Harman Kardon DMC 1000 Owners Manual - Page 41

EULA END-USER LICENSE AGREEMENT (EULA) IMPORTANT. READ CAREFULLY. THIS END-USER LICENSE AGREEMENT ("AGREEMENT") DEFINES THE LEGAL AGREEMENT BETWEEN YOU (INDIVIDUAL OR ENTITY) AND HARMAN CONSUMER GROUP, INC. ("HARMAN"). YOU ARE PERMITTED TO USE THE DMC1000 ("PRODUCT") AND THE SOFTWARE CONTAINED AND EMBEDDED IN THE PRODUCT ("SOFTWARE") ONLY IF YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. BY USING THE PRODUCT AND SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND, YOU MUST STOP USING THE PRODUCT AND SOFTWARE. YOU AND HARMAN AGREE AS FOLLOWS: 1. Grant of License. Subject to the restrictions defined in this Agreement, You are permitted to use the Software solely as a part of and in connection with your use of the Product for personal entertainment and enjoyment purposes. 2. License Restrictions. You will not, or assist or direct any third person to: (i) extract, separate, remove or otherwise copy the Software; (ii) disassemble, decompile, reverse engineer or otherwise convert any part of the Software to source code or a human-perceivable form; (iii) adapt, modify or create a derivative work of the Software; (iv) distribute, encumber, lease, rent, sell, transmit, transfer, or otherwise dispose of the Software, in whole or in part, except You may transfer the Software upon and as an intact part of a permanent and permissible transfer of the Product; or (v) use the Software with any other product or for any other purpose. 3. Ownership of Software. The Software consists of Harman's proprietary software and software obtained from third-party licensors. You acknowledge that the Software is the sole property of Harman and its licensors. Harman and its licensors retain all rights, title and interest in and to the Software, including any and all modifications, updates, derivative works and all associated intellectual property rights therein. Except as expressly granted to You under the terms of this Agreement, Harman does not grant You any right, title or interest in or to the Software. You will not delete, remove or otherwise alter any copyright, trademark, confidentiality or other proprietary notice appearing in the Software. You will not take any action to jeopardize, limit or interfere in any manner with Harman's or its licensors' ownership of the Software. Harman reserves the sole and exclusive right at its discretion to assert claims against third parties for infringement or misappropriation of its intellectual property rights in the Software. 4. Termination. This Agreement is effective until terminated by Harman. Your rights to use the Product and Software will automatically terminate, with or without notice, upon any violation or breach of this Agreement by You, in which case you will immediately stop all use of the Product and Software.. 5. SEPARATE LIMITED WARRANTY. HARMAN OFFERS A LIMITED WARRANTY TO YOU FOR YOUR USE OF THE PRODUCT AS DEFINED BY THE HARMAN LIMITED WARRANTY INCLUDED WITH THE PRODUCT ("LIMITED WARRANTY"). THIS AGREEMENT DOES NOT CONTAIN OR CONSTITUTE A NEW OR SEPARATE WARRANTY REGARDING THE PRODUCT OR SOFTWARE AND DOES NOT MODIFY OR EXTEND THE LIMITED WARRANTY. THIS AGREEMENT DOES NOT: (I) PROVIDE YOU ANY ADDITIONAL REMEDIES; OR (II) CONSTITUTE A MODIFICATION OR EXTENSION OF THE REMEDIES AVAILABLE TO YOU AS SET FORTH IN THE LIMITED WARRANTY. 6. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HARMAN PROVIDES THE SOFTWARE "AS IS" AND WITHOUT WARRANTY. HARMAN DISCLAIMS ALL COMMON LAW AND STATUTORY WARRANTIES AS TO THE CONDITION, QUALITY, FITNESS, MAINTENANCE AND USE OF THE SOFTWARE, INCLUDING AND WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. NO HARMAN DEALER, AGENT OR EMPLOYEE IS AUTHORIZED TO CREATE, MODIFY, EXTEND OR OTHERWISE MAKE ANY WARRANTY ON BEHALF OF HARMAN. 7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HARMAN, INCLUDING ITS PARENT COMPANY, AFFILIATES, EQUITY HOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, REMOTE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING AND WITHOUT LIMITATION, COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT PRODUCTS, LOSS OF INFORMATION, DATA OR CONTENT, LOSS OF REVENUE OR PROFITS OR ATTORNEY'S FEES, ARISING FROM OR CAUSED BY, DIRECTLY OR INDIRECTLY, THE SALE OR USE OF OR INABILITY TO USE THE SOFTWARE OR PRODUCT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE AT LAW OR IN EQUITY, EVEN IF HARMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL BE EFFECTIVE EVEN IF ANY REMEDY IN THIS AGREEMENT OR OTHERWISE PROVIDED BY HARMAN FAILS OF ITS ESSENTIAL PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HARMAN'S TOTAL AND AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT OR ARISING FROM THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AT LAW OR IN EQUITY, EXCEED THE PURCHASE PRICE OF THE PRODUCT. 8. Irreparable Harm. You agree that Your breach or threatened breach of any provision of this Agreement will cause irreparable harm to Harman for which a remedy at law would be inadequate. Harman is entitled to seek all available remedies at law and in equity, including injunctive relief, to enforce any provision of this Agreement and to restrain You from adapting, disclosing, distributing, modifying, publishing, transferring, using or otherwise disposing of the Software, in whole or in part, directly or indirectly, in breach of this Agreement. 9. U.S. Government Restricted Rights. Use, duplication and disclosure by the U.S. Government is subject to restrictions set forth in this Agreement. 10. Export Restrictions. You will obey the laws and regulations of the United States governing exports and re-exports of the Product and/or Software. 11. Governing Law. This Agreement shall be governed by and construed in accordance with the substantive laws of the state of New York, excluding all applicable laws pertaining to conflicts of law and the United Nations Convention on Contracts for the International Sale of Goods. 12. Limitation of Transfer. The Software and this license to use the Software is transferable, provided that: (i) all Software updates are included in the transfer; (ii) You do not retain a copy of the Software; (iii) You transfer the Software upon and as an intact part of a permanent and permissible transfer of the Product; and (iv) the transferee agrees to be bound by the terms and conditions of this Agreement in connection with the use of the Product. The terms and conditions of this Agreement will bind and inure to the benefit of such permitted transferees. 13. Survival. Sections 3, 4, 6, 7, 11 and 13 will survive the termination and expiration of this Agreement. 14. Entire Agreement. This Agreement is the complete and final agreement between You and Harman with respect to the subject matter of this Agreement. To the extent that any terms of any Harman policies or programs for support services conflict with the terms of this Agreement, the terms of this Agreement shall control. 15. Severability. If any court or other tribunal of competent jurisdiction finds or holds any provision of this Agreement to be void, invalid, illegal or otherwise unenforceable the remaining provisions of this Agreement will remain in full force and effect. 16. Copyright Notices, Attributions and Licenses. Some of Harman's licensors require the reproduction of certain copyright notices and authorship attribution in Harman's documentation. Such notices, attributions and licenses are as follows: LAME-3.93.1. © 2002 Steve Lhomme. [email protected] The Software contained in the Product uses the LAME software. LAME is licensed to Harman and You under the GNU Lesser General Public License - Version 2.1, see below for license terms. Harman does not modify the LAME software. For more information visit http://www.mp3dev.org. Libtar-1.2.11. © 1998-2003 University of Illinois Board of Trustees, © 1998-2003 Mark D. Rothall. All rights reserved. http://www.feep.net/libtar. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: (1) Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer; (2) Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution; 41