Software license – Sound Devices 744T User Manual

Page 88

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744T User Guide and Technical Information

82

v. 2.67

Features and specifications are subject to change. Visit www.sounddevices.com for the latest documentation.

Software License

End-user license agreement for Sound Devices 7-Series Embedded Software / Firmware

Important Read carefully: This Sound Devices, LLC end-user license agreement (“EULA”) is a legal agreement between you (either
an individual or a single entity) and Sound Devices, LLC for the Sound Devices, LLC software product identified above, which includes
computer software, embedded software, and may include associated media, printed materials, and “online” or electronic documentation
(“SOFTWARE PRODUCT”). By using, installing, or copying the SOFTWARE PRODUCT, you agree to be bound by the terms of this
EULA. If you do not agree to the terms of this EULA, do not use or install the SOFTWARE PRODUCT.

Software Product License

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws
and treaties. The SOFTWARE PRODUCT is licensed, not sold.

Grant of license. This EULA grants you the following limited, non-exclusive rights: In consideration of payment of the licensee fee, Sound
Devices, LLC, as licensor, grants to you, the licensee, a non-exclusive right to use this copy of a Sound Devices, LLC software program
(hereinafter the “SOFTWARE”) on a single product and/or computer. All rights not expressly granted to licensee are reserved to Sound
Devices, LLC.

Software ownership. As the licensee, you own the hardware on which the SOFTWARE is recorded or fixed. Sound Devices, LLC shall
retain full and complete title to the SOFTWARE and all subsequent copies of the SOFTWARE, regardless of the media or form on or in
which the original copies may exist. The license is not a sale of the original SOFTWARE.

Copyright. All rights, title, and copyrights in and to the SOFTWARE PRODUCT (including, but not limited to, any images, photographs,
animations, video, audio, music, text, and “applets” incorporated into the SOFTWARE PRODUCT) and any copies of the SOFTWARE
PRODUCT are owned by Sound Devices, LLC or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and interna-
tional treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material, except that you may
make copies as only provided below. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.

Restrictions on use. Licensee may not distribute copies of the SOFTWARE or accompanying materials to others. Licensee may not
modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the SOFTWARE or its accompa-
nying printed or written materials.

Transfer restrictions. Licensee shall not assign, rent, lease, sell, sublicense, or otherwise transfer the SOFTWARE to another party with-
out prior written consent of Sound Devices, LLC. Any party authorized by Sound Devices, LLC to receive the SOFTWARE must agree to
be bound by the terms and conditions of this agreement.

Termination. Without prejudice to any other rights, Sound Devices, LLC may terminate this EULA if you fail to comply with the terms and
conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

Limited Warranty

No warranties. Sound Devices, LLC expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and
any related documentation is provided “as is” without warranty or condition of any kind, either express or implied, including, without limita-
tion, the implied warranties and conditions of merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising
out of use or performance of the SOFTWARE PRODUCT remains with you.

No liability for damages. In no event shall Sound Devices, LLC or its suppliers be liable for any damages whatsoever (including, without
limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising
out of the use of or inability to use this Sound Devices, LLC product, even if Sound Devices, LLC has been advised of the possibility of
such damages. In any case, Sound Devices, LLC’s entire liability under any provision of this evaluation license shall be limited to the
greater of the amount actually paid by you for the SOFTWARE PRODUCT or U.S. $5.00. Because some states/jurisdictions do not allow
the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Governing Law

This agreement and limited warranty are governed by the laws of the state of Wisconsin.

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