User`s manual

VARI❋LITE® - VIRTUOSO™ / VIRTUOSO™ DX CONSOLE USER’S MANUAL
02.9651.0001 C 23-Sep-02 iii
End User Software License
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACTIVATING, COPYING, INSTALLING,
OR USING THIS SOFTWARE PROVIDED BY VARI-LITE, INC. BY ACTIVATING, COPYING,
INSTALLING, OR USING THIS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS
OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT ACTI-
VATE, COPY, INSTALL, OR USE THIS SOFTWARE AND PROMPTLY RETURN IT FOR A REFUND.
1. License
. Vari-Lite, Inc. (“Vari-Lite”) hereby grants you a limited license to install and use the
Virtuoso™ DX software and related documentation (collectively, the “Software”) solely with the Virtuoso DX
console sold in conjunction with the Software. Vari-Lite retains all right, title and interest to the Software which
is protected by various proprietary rights, including but not limited to copyrights, trade secrets, or patents
("Proprietary Rights"). No license, right or interest in any trademark, trade name or service mark of Vari-Lite or
any third party is granted under this License.
2. No Implied License. You acknowledge that this License in no way shall be construed to provide an
implied license to use, modify or improve any of Vari-Lite’s patented technology, copyrights, trade secrets,
trademarks, and/or other Proprietary Rights.
3. Restrictions. The Software contains proprietary information that is possibly protected by a
combination of patent, copyright, trade secret, and/or other Proprietary Rights, and constitutes valuable property of
Vari-Lite. You acknowledge that the Software is disclosed in circumstances of confidence and only for use by you
under the terms and conditions of this License and that you do not acquire any rights of ownership or title in the
Software. You may not attempt to create or derive source codes by disassembly, reverse engineering or any other
method, or otherwise reduce the Software to a human-perceivable form. You may not modify or translate any part
of the Software. You may not use, disclose, distribute, make or have made any copies of the Software, in whole or
in part, without the prior written authorization of Vari-Lite. You agree to make reasonable efforts to notify and
inform your employees or agents having access to the Software of your limitations, duties and obligations regarding
non-disclosure and copying of the Software. The Software shall be used only by you, your employees or your
authorized agents. You agree to provide notice to Vari-Lite immediately after learning of or having reason to
suspect a breach of any of the restrictions set forth in this License.
4. Termination. This License is effective until terminated. You may terminate this License at any time
by destroying the Software, and all copies thereof. This License will terminate immediately without notice from
Vari-Lite if you fail to comply with any provision of this License. Upon termination, you must destroy the
Software and all copies thereof.
5. Export Control Requirements. This License, and any technical information supplied during the term of
this License, is made subject to any restrictions concerning the export of products or technical data from the United
States of America which may be imposed upon Vari-Lite or you from time to time by the Government of the United
States of America. Furthermore, you agree that at no time, either during the term of this License or thereafter, will
you knowingly export, directly or indirectly, any United States source technical data acquired from Vari-Lite under
this License or any direct products of that technical data to any country for which the U.S. Government or any
agency thereof at the time of export requires an export license or other governmental approval, without first
obtaining that license or approval when required by applicable United States law.
6. Limited Warranty. Vari-Lite warrants the media on which the Software is recorded to be free from
defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase
as evidenced by a copy of your receipt. Vari-Lite’s entire liability and your exclusive remedy will be replacement
of a media that does not meet Vari-Lite’s limited warranty and is returned at your expense, along with a copy of
your receipt, to Vari-Lite customer support or to Vari-Lite’s authorized representative. If replacement of the media
is not reasonably practical or commercially reasonable as determined solely in the discretion of Vari-Lite, Vari-Lite
will refund the purchase price as evidenced by a purchase receipt. Vari-Lite will have no responsibility to replace
media damaged by accident, abuse or misapplication. EXCEPT FOR THE FOREGOING, THE SOFTWARE
AND RELATED DOCUMENTATION ARE PROVIDED "AS IS," WITHOUT ADDITIONAL
WARRANTY OF ANY KIND, AND VARI-LITE EXPRESSLY DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
TITLE, ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE
PRACTICE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD PARTY'S
PATENT(S), TRADE SECRET(S), COPYRIGHT(S) OR OTHER INTELLECTUAL PROPERTY
RIGHTS. VARI-LITE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE
SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
SOFTWARE WILL BE CORRECTED. FURTHERMORE, VARI-LITE DOES NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR