SOFTWARE LICENSE AGREEMENT
IMPORTANT: BY ACCEPTING, INSTALLING OR USING ANY PART OF THE SOFTWARE PROVIDED
WITH OR EMBEDDED IN YOUR NEW LINE 6 PRODUCT (THE “SOFTWARE”), YOU ARE AGREEING
TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND CONSENTING TO BE
BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE
TERMS AND CONDITIONS OF THIS AGREEMENT, OR CANNOT COMPLY WITH THESE TERMS
AND CONDITIONS, DISCONTINUE THE INSTALLATION PROCESS AND YOU WILL HAVE NO
AUTHORITY TO USE THE SOFTWARE.
LINE 6’S WILLINGNESS TO GRANT THIS AGREEMENT IS EXPRESSLY CONDITIONED UPON YOUR
ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF
ALL OTHER TERMS. IF THESE TERMS ARE CONSIDERED AN OFFER BY LINE 6, ACCEPTANCE IS
EXPRESSLY LIMITED TO THESE TERMS.
TERMS AND CONDITIONS
1. GRANT OF LICENSE
SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN, LINE 6, INC., (“LINE 6”) GRANTS YOU AN INDIVIDUAL, PERSONAL,
NON-SUBLICENSABLE, NONEXCLUSIVE LICENSE TO USE ONE (1) COPY OF THE SOFTWARE, IN OBJECT CODE FORM ONLY AND ONLY IN
ACCORDANCE WITH THE APPLICABLE END USER DOCUMENTATION, IF ANY (THE “LICENSE”). YOU WILL NOT, DIRECTLY OR INDIRECTLY,
REVERSE ENGINEER, 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 ARCHIVAL PURPOSES), RENT, LEASE, DISTRIBUTE, ASSIGN, OR OTHERWISE TRANSFER RIGHTS TO THE SOFTWARE; USE THE
SOFTWARE FOR TIMESHARING OR SERVICE BUREAU PURPOSES OR OTHERWISE FOR THE BENEFIT OF A THIRD PARTY; OR REMOVE ANY
PROPRIETARY NOTICES OR LABELS ON THE SOFTWARE. AS BETWEEN THE PARTIES, YOU ACKNOWLEDGE THAT LINE 6 AND ITS LICENSORS
RETAIN OWNERSHIP OF THE SOFTWARE, ANY PORTIONS 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 AND YOU WILL CEASE TO USE AND DESTROY THE SOFTWARE. YOU MAY PERMANENTLY TRANSFER THE RIGHTS GRANTED
TO YOU UNDER THIS AGREEMENT ONLY AS PART OF A PERMANENT SALE OR TRANSFER OF THE HARDWARE DEVICE CONTAINING THE
SOFTWARE, AND ONLY IF THE RECIPIENT AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE SOFTWARE IS
PROVIDED AS IS AND SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH BELOW.
2. “BETA” VERSIONS
YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IDENTIFIED AS A “BETA” VERSION MAY CONTAIN BUGS, DEFECTS OR LIMITED
FUNCTIONALITY AND THE PRIMARY PURPOSE OF PROVIDING IT TO YOU HEREUNDER IS TO OBTAIN FEEDBACK ON THE SOFTWARE’S
PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT “BETA” VERSIONS HAVE NOT BEEN
FULLY TESTED AND MAY INCLUDE FEATURES OR FUNCTIONALITY CURRENTLY UNDER DEVELOPMENT THAT IS NOT SUPPORTED BY LINE 6
AND THAT SECTION 4 BELOW DOES NOT APPLY. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN
ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF “BETA” SOFTWARE AND/OR ACCOMPANYING MATERIALS. UPON RELEASE
BY LINE 6 OF A COMMERCIAL VERSION OF THE SOFTWARE, YOU AGREE TO RETURN OR DESTROY THE “BETA” VERSION OF SUCH SOFTWARE.
3. RESTRICTIONS
YOU WILL ONLY USE THE SOFTWARE FOR LAWFUL PURPOSES AND IN COMPLIANCE WITH ALL APPLICABLE LAWS. YOU HEREBY AGREE
TO DEFEND AND INDEMNIFY LINE 6 AGAINST ANY CLAIM OR ACTION THAT ARISES FROM YOUR USE OF THE SOFTWARE IN AN UNLAWFUL
MANNER.
4. SUPPORT
SUBJECT TO THE TERMS HEREOF, LINE 6 WILL PROVIDE YOU WITH TELEPHONE AND E-MAIL SUPPORT SERVICES FOR THE SOFTWARE.
UNDER NO CIRCUMSTANCES WILL LINE 6 HAVE ANY OBLIGATION TO PROVIDE YOU WITH HARD-COPY DOCUMENTATION, UPGRADES,
ENHANCEMENTS, MODIFICATIONS, OR TOLL FREE TELEPHONE SUPPORT FOR THE SOFTWARE.
