6. Assignment of Rights
You may assign all your rights to use the software to another
person subject to the conditions that (a) you assign to this other person (i) this Agreement
and (ii) the software or hardware provided with the software, packed or preinstalled
thereon, including all copies, upgrades, updates, backup copies and previous versions,
which granted a right to an update or upgrade on this software, (b) you do not retain
upgrades, updates, backup copies and previous versions of this software and (c) the
recipient accepts the terms and conditions of this Agreement as well as other regulations
pursuant to which you acquired a valid software license.
A return of the product due to a failure to accept the terms and conditions of this Agreement,
e.g. the product activation, shall not be possible following the assignment of rights.
7. Upgrades and Updates
You must have a valid license for the previous or more inferior
version of the software in order to be allowed to use an upgrade or update for the software.
Upon transferring this previous or more inferior version of the software to third parties the
right to use the upgrade or update of the software shall expire.
The acquisition of an upgrade or update does not in itself confer any right to use the
software.
The right of support for the previous or inferior version of the software expires upon the
installation of an upgrade or update.
8. Limited Warranty
Arturia warrants that the disks on which the software is furnished is
free from defects in materials and workmanship under normal use for a period of thirty (30)
days from the date of purchase. Your receipt shall be evidence of the date of purchase. Any
implied warranties on the software are limited to thirty (30) days from the date of purchase.
Some states do not allow limitations on duration of an implied warranty, so the above
limitation may not apply to you. All programs and accompanying materials are provided “as
is” without warranty of any kind. The complete risk as to the quality and performance of the
programs is with you. Should the program prove defective, you assume the entire cost of all
necessary servicing, repair or correction.
9. Remedies
Arturia's entire liability and your exclusive remedy shall be at Arturia's option
either (a) return of the purchase price or (b) replacement of the disk that does not meet the
Limited Warranty and which is returned to Arturia with a copy of your receipt. This limited
Warranty is void if failure of the software has resulted from accident, abuse, modification,
or misapplication. Any replacement software will be warranted for the remainder of the
original warranty period or thirty (30) days, whichever is longer.
10. No other Warranties
The above warranties are in lieu of all other warranties, expressed
or implied, including but not limited to, the implied warranties of merchantability and fitness
for a particular purpose. No oral or written information or advice given by Arturia, its dealers,
distributors, agents or employees shall create a warranty or in any way increase the scope
of this limited warranty.
11. No Liability for Consequential Damages
Neither Arturia nor anyone else involved in
the creation, production, or delivery of this product shall be liable for any direct, indirect,
consequential, or incidental damages arising out of the use of, or inability to use this product
(including without limitation, damages for loss of business profits, business interruption, loss
of business information and the like) even if Arturia was previously advised of the possibility
of such damages. Some states do not allow limitations on the length of an implied warranty
or the exclusion or limitation of incidental or consequential damages, so the above limitation
or exclusions may not apply to you. This warranty gives you specific legal rights, and you
may also have other rights which vary from state to state.
39
Arturia - User Manual Comp DIODE-609 - Software License Agreement
