13
Lice nces
The follow ing are the licens e agreement s applic able to the
MidasDigi talEquipment .
End- User Lice nce Agreeme nt for Mid as ™ an d
KlarkT ek nik™ Sof twar e
◊ IMPORTA NT - Please r ead thi s docum ent ca ref ully be fore us ing this
Midas™ or Klar k T ek nik™ Prod uc t. This is a n agree ment govern ing your
use of s of tw are or othe r machin e inst ruc tion s alread y inst alled on t his
Midas™ or Klar k T ek nik™ Prod uc t, as well as othe r sof t ware tha t we
provi de for in stall ation on t his Pro duc t. The Mid as ™ or Kla rk T ek nik™
Produc t will not op erate in accordance with its documentation
without this sof tware.
THIS AGREEMENT (" AGREEMENT" OR "LICENCE") ST ATES THE TERMS AND
CONDITIONS UPON WHICH MIDAS KLARK TEKNIK LIMITED ("COMP ANY ")
OFFERSTO LICENSE THE INST ALLED FIRMW ARE, SOF T W ARE AND/OR PROGRAMS
("th e SOFT WARE ") WITH THE MIDAS™ OR KL ARK TEKNIK™ CONSOLE OR SIGNAL
PROCESSING PRODUC T ("PRODUCT") IN WHICH IT HA S BEEN INST ALLED BY ,
ORFOR WHICH IT IS PROVIDED BY , THE COMP ANY . BY USING THIS PRODUCT YOU
WILL BE AGREEING T O BECOME BOUND BY THE TERMS O F THIS LICENCE. IF YOU
DO NOT AGREE TO THE TERMS OF THIS LICENCE, DO NOT USE THIS PRODUCT AND
PROMPTL Y RE TURN THE PRODUCT TO THE PL ACE WHERE Y OU OBTAINED IT FOR
A FULL REFUND . You agree to notif y any pe rsons w hom you per mit to operate
this Prod uct o f the terms of t his Licence, and to require t hem to comply wi th
thes eterms.
The Sof t ware i s licensed, not so ld, to you for use onl y under the ter ms of this
Licence, and the Company re ser ves all right s not ex pressly g ranted to you.
TheCompany re tains owner ship of all copie s of the Sof tware i tsel f , and all
propr ietar y par t s of it, inc luding thos e store d on or in the Pro duc t.
1. Licence : Subject to t he terms and con ditions of th is agreement ,
theCompany gr ants you, and othe r pers ons you perm it to operate th e
Produc t, a pe rsonal, limite d, non- exclusive, non-tr ansfer able licence to use
the Sof t ware o nly on the singl e Produc t unit in wh ich it has be en installe d.
2. Restric tions : ( a) The Sof t ware, and the acco mpanying wr it ten materials,
are copyr ighted and cont ain trade s ecret s and othe r propri etar y mat ter ,
includin g condential inf ormatio n relating to the sp ecic ations and
per for mance charac teris tic s of this Pro duct . Save for such elem ents as
may be licensed to t he Company , as d escr ibed in pa ragraph 5, all right s
to copyrig hts, tra de mark s and trade s ecre ts in th e Sof t ware, or any
modic ations to it , are owned by th e Company . Unaut horise d use or copyi ng
of the Comp any’ s propr ietar y So f twar e, or any por tion there of, or copying
of thos e writ ten materials, is p rohibited . (b ) You may not create, market,
dist ribute, or tr ansfer co pies of the Comp any’s propriet ar y Sof t ware, or
any par t of it, to othe rs, or duplic ate, rent, lease o r loan that Sof t ware, or
any par t of it, except t hat you may transf er that Sof t ware ins talled i n this
Produc t in conjunc ti on with th e sale, trans fer , lo an, rent or lease of t his
Produc t, and subj ec t at all times to this L icence. Y O U MA Y NOT REV ERSE
ENGINEER, DECOMPILE, DISASSEMBLE, EX TRACT OR SEPARA TE OUT , MOD IFY ,
ADAPT , P ORT , OR TR ANSLA TE THE SOF T W ARE, D ERIVE THE SOURCE CODE OF
THE SOF TWARE OR CREA TE DERIVA TIVE WORKS BA SED ON THE SOFT WARE
OR ANY AC COMP ANYING WRIT TEN MA TERIAL S, save as is allowed by licences
per tainin g to component pa rt s of the S of tw are which are licen sed by third
par ties, as d escr ibed unde r paragrap h 5 , or other wis e by law . (c ) In t he
event you violate any term o f this Licence, all right s granted he rein will
automatic ally and immediatel y terminate and you mus t stop usi ng the
Sof t ware and de str oy any copies of the So f twa re.
3. Limited Warran t y: Subjec t to your in stallation o f any Sof t ware updates
issued by th e Company as desc ribe d herein, and the cond ition below,
theCompany war rants t hat the Sof t ware w ill operate in comp liance
with th e Sof t ware’s material speci cations an d document ation fo r a
perio d of 90 days f rom your purc hase of this Pr oduc t. The Sof tware is
provide d "asis " and the Company do es not war rant that the op eration
of the So f twar e will meet you r requirem ents or op erate fr ee fr om erro r .
