End user license agreement, Universal audio, inc. end user license agreement – Universal Audio UAD POWERED PLUG-INS ver.6.1 User Manual

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Universal Audio, Inc.
End User License Agreement

By installing the software, you confirm your acceptance of the Universal Audio
and third-party End User License Agreements, as well as the Universal Audio
terms of service and privacy policy, all of which can be found at:
http://www.uaudio.com/eula
This Agreement is between Universal Audio, Inc., and you. IMPORTANT -
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE
INSTALLING THIS SOFTWARE. By using the Universal Audio software
("Universal Audio Software"), you accept these terms. The Universal Audio
Software may be distributed with software or components from third-parties
("Third-party Software") that are subject to different terms which can be found
at: http://www.uaudio.com/eula, and also the provisions of Section 11 below.
If you do not accept these terms, do not use the software provided with this
installation. Instead, return the Universal Audio Software or Third-Party
Software to the reseller for a refund or credit. If you cannot obtain a refund from
the reseller, or if you purchased your software license directly from Universal
Audio, Inc. ("Universal Audio"), contact Universal Audio for information
about Universal Audio's refund policies. Please visit the Web sites listed at the
end of this document for contact details.
This Universal Audio End-User License Agreement ("Agreement") is a legal
agreement between you (either an individual or a single entity), as an end-user,
and Universal Audio for the Universal Audio Software accompanying this
Agreement, which includes computer software, updates and any bug fixes
subsequently delivered and associated media, printed materials and "online" or
electronic documentation, The Universal Audio Software is licensed, not sold,
by Universal Audio to the original end user for use only on the terms set forth
here.
1. Limited Use License. Universal Audio, as Licensor, grants you, as Licensee, a
non-exclusive license to use the Software with a single computer unit at a single
location.
2. Title. The Software is owned by Universal Audio or its suppliers and is
protected by copyright laws and international treaty provisions, as well as other
intellectual property laws and treaties. Universal Audio retains title to and
ownership of the Software and all copies thereof in any form. Universal Audio
retains all rights in the Software not specifically granted to the Licensee. This
Agreement only gives you certain rights to use the Software and related
documentation, which may be revoked if you do not follow these terms.
3. Limited Rights to Install and Use the Software
(i) Permitted use and restrictions. You may install the Software into the memory
of a single computer, but may not electronically transfer the Software to
someone else's computer or operate it in a time-sharing or service-bureau
operation. Additionally, you may only use the Software on a computer that
contains a maximum of eight (8) UAD cards, specifically four UAD-1 cards and
four UAD-2 cards. The sole exception is that, if you are a licensee of the UAD-
2 Solo/Laptop card or UAD-2 Satellite, you may link the card to an existing
computer previously registered.
(ii) Reverse engineering and copying limitations. You may make one copy of the
Software for backup purposes only (and replacement backup copies in the event
of loss of or damage to a backup copy), provided you include all copyright
notices contained on the original media on the backup copy. You may not
modify, translate, adapt, reverse engineer, decompile, create other works from,
or disassemble the Software or any portions thereof (except and to the extent
that applicable law expressly permits reverse engineering, decompilation or
disassembly). Similarly, you may not copy, modify, adapt, transfer, or create
other works based upon the printed materials and "online" or electronic
documentation accompanying or published for use with the Software (the
"Documentation").
(iii) Technical limitations. The Software may include technological measures,
whether in the Software or in bundled hardware or both, that are designed to
prevent or detect unlicensed use of the Software. Circumvention of these
technological measures is prohibited, except and only to the extent that
applicable law expressly permits, despite this limitation. Any attempt to
circumvent technical limitations may render the Software or certain features
unusable or unstable, and may prevent you from updating or upgrading the
Software.
(iv) No reconfiguration. The Software is licensed for installation and use only
in the manner it was provided to you, as configured by an automated
installation program provided with the Software, or as described in Universal
Audio's documentation. You may not separate the components contained in
the Software or otherwise reconfigure the Software to circumvent technical
limitations on the use of the Software or to otherwise exceed the scope of your
license.

4. Export, Renting and Transfer Restrictions. You may not export, convey, rent,
sublicense, or otherwise distribute the Software or any rights therein to any
person or entity. You may, however, transfer the Software license but only
under the following limited terms and conditions.
(i) Eligible transferees: You may transfer the license to a transferee:
(a) for whom you have provided registration details (your name, hardware
ID(s), user e-mail ID, buyer's name and buyer's e-mail address) to Universal
Audio at [email protected] in advance of such transfer; and (b) who has agreed
to be bound by the terms of this license by registering with Universal Audio at
my.uaudio.com and confirming such agreement during installation of the
Software. Any such permitted transferee may not subsequently transfer this
license and the limited 90 day warranty set forth in Section 5 shall expire upon
such permitted transfer.
(ii) Eligible products: the Software may only be transferred in connection with
up to four (4) UAD-1 cards and four (4) UAD-2 cards per user account. Special
exceptions may arise where the use of more than eight (8) UAD cards is
required. These cases are generally related to areas of education and multi-room
facilities, and require advanced approval if requesting to sell or transfer over the
allotted (8) cards per account. If you have questions or are seeking an exception,
please contact customer support.
5. Limited Warranty. Universal Audio grants solely to you a limited warranty
for a period of ninety (90) days from the original purchase date that the media
on which the Software is distributed shall be substantially free from material
defects. Your exclusive remedy, at Universal Audio's option, is to return and
have replaced the inaccurate media containing the Software programs or receive
a refund of the price paid within the warranty period. UNIVERSAL AUDIO
DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR
REQUIREMENTS OR THAT ITS OPERATION WILL BE
UNINTERRUPTED OR ERROR-FREE. EXCEPT AS SPECIFIED
HEREIN, UNIVERSAL AUDIO MAKES NO WARRANTIES OR
REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE
SOFTWARE, DOCUMENTATION, OR MEDIA, AND HEREBY
EXPRESSLY DISCLAIMS THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
FURTHERMORE, UNIVERSAL AUDIO DOES NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE SOFTWARE OR DOCUMENTATION
IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY UNIVERSAL AUDIO OR A UNIVERSAL AUDIO-
AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY
OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
EXCEPT AS SPECIFIED HEREIN, SHOULD THE SOFTWARE PROVE
DEFECTIVE, YOU (AND NOT UNIVERSAL AUDIO OR A UNIVERSAL
AUDIO-AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.
6. Limitation of Liability. UNIVERSAL AUDIO SHALL HAVE NO
LIABILITY TO YOU OR ANY THIRD PARTY, WHETHER IN
CONTRACT, TORT, NEGLIGENCE OR PRODUCTS LIABILITY, 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 DAMAGES OF ANY KIND OR
NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION
WITH THE USE OF OR INABILITY TO USE THE SOFTWARE OR
DOCUMENTATION, OR THE PERFORMANCE OR OPERATION OF
THE SOFTWARE, EVEN IF Universal Audio HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR
LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL
UNIVERSAL AUDIO'S TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE
EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.
(EULA continued next page)

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