III License Agreement
11
5) UPGRADES
If the "IK Multimedia Product" is labeled or otherwise identified by IK Multimedia as an "upgrade", you must be properly licensed to use a product iden-
tified by IK Multimedia as being eligible for the upgrade in order to use the "IK Multimedia Product".
An "IK Multimedia Product" labeled or otherwise identified by IK Multimedia as an upgrade replaces and/or supplements the product that formed the
basis for your eligibility for such upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the "IK
Multimedia Product" is an upgrade of a component of a package of software programs that you licensed as a single product, the "IK Multimedia Product"
may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
6) DUAL-MEDIA SOFTWARE
You may receive the "IK Multimedia Product" in more than one medium. You may not loan, rent, lease, or otherwise transfer the other medium to another
user, except as part of the permanent transfer (as provided above) of the "IK Multimedia Product".
7) LIMITED WARRANTY
IK Multimedia warrants to the original purchaser of the computer software product, for a period of ninety (90) days following the date of original pur-
chase, that under normal use, the software program and the user documentation are free from defects that will materially interfere with the operation
of the program as described in the enclosed user documentation.
8) WARRANTY CLAIMS
To make a warranty claim under the above limited warranty, please return the product to the point of purchase, accompanied by proof of purchase, your
name, your return address and a statement of the defect, or send the CD(s) to us at the below address within ninety (90) days of purchase. Include a copy
of the dated purchase receipt, your name, your return address and a statement of the defect. IK Multimedia or its authorized dealer will use reasonable
commercial efforts to repair or replace the product and return it to you (postage prepaid) or issue to you a credit equal to the purchase price, at its option.
9) LIMITATIONS ON WARRANTY
IK Multimedia warrants only that the program will perform as described in the user documentation. No other advertising, description or representation,
whether made by a IK Multimedia dealer, distributor, agent or employee, shall be binding upon IK Multimedia or shall change the terms of this warranty.
EXCEPT AS STATED ABOVE, IK MULTIMEDIA MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED, REGARDING THIS PRODUCT. IK MULTIMEDIA
DISCLAIMS ANY WARRANTY THAT THE SOFTWARE IS FIT FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY OF MERCHANTABILITY SHALL
BE LIMITED TO A NINETY (90) DAY DURATION OF THIS LIMITED EXPRESS WARRANTY AND IS OTHERWISE EXPRESSLY AND SPECIFICALLY DISCLAIMED.
IK MULTIMEDIA SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, EVEN IF IK MULTIMEDIA IS ADVISED OF OR
AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT IK MULTIMEDIA PRODUCTION SRL SHALL NOT BE RESPONSIBLE OR LIABLE FOR
THE LOSS OF PROFITS OR REVENUES, OR FOR DAMAGES OR COSTS AS A RESULT OF LOSS OF TIME, DATA OR USE OF THE SOFTWARE, OR FROM ANY
OTHER CAUSE EXCEPT THE ACTUAL COST OF THE PRODUCT. IN NO EVENT SHALL IK MULTIMEDIA LIABILITY EXCEED THE PURCHASE PRICE OF THIS PRO-
DUCT.
10) CHOICE OF LAW
You agree that any and all claims, suits or other disputes arising from your use of the software shall be determined in accordance with the laws of Itay,
in the event IK Multimedia, is made a party thereto. You agree to submit to the jurisdiction of the court in Modena, Italy for all actions, whether in con-
tract or in tort, arising from your use or purchase of the software.
11) GENERAL
This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contempo-
raneous agreements or understandings, whether oral or written. All questions concerning this Agreement shall be directed to:
IK Multimedia Production srl
Via Dell’Industria 46
41100 Modena
Italy
e-mail: [email protected]
© 2003 IK Multimedia. All rights reserved.
AmpliTube™ is a trademark property of IK Multimedia Production.
