EastWest Hollywood Orchestra Opus Edition Virtual Instrument Plug-In (Download) User Manual

Page 228

Advertising
background image

HOLLYWOOD ORCHESTRA OPUS EDITION

C O N T E N T S

<

E N D

USER LICENSE AGREEMENT

9. Export Control. You may not use or otherwise export or reexport the EASTWEST SOFTWARE
except as authorized by United States law and the laws of the jurisdiction in which the EAST-
WEST SOFTWARE was obtained. In particular, but without limitation, the EASTWEST SOFT-
WARE may not be exported or reexported (a) into any U.S. embargoed countries or (b) to anyone
on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department
of Commerce Denied Person’s List or Entity List. By using the EASTWEST SOFTWARE, you
represent and warrant that you are not located in any such country or on any such list. You also
agree that you will not use the EASTWEST SOFTWARE or any purposes prohibited by United
States law, including, without limitation, the development, design, manufacture or production
of missiles, nuclear, chemical or biological weapons.

10. Government End Users. The EASTWEST SOFTWARE and related documentation are “Com-
mercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Comput-
er Software” and “Commercial Computer Software Documentation”, as such terms are used in
48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212
or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Soft-
ware and Commercial Computer Software Documentation are being licensed to U.S. Government
end users (a) only as Commercial Items and (b) with only those rights as are granted to all other
end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the
copyright laws of the United States.

11. Controlling Law and Severability. This License will be governed by and construed in ac-
cordance with the laws of the State of California, as applied to agreements entered into and to
be performed entirely within California between California residents. This License shall not be
governed by the United Nations Convention on Contracts for the International Sale of Goods, the
application of which is expressly excluded. If for any reason a court of competent jurisdiction
finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall
continue in full force and effect.

12. Complete Agreement; Governing Language. This License constitutes the entire agreement
between the parties with respect to the use of the EASTWEST SOFTWARE licensed hereunder
and supersedes all prior or contemporaneous understandings regarding such subject matter. No
amendment to or modification of this License will be binding unless in writing and signed by
EASTWEST. Any translation of this License is done for local requirements and in the event of a
dispute between the English and any non-English versions, the English version of this License
shall govern.

13. Third Party Software and Service Terms and Conditions. Portions of the EASTWEST SOFT-
WARE utilize or include third party software and other copyrighted material. Acknowledgements,
licensing terms and disclaimers for such material are contained in the “online” electronic docu-
mentation for the EASTWEST SOFTWARE, and your use of such material is governed by their
respective terms.

Advertising