Terms and conditions, Operator’s manual – Drawmer SDX100 for Soundscape User Manual

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operator’s manual

COPYRIGHT
This manual is copyrighted © 2002 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 SDX100 Plug-In
for Soundscape 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 product.
For warranty service please contact:
USA Support

Global Support

[email protected] [email protected]
1-800-258-6883

(+44) 1268-570808

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, Mackie and/or
Soundscape will not accept responsibility for loss or damage
during transit.
This warranty is void if the product has been damaged by misuse,
modification or unauthorised repair.

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 Electroncs 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 diskettes/

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 diskettes 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 diskettes. 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
Soundscape Digital Technology Ltd 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 Soundscape dealer. Soundscape’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 inter-related with the host computer, or Soundscape 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
Soundscape software, the computer 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 Soundscape at:
USA Support

Global Support

[email protected]

[email protected]

1-800-258-6883

(+44) 1268-570808

Drawmer is a registered trademark of Drawmer Electronics Ltd.

This manual C Drawmer Electronics Ltd 2002. All rights reserved.

DRAWMER ELECTRONICS Ltd - End User License Agreement

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