Drawmer Tourbuss for Digidesign Venue - Manual (Page 2)

2 License Agreement
COPYRIGHT
This manual is copyrighted © 2005 by Drawmer Electronics, Ltd.
With all rights reserved. Under copyright laws, this manual may
not be duplicated in whole or in part without the written consent
of Drawmer.
ONE YEAR LIMITED WARRANTY
Drawmer Electronics Ltd., warrants the Drawmer TourBuss Plug-
In for the Digidesign Venue console to conform substantially to
the specifications of this manual for a period of one year from the
original date of purchase when used in accordance with the
specifications detailed in this manual. In the case of a valid
warranty claim, your sole and exclusive remedy and Drawmer’s
entire liability under any theory of liability will be to, at Drawmer’s
discretion, repair or replace the product without charge, or, if not
possible, to refund the purchase price to you. This warranty is not
transferable, it applies only to the original purchaser of the prod-
uct. For warranty service please call Digidesign, Inc. on
650.731.6300. Ship the defective product, with transportation
and insurance charges prepaid, to Digidesign, a division of Avid
Technology, Inc. 2001 Junipero Serra Blvd, Daly City, CA 94014-
3886, USA. Write the RA number in large letters in a visible and
prominent position on the shipping box. Enclose your name,
address, telephone number, copy of the original sales invoice
and a detailed description of the problem. Drawmer will not
accept responsibility for loss or damage during transit.
This warranty is void if the product has been damaged by misuse,
modification, copying or reverse engineering.
Terms and Conditions
NOTICE TO END USERS:
CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT
PRIOR TO USING THE SOFTWARE PROVIDED WITH THE
AGREEMENT. USE OF THE SOFTWARE CONSTITUTES YOUR
ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO
THE TERMS OF THE AGREEMENT, PROMPTLY RETURN THE
SOFTWARE, THE ACCOMPANYING ITEMS, ALL WRITTEN
MATERIALS AND CONTAINERS, TO THE LOCATION WHERE
YOU OBTAINED THEM FOR A REFUND.
1. License Grant. Drawmer Electronics Ltd grants to you (either
as an individual or entity) a personal, non-transferable, and
non-exclusive right to use the copy of the object code version of
the Software provided with this license. You agree you will not
copy the materials accompanying the Software.
2. Copyright. You acknowledge that no title to the intellectual
property in the Software is transferred to you. You further
acknowledge that title and full ownership rights to the Software
will remain the exclusive property of DRAWMER or its suppliers,
and you will not acquire any rights to the Software except as
expressly set forth above. You agree that any copies of the
Software will contain the same proprietary notices which appear
on and in the Software.
3. Reverse Engineering. You agree that you will not attempt,
and if you are a corporation, you will use your best efforts to
prevent your employees and contractors from attempting to reverse
compile, modify, translate, disassemble or otherwise modify the
Software in whole or in part.
4. Limited Warranty. DRAWMER warrants that the Software will
perform substantially in accordance with the accompanying
documentation and that the documentation and the cd-rom are
free from any physical defects for a period of ninety (90) days
from the date of purchase (“Limited Warranty”).
5. Customer Remedies. DRAWMER’s entire liability and your
sole and exclusive remedy shall be, at DRAWMER’s option, either
to (a) correct the error, (b) help you to work around or avoid the
error or, (c) authorise a refund, so long as the Software,
documentation, accompanying hardware and cd’s are returned
to DRAWMER with a copy of your receipts. This Limited Warranty
is void if failure of the Software has resulted from accident, abuse,
or misapplication. Any replacement Software will be warranted
for the remainder of the original warranty period.
6. No Other Warranties. DRAWMER does not warrant that the
drawmer software is error free. DRAWMER disclaim all other
warranties, either express or implied, including but not limited to
implied warranties of merchantability, fitness for a particular
purpose, and non infringement of third party rights with respect to
the software, the accompanying documentation or disks. Some
jurisdictions do not allow the exclusion of implied warranties or
incidental or consequential damages, so the above limitations
or exclusions may not apply to you. This warranty gives you
specific legal rights and you may also have other rights which
vary in different jurisdictions.
