Universal Audio Apollo Twin - Manual (Page 44)

Apollo Twin Hardware Manual Chapter 5: Notices 44
(b) Australia Mandatory Notice Regarding Warranties. If Customer obtains the Licensed Materials in
Australia, then the following provision shall apply, notwithstanding anything stated to the contrary in this Agreement:
“NOTICE TO CONSUMERS IN AUSTRALIA:
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a
replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.
You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure
does not amount to a major failure. Our software products also come with a 90-day limited warranty given by Univer-
sal Audio, Inc., with an address of 4585 Scotts Valley Drive, Scotts Valley, CA 95066 as set out in the Agreement. If
your products do not provide the general features and functions described in the User Documentation in the 90-day
period after delivery to you, please call the UA Customer Support Department at (877) 698-2834 with details of your
product, serial number, and proof of purchase. You may be required to return the software product to the address we
provide to you at the time, in which case such return will be at your own cost. The benefits under this warranty are in
addition to other rights and remedies that you may have at law.”
(c) European Economic Area Warranties.
(i) If Customer obtained the Licensed Materials in the European Economic Area (EEA), Cus-
tomer usually resides in the EEA and Customer is a consumer (that is its use of the Licensed Materials is for personal,
non≠business related purposes), then Section 6 (Limited Warranty) does not apply to Customer’s license and use of the
Licensed Materials. Instead, UA warrants for a period of 2 years from installation that the Licensed Materials pro-
vides the functionalities set forth in the applicable user manual (the “agreed upon functionalities”) when used on the
applicable UA Hardware Device. Non-substantial variation from the agreed upon functionalities will not establish any
warranty rights. THIS WARRANTY DOES NOT APPLY TO NOT-FOR-RESALE COPIES OF ANY SOFTWARE OR TO THE
EXTENT THE SOFTWARE FAILS TO PERFORM BECAUSE IT HAS BEEN ALTERED BY CUSTOMER. To make a war-
ranty claim, Customer must notify the UA Customer Support Department during this 2 year period, providing details of
proof of purchase of the Licensed Materials.UA will verify with Customer whether there is a defect in the Licensed Ma-
terials or advise Customer that the error arises because Customer has not installed or used the Licensed Materials cor-
rectly (in which case, UA shall assist Customer). If there is a defect in the Licensed Materials, Customer may request
from UA either a refund or a repaired or replacement copy of the Licensed Materials. Requests must be accompanied
by proof of purchase. In the event Customer’s warranty details are substantiated, UA will meet Customer’s request for
repaired or replacement Licensed Materials, unless it is not reasonable for UA to do so, in which case UA will provide
Customer with a refund. For warranty assistance, please contact the UA Customer Support Department.
(ii) Please note that the provisions of Section 7 (Limitation of Liability) will continue to apply
to any damage claims Customer makes in respect of its use of the Licensed Materials. Nonetheless, UA shall be liable
for direct losses that are reasonably foreseeable in the event of a breach by UA of this Agreement. Customer is advised
to take all reasonable measures to avoid and reduce damages.
(iii) This Agreement, and in particular this Section 13(c), is intended to describe Customer’s
rights (including its statutory rights) in the event there should be problems with its use of the Licensed Materials. If
Customer’s statutory rights are greater than this description, its statutory rights shall apply.
(d) Online Services Provided by UA. The Licensed Materials facilitate Customer’s access to content and
various services that are hosted on websites maintained by UA (“UA Online Services”). Examples of such UA Online
Services might include, but are not limited to: the “Downloads”, “Online Store”, “Support” and “Product” web pages.
In some cases, a UA Online Service might appear as a feature or extension within the Licensed Materials even though
it is hosted on a website. Access to a UA Online Service may require Customer to activate the Licensed Materials, ob-
tain a UA ID, consent to Additional Terms of Use, or require a separate fee in order to access such UA Online Services.
UA Online Services might not be available in all languages or to residents of all countries and UA may, at any time and
for any reason, modify or discontinue the availability of any UA Online Service. UA also reserves the right to begin
charging a fee for access to or use of a UA Online Service that was previously offered at no charge. Section 8 states
important information regarding Internet connectivity and Customer privacy. As stated in Section 8, when the Licensed
Materials access a UA Online Service, Customer’s use of such UA Online Service is governed by the UA Privacy Policy
at http://www.uaudio.com/privacy.html, by the uaudio.com Terms of Use at http://www.uaudio.com/terms.html and by
any Additional Terms of Use that might be presented to Customer at that time.
(e) Online Services Provided by Third Parties. The Licensed Materials may facilitate Customer’s access
to websites maintained by third parties offering goods, information, software, and services (“Third Party Online Ser-
vices”). Examples of such Third Party Online Services might include, but are not limited to, the YouTube, Soundcloud,
Facebook and Paypal services. Customer’s access to and use of any Third Party Online Services is governed by the
terms, conditions, disclaimers, and notices found on such site or otherwise associated with such Third Party Online
Services. UA does not control, endorse, or accept responsibility for Third Party Online Services. Any dealings between
Customer and any third party in connection with a Third Party Online Service, including such party’s privacy policies
and use of Customer’s personal information, delivery of and payment for goods and services, and any other terms,
conditions, warranties, or representations associated with such dealings, are solely between Customer and such third