Eula - Fractal Audio Systems FX8 Manual Del Usuario

EULA

EULA
BY ACCE PTIN G, INST ALLI NG OR USI NG ANY PART OF THIS PROD UCT Y OU ARE CONSENTI NG T O ALL OF THE TE RMS AND CONDITI ONS OF T HIS ENTI RE END USER LICE NSE AGRE EMENT ("E ULA").
IF YOU D O NOT AGREE T O ALL THE TE RMS AND CON DITI ONS OF THIS E NTI RE AGREE MENT, ARE U NABLE OR UN WILLI NG COMP LY WIT H THESE TE RMS AND CO N DITI ONS, YOU MUST
DISCONTIN UE USE OF T HE PROD UCT IMM EDI ATELY AS Y OU H AVE N O AUTH ORITY OR LI CENSE T O USE THE PRODU CT.
TERMS AND CONDITI ONS
1) GRANT OF LICENSE FOR PRE INSTALLED OR USER UPGRADED FIRMWARE ("THE SOFTWARE")
Subject to the terms and conditions set forth herein, Fractal Audio Systems, ("FAS") grants you an individual, personal, non-sub licensable, none xclusive license to use this product in accorda nce
with the applicable end user documentation, if any (the "License"). The user will not, directly or indirectly, reverse engine er, decompile, disassemble or otherwise attempt to discover the source
code or underlying ideas or algorithms of the Software; modify, translate, or create derivative works based on the Software; or copy (except for archiv al purposes), rent, lease, distribute, assign, or
otherwise transfer rights to the Software (except as expressly authorized by this Agreement); remove any proprietary notices, comments, terms and conditions and or labels on or in the Software. As
between the parties, you acknowledge that FAS and its licensors retain their respective ownership of the Software, any portio ns or copies thereof, and all rights therein throughout the world. Upon
termination of this Agreement for any reason, the License and all rights granted to you under this Agreement will terminate a nd you will cease to use the Software. You may permanently transfer the
limited rights of use of the Software granted to you under this Agreement only as part of a permanent sale or transfer of the h ardware device containing the software, and only if the recipient agrees
to be bound by the terms and conditions of this Agreement. You acknowledge that you have no rights in or to, and may not transfer or otherwise authorize the use of, any "beta" or "preview" software
of FAS and its licensors. THIS LIMITED LICENSE TO USE AND TRANSFER THE SOFTWARE IS PROVIDED AS -IS AND IS SUBJECT TO THE RESTRICTIONS, INDEMNITY AND WARRANTY DISCLAIMERS AND
LIMITATIONS OF LIABILITY SET FORTH BELOW.
2) RESTRICTIONS, WARRANTY DISCLAIMERS AND INDEMNITY OBLIGATION AGREED TO BY YOU IN EXCHANGE FOR LIMITED GRANT OF LICENSE.
YOU W ILL ON LY USE T HE SOFTW ARE FO R LAWFUL PU RP OSES AND IN COM PLI ANCE W ITH ALL APP LICABLE LAWS. Y OU HE RE BY AGREE T O DEFE ND AND I NDEMN IFY FAS AND ITS LICE NSORS
AG AI NST ANY CLAIM OR ACTI ON T HAT ARISES FROM YOUR USE OF THE S OFTW ARE IN AN U NLAWFUL MANNE R (INCLU DING, WITH OUT LIMIT ATI ON, ANY CLA IM OR ACTI ON ALLEG ING
INFRI NGEME NT OF ANY P ATENT, COPYRI GHT, T RADEM ARK, TRAD E SECRET, OR OT HER I NTELLE CTU AL PROPE RTY; UNF AIR COM PETITI ON ; VI OLAT ION OF GE NERAL BUSI NESS LAWS ; OR
VIOLATI ON OF ANY OTH ER LAWS OR RI GHTS) OR AN Y OTHE R USE OF THE SOFT W ARE NOT E XPRESSLY AUTH ORIZED PU RSU ANT TO TH IS AGREEM ENT.
