have any questions concerning this Agreement, please contact
Universal Audio at 1700 Green Hills Road, Scotts Valley, CA, 95066-4926
USA, [phone] voice, [phone] fax, www.uaudio.com web.