T o th e greatest e x tent permis sible by law , the Comp any DISCLAIMS ALL
W ARR ANTIES AND CONDITIONS, EITHEREXPRE SS OR IMPLIED , INCLUDINGTHE
W ARR ANTIES OF MERCHANTABILITY , FITNESS FOR A PARTICULAR PURPOSE,
NON- INFRINGEMENT OF THIRD P ART Y RIGHTS OR C AP ABILIT Y OF CORREC TL Y
PROCESSING PROVIDING AND /OR RECEIVING DA TE INFORM A TION.
Y ouund ers tand that the Com pany may update or revis e the Sof t ware
but in so d oing incur s no obligat ion to fur nish such update s to you.
However ,theComp any may in its dis cretio n make updates available f rom
time to time u pon such ter ms and conditi ons as it shall deter mine. It is a
conditio n of the above war rant y that you inst all any such Sof t ware up dates,
as may be issue d from t ime to time by the Comp any for the Sof tware,
inaccordance wit h the Company ’ s ins truc tio ns, and if you do not do s o such
warran ty wi ll cease to apply. Y oumay view cur rent Sof t ware u pdates at
http:/ /klark teknik.com and http:/ /midascon soles.com.
4. Limited Liability : THE ENT IRE RISK ARI SING OUT OF YOUR US E OR
PERFORMANCE OF T HE SOFT WA R E REMAINS WITH YOU . T HE LIABILITY
OF THE COMP ANY FOR ANY CL AIMS ARISING OUT OF THIS LICENCE AND/
OR BASED UPON THE SOF T W ARE, REG ARDLESS OF THE FOR M OF ACTION,
ANDINCLUDING W ORK STOPP AGE, PRODUC T F AILURE OF MALFUNC TION OR
ANY OTHER COMMERCI AL LOSS OR D A MAGE, SHALL NOT EXCEED THE C OS T
OF THE LICENCE FEE FOR THE SOF TWARE OR THE COST OF THIS PRODUCT .
SUBJECTTO THE PROVISIONS OF APPLICABLE L A W , IN NO EVENT SHALL THE
COMP ANY BE LIABLE FOR ANY LOSS OF DA T A, LOST OPPORTUNIT Y OR PROFITS,
COST OF CO VER OR SPECIAL, INCIDENT AL, CONSEQUENTIAL, OR INDIRECT
DAMAGES, EVEN IF YOU AD V ISE THE C OMPANY OF THE POSSIBILITY OF SUCH
DAMAGES. THIS IS A FUND AMENTAL TERM OF THIS A GR EEMENT AND Y OU
ACKNOWLEDGE THA T THE AMOUNT YOU P AID FO R THE SOFT WARE AN D/
OR THE PRODUC T REFLECTS THIS ALLOC A TION OF RISK. NOTHING IN THIS
P AR AGRAPH PURPORTS TO EXCLUDE OR LIMIT THE COMP ANY’S LIABILIT Y
FOR DE A TH OR PERSONAL IN JURY CAUS ED BY NEGLIGENCE OR ANY OTHER
LIABILITY WHICH C ANNOT BE EXCLUDED OR LIMITED BY LAW .
5. Other Third-Party Computer Programs : As refer red to her ein, the term
"Sof t ware" refe rs only to p roprie tar y Midas™ or Klark T e knik™ sof t ware,
owned by th e Company , that ha s been provi ded to you for in stallation o n,
or already in stalle d in, a Produc t. In addit ion to the Sof t ware, you may
have also been prov ided, at no addi tional charg e, with a version o f the
widely-availab le GNU Linux Op erating System, whic h is a modular op erating
system made up of hundreds of individual soft ware components, each of
which was w rit ten, and the copyr ight and othe r right s in which are own ed
indivi dually , by var ious par tie s ( colle ct ively , " the GNU Linu x Program s") .
Each comp onent has it s own applic able end us er licence agreem ent,
andmany of thes e agreement s per mit you to copy , m odif y, and redist ribute
the applic able sof tware, but yo u must revi ew the on- line docum entation
that shares a di rec tor y or other wis e accompanies eac h of the GNU Linu x
Progr ams provide d to you for the spe cic ter ms and conditi ons. Nothing in
this Licence limit s your ri ghts unde r , or gran ts you rig hts that sup erse de,
the term s of any other applic able end use r licence agreemen t. If you wish
to receive a comp uter-readable copy of the s ource code f or any of the GNU
Linux Pro grams that have been p rovided w ith your Midas™ or Klark Teknik™
Produc t, se nd a cheque o r money orde r ( no c ash accepted), your addres s and
[ £1 0.00] to cover the cost o f optical m edia, pos tage and handlin g, to:
MUSIC Group Resear ch UK Limited
A T TN: Linux Pro grams CD for Mi das ™ /K lark T ek nik™
Walt er Nash Road, Kidderminster . Worcestershire.
DY 1 1 7HJ. England .