3) IMPULSE RESPONSE EXPORT FOR COMMERCIAL USE
Offering for sale any Impulse Response data (e.g. "Tone Match Export/Save/Dump", "User Cab Export/Save/Dump") created, conver ted or modified using Fractal Audio Systems hardware and/
or software requires a commercial use license. Recording studios, consultants, and other commercial entities may use these fe atures in conjunction with work performed for their commercial
customers, but the resulting data files created may not be offered for sale or gifted to their commercial customers or other third parties without a commercial license from FAS and its licensors where
applicable. Contact sales@fractalaudio.com to obtain a commercial license.
4) IMPULSE RESPONSE DATA EXPORT FOR NON-COMMERCIAL USE
You are free to export Impulse Response data for non -commercial use. This includes producing, converting, or modifying Impulse Response data for yourself, or offering/distributing such data at no
charge to third parties. Files created without a commercial license cannot be included for free with another product or packa ge that is offered for sale. Contact sales@fractalaudio.com to obtain a
commer cial license.
5) SUPPORT
Subject to the terms hereof, FAS will provide you with e-mail support services for the Software. Under no circumstances will FAS have any obligation to provide you with hard-copy documentation,
upgrades, enhancements, modifications, or telephone support for the Software.
6) TERMINATION
This Agreement is effective until terminated. Either party may terminate this Agreement upon written notice to the other part y. FAS may also terminate this Agreement immediately, without prior
notice or liability, if you breach any of the terms or conditions of this Agreement. All Seccións of this Agreement which by their nature should survive termination will survive termination, including,
without limitation, warranty disclaimers and limitations of liability and limitations of use and transfer of the Software.
7) WARRANTY DISCLAIMER
The software is provided as is without warranty of any kind. FAS disclaim all warranties, expressed or implied, including but not limited to implied warranties, fitness for a particular purpose, and non-
infringement. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not app ly to you.
8) LIMIT ATI ON OF LI ABILITY
NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT OR OTHERWISE, YOU AGREE THAT FAS AND ITS LICENSORS WILL N OT BE LIABLE WITH RESPECT TO THE SUBJECT MATTER OF THIS
AGREEMENT UNDER ANY CONT RACT, NEGLIGEN CE, STRICT LIABILITY, INFRI NGEMENT OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY IN CIDENTA L, CONSEQUENTIAL, EXEMPLARY OR P UNITIVE
DAMAGES OF ANY KIND. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOV E MAY NOT APPLY TO YOU.
9) EXPORT RESTRICTIONS
You acknowledge that the Software, or any part thereof, or any process or service that is the direct product of the Software (the foregoing collectively referred to as the "Restrict ed Components") are
of U.S. origin. You agree to comply with all applicable international and national laws that apply to these products, including the U.S. Export Administration Regulations, as well as end-user, end-use
and destination restrictions issued by U.S. and other governments.
1 0) MISCELLANE OUS
The failur e of either part y to e xercis e in any res pect a ny right provide d for herein will not be dee med a wai ver of any further rights hereu nder of F AS and or its licen sors. I f any provision of
this Agree me nt is found to be une nforcea ble or invalid, that provisi on will be li mited or eli minate d to the mini mum e xtent ne ces sa ry so that this Agree me nt will ot her wise re main in full
force and e ffect and en for ceable . This Agree me nt will be governe d by and construed in a ccordance with the la ws of the state of Ne w Ha mpshire without regard to t he conflict of la ws
provisions there of. Y ou agree that thi s Agre eme nt is the complete a nd e xcl usi ve state ment of the mutual understanding of the partie s and s uper sede s and can cels all pr evi ous written a nd
oral agreeme nts, communi cations a nd other understa nding s relating to the s ubje ct matter of this Agree me nt, and that all modifications t o this EU LA, or any commercial lice nse that you
ma y ha ve obtained from F AS and or its li cen sors must be in a writing signe d by you, FAS and or its lice ns ors, wher e appli cable, e xcept as other wise provide d herei n. No a g en cy,
partnershi p, joi nt ve nture, or e mployment is create d as a res ult of this Agree ment and you do not ha ve any aut horit y of a ny ki nd to bind F AS and or its lice nsor s in any res pect
what soe ver. I n any action or pr oce eding t o en force rights under this Agree me nt, the pre vailing party will be e ntitled to re cover costs a nd attorneys' fe es. All noti ces under thi s Agre ement
will be i n writing a nd will be dee med to ha ve bee n duly gi ven when re cei ved , if per sonall y
delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt,
if sent by certified or registered mail, return receipt requested.
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