Universal Audio Apollo Twin - Manual (Page 42)

Apollo Twin Hardware Manual Chapter 5: Notices 42
OF THE SOFTWARE OR PROVIDE SUPPORT WITH RESPECT TO ANY VERSION THEREOF FOR ANY PARTICULAR PERIOD
OF TIME. FURTHERMORE, NEITHER UA NOR ANY UA LICENSOR, AUTHORIZED UA DISTRIBUTOR OR AUTHORIZED UA
RESELLER WARRANTS OR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF
THE LICENSED MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL
OR WRITTEN INFORMATION OR ADVICE GIVEN BY UA OR ANYONE PURPORTING TO SPEAK ON BEHALF OF UA SHALL
CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. EXCEPT AS EXPRESSLY SET FORTH IN
THIS AGREEMENT, (X) SHOULD THE LICENSED MATERIALS PROVE DEFECTIVE, CUSTOMER (AND NOT UA NOR ANY UA
LICENSOR, AUTHORIZED UA DISTRIBUTOR OR AUTHORIZED UA RESELLER) SHALL ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION AND (Y) IN NO EVENT SHALL CUSTOMER BE ENTITLED TO EXCHANGE
THE LICENSED MATERIALS FOR OTHER SOFTWARE OR BE ENTITLED TO A REFUND OF ANY PORTION OF THE FEE
PAID FOR THE LICENSED MATERIALS. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS.
CUSTOMER MAY HAVE ADDITIONAL WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. UA
DOES NOT SEEK TO LIMIT CUSTOMER’S WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. SEE SECTION 13
FOR JURISDICTION-SPECIFIC PROVISIONS. The provisions of this Section 6 will survive the termination of this Agreement,
howsoever caused, but this will not imply or create any continued right to use the Licensed Materials after such termination.
7.
Limitation of Liability. NEITHER UA NOR ANY UA LICENSOR, AUTHORIZED UA DISTRIBUTOR OR AUTHORIZED
UA RESELLER SHALL BE LIABLE TO CUSTOMER, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR PRODUCTS LIABIL-
ITY, 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 DAM-
AGES OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY
TO USE THE LICENSED MATERIALS, OR THE PERFORMANCE OR OPERATION OF THE LICENSED MATERIALS, EVEN IF
UA OR THE UA LICENSOR,AUTHORIZED UA DISTRIBUTOR OR AUTHORIZED UA RESELLER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL UA OR A UA LICENSOR,AUTHORIZED UA DISTRIBUTOR’S OR
AUTHORIZED UA RESELLER’S TOTAL LIABILITY TO CUSTOMER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY CUSTOMER
FOR THE APPLICABLE LICENSED MATERIALS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT
PERMITTED BY APPLICABLE LAW IN CUSTOMER’S JURISDICTION. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN
SOME JURISDICTIONS. CUSTOMER MAY HAVE RIGHTS THAT CANNOT BE WAIVED UNDER CONSUMER PROTECTION AND
OTHER LAWS. UA DOES NOT SEEK TO LIMIT ITS WARRANTY OR REMEDIES TO THE EXTENT NOT PERMITTED BY LAW.
SEE SECTION 13 FOR JURISDICTION-SPECIFIC STATEMENTS. The provisions of this Section 7 will survive the termination of
this Agreement, howsoever, caused, but this will not imply or create any continue right to use the Licensed Materials after such
termination.
8.
Connection of Licensed Material to UA of Third Party Domain; Privacy Policy.
(a) Connection. From time to time during the Term of this Agreement, Customer may wish to connect with a UA
or a third party Internet domain address (“Domain”) via the Licensed Materials. In addition, the Licensed Materials may cause
Customer’s computer, without notice, to automatically connect to a Domain for a variety of purposes, including without limita-
tion, the purposes set forth in this Section 8(a).
(i) Activation; License Validation. Before Customer can register any UAD Hardware Device, Customer
will be required to create a user account with UA (the “User Account”), a process that results in the transmission of certain
information about the Customer (including without limitation, the Customer’s email address, zip code and country of residence
and other general information (such as the type of DAW the Customer uses) to a UA Domain. And, if the Customer wishes to li-
cense Plug-Ins from the Online Store, the Customer will be required to provide additional information (including without limita-
tion, the Customer’s address and credit card information). In addition, the Licensed Materials may cause Customer’s computer
to connect to a UA Domain without notice on install, on launch, and on a regular or intermittent basis thereafter to detect or
prevent fraudulent or unauthorized use of the Licensed Materials and to report on the extent of DSP usage among other things.
Failure to activate or register the Licensed Materials or a determination by UA of fraudulent or unauthorized use of the Licensed
Materials may result in reduced functionality or inoperability of the Licensed Materials and/or termination of the license.
(ii) Bug Reporting. The Licensed Materials may cause Customer’s computer, without notice, to auto-
matically connect to a UA Domain to report an error in the functioning of the Licensed Materials.
(iii) Updating. The Licensed Materials may cause Customer’s computer, without notice, to automatically
connect to a UA Domain (intermittently or on a regular basis) to: (a) check for Updates that are available for download to and
installation on the computer and (b) notify UA of the results of installation attempts.
(iv) Delivery of Content. The Licensed Materials may cause Customer’s computer to connect to a UA
Domain so that UA can deliver content about the Licensed Materials and/or other UA products and services.
(v) Use of Online Services. The Licensed Materials may cause Customer’s computer, without notice and
on an intermittent or regular basis, to automatically connect to a UA Domain or third party Domain to facilitate Customer’s ac-
cess to content and services that are provided by UA or such third party as further described in Section 13(d) (Online Services
Provided by UA) and Section 13(e) (Online Services Provided by Third Parties). In addition, the Licensed Materials may, with-
out notice, automatically connect to the Internet to update downloadable materials from these online services so as to provide