This warranty is in lieu of all warranties, whether oral or written,
expressed, implied or statutory. Drawmer makes no other
warranty either express or implied, including, without
limitation, any implied warranties of merchantability, fitness
for a particular purpose, or non-infringement. Purchaser’s sole
and exclusive remedy under this warranty shall be repair or
replacement as specified herein.
In no event will Drawmer Electronics Ltd. be liable for any
direct, indirect, special, incidental or consequential damages
resulting from any defect in the product, including lost profits,
damage to property, and, to the extent permitted by law, damage
for personal injury, even if Drawmer has been advised of the
possibility of such damages.
Certain countries and states do not allow the exclusion of implied
warranties or limitations on how long an implied warranty may
last, so the above limitations may not apply to you. This warranty
gives you specific legal rights. You may have rights that vary in
each state, and country.
REGISTERED USER CUSTOMER SUPPORT
Digidesign will provide telephone support to registered users for
a period of one (1) year from the date of original purchase. For
customer support please call the nearest Digidesign dealer.
Digidesign’s customer support team have extensive knowledge
of this Plug-In, they should be your first line of approach. They
have expert knowledge if the problem is interrelated with the
console, or Venue software itself. For specific questions on the
functioning of Dynamics processing, additional support can be
obtained by e-mailing Drawmer. Drawmer cannot answer questions
regarding Pro Tools / Venue software, the Venue console or
peripherals.
7. Terms. This Agreement is effective until terminated. You may
terminate this Agreement at any time by destroying the Software
together with any copies in any form. DRAWMER may terminate
this Agreement if you fail to comply with any term or condition
herein.
8. Severability: In the event of invalidity of any provision of this
Agreement, the parties agree that such invalidity shall not affect
the validity of the remaining portions of this Agreement.
9. No Liability for Consequential Damages. In no event shall
DRAWMER be liable to you for any consequential, special,
incidental or indirect damages of any kind arising out of the use
of the drawmer software, even if Drawmer has been advised of
the possibility of such damages. In no event will DRAWMER’s
liability or any claim, whether in contract, tort or any theory of
liability, exceed the license fee paid by you.
10a. Export. You agree that you will not export or re-export the
Software without the appropriate United States, UK or foreign
government licenses.
10b. Re-Exporting. Re-exporting of the Software may be
controlled by UK and/or US government regulations. Appropriate
Licenses must be obtained by the Purchaser where such controls
apply.
11. Governing Law. This Agreement will be governed by the
laws of the State of California as they are applied to agreements
between California residents entered into and to be performed
entirely within California. The United Nations Convention on
Contracts for the International Sale of Goods is specifically
disclaimed.
12. Entire Agreement. This is the entire Agreement between you
and DRAWMER which supersedes any prior agreement, whether
written or oral, relating to the subject matter of this Agreement.
US GOVERNMENT RESTRICTED RIGHTS
If this product is acquired under the terms of a: DOD contract :
Use, duplication or disclosure by the Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii) of 252.227_19(a)
through (d) and restrictions set forth in the accompanying end
user agreement. Unpublished-rights reserved under the copyright
laws of the United States.
Should you have any questions concerning this Agreement, or if you
desire to contact DRAWMER for any reason, please write:
Drawmer Electronics Ltd, Coleman Street, Parkgate, Rotherham,
South Yorkshire, England, S62 6EL.
or contact Digidesign at:
Digidesign, a division of Avid Technology, Inc.
2001 Junipero Serra Blvd, Daly City, CA 94014-3886, USA
or find support at : www.digidesign.com/aboutus/contact/
Drawmer is a registered trademark of Drawmer Electronics Ltd.
This manual C Drawmer Electronics Ltd 200 5 . All rights reserved.
DRAWMER ELECTRONICS Ltd - End User License Agreement