5. TERMINATION
THIS AGREEMENT IS EFFECTIVE UNTIL TERMINATED. EITHER PARTY MAY TERMINATE THIS AGREEMENT UPON WRITTEN NOTICE TO THE
OTHER PARTY. LINE 6 MAY ALSO TERMINATE THIS AGREEMENT IMMEDIATELY, WITHOUT PRIOR NOTICE OR LIABILITY, IF YOU BREACH ANY
OF THE TERMS OR CONDITIONS OF THIS AGREEMENT. ALL SECTIONS OF THIS AGREEMENT WHICH BY THEIR NATURE SHOULD SURVIVE
TERMINATION WILL SURVIVE TERMINATION, INCLUDING, WITHOUT LIMITATION, WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY.
6. WARRANTY DISCLAIMER
THE SOFTWARE AND ANY ACCOMPANYING DOCUMENTATION IS PROVIDED ON AN “AS IS” “AS
AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND TO THE EXTENT AUTHORIZED BY LAW.
LINE 6 DISCLAIMS ANY AND ALL WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGE-
MENT. LINE 6 AND ITS LICENSORS ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING,
WITHOUT LIMITATION, LOSS OF DATA AND ITEMS OR MATERIALS FROM ERRORS OR OTHER MALFUNCTIONS WHETHER
CAUSED BY LINE 6 OR BY YOUR OWN ERRORS OR OMISSIONS. LINE 6 DOES NOT WARRANT THAT THE SOFTWARE WILL
MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR
THAT DEFECTS WILL BE CORRECTED. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR
INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE SOFTWARE. YOU SHALL BEAR THE ENTIRE
RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SOFTWARE.
7. LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT OR OTHERWISE, LINE 6 WILL NOT BE LIABLE WITH RESPECT TO THE
SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHER LEGAL
OR EQUITABLE THEORY FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND TO THE EXTENT
AUTHORIZED BY LAW. IN NO EVENT WILL LINE 6 BE OBLIGATED, CONTRACTUALLY OR OTHERWISE, TO INDEMNIFY YOU FOR ANY LOSSES
THAT YOU MAY INCUR IN CONNECTION WITH THE SOFTWARE. THE AVAILABILITY OF “BETA” VERSIONS OF THE SOFTWARE DOES NOT CREATE
ANY OBLIGATION FOR LINE 6 TO CONTINUE TO DEVELOP, SUPPORT, REPAIR, OFFER FOR SALE OR IN ANY OTHER WAY CONTINUE TO PROVIDE
THE SOFTWARE IN “BETA” FORM OR FUTURE VERSIONS THEREOF.
8. 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 “RESTRICTED 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.
9. MISCELLANEOUS
THE FAILURE OF EITHER PARTY TO EXERCISE IN ANY RESPECT ANY RIGHT PROVIDED FOR HEREIN WILL NOT BE DEEMED A WAIVER OF ANY
FURTHER RIGHTS HEREUNDER. IF ANY PROVISION OF THIS AGREEMENT IS FOUND TO BE UNENFORCEABLE OR INVALID, THAT PROVISION
WILL BE LIMITED OR ELIMINATED TO THE MINIMUM EXTENT NECESSARY SO THAT THIS AGREEMENT WILL OTHERWISE REMAIN IN FULL FORCE
AND EFFECT AND ENFORCEABLE. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE
STATE OF CALIFORNIA WITHOUT REGARD TO THE CONFLICT OF LAWS PROVISIONS THEREOF. BOTH PARTIES AGREE THAT THIS AGREEMENT
IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE MUTUAL UNDERSTANDING OF THE PARTIES AND SUPERSEDES AND CANCELS ALL
PREVIOUS WRITTEN AND ORAL AGREEMENTS, COMMUNICATIONS AND OTHER UNDERSTANDINGS RELATING TO THE SUBJECT MATTER OF THIS
AGREEMENT, AND THAT ALL MODIFICATIONS MUST BE IN A WRITING SIGNED BY BOTH PARTIES, EXCEPT AS OTHERWISE PROVIDED HEREIN.
NO AGENCY, PARTNERSHIP, JOINT VENTURE, OR EMPLOYMENT IS CREATED AS A RESULT OF THIS AGREEMENT AND YOU DO NOT HAVE ANY
AUTHORITY OF ANY KIND TO BIND LINE 6 IN ANY RESPECT WHATSOEVER. ALL NOTICES UNDER THIS AGREEMENT WILL BE IN WRITING AND
WILL BE DEEMED TO HAVE BEEN DULY GIVEN WHEN RECEIVED, IF PERSONALLY DELIVERED; 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.
