55
MS5000 M
edia
S
erver
USER GUIDE
© Copyright Imerge Ltd 2007
Page
sONIC sOLUTIONs END-UsER LICENsE
AGREEMENT
THIS IS A CONTRACT, PLEASE READ IT CAREFULLY, BY
INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE
TERMS AND CONDITIONS OF THIS AGREEMENT, YOU
WILL NOT BE ABLE TO USE THIS SOFTWARE UNLESS YOU
ACCEPT THIS AGREEMENT. BY USING THE SOFTWARE,
YOU ARE AGREEING TO BE BOUND BY THE TERMS OF
THIS LICENSE. IF YOU DO NOT AGREE TO ANY TERM
OR CONDITION, YOU MAY NOT INSTALL OR RUN THIS
SOFTWARE.
1. License.
Sonic Solutions, a California corporation, (“Sonic”)
hereby grants to the purchaser (hereafter “you”) a
personal, non-exclusive, non-transferable license (the
“License”), without the right to sublicense, to use the
application, installation, utility, system, upgrade or other
software accompanying this License, whether on disk,
in read only memory, or on any other media (the “Sonic
Software”), the related documentation and materials.
The Sonic Software is licensed for use in object code
form only, for your internal use and only on a specific
hardware system. The Sonic Software is licensed, not
sold, to you by Sonic. You own the media on which
the Sonic Software is recorded but Sonic and/or Sonic’s
licensor(s) retain title to the Sonic Software and to
any copies which this License authorizes you to make.
You acknowledge that Sonic and/or Sonic’s licensor(s)
(hereafter, collectively referred to as “Sonic”) retain all
other ownership rights connected with the Software,
including, without limitation, all copyrights, trademark
rights, and all other intellectual property rights. You
agree to refrain from any action which would diminish
such rights or would call them into question. You agree
that this License shall apply to any software provided
to you by Sonic or Sonic’s representative as replacement
or upgrade software to substitute for or to be used
in conjunction with the software accompanying this
License.
2. Permitted Uses and Restrictions.
This License allows you to install and use the Sonic
Software on a single Sonic-manufactured or Sonic-
approved hardware system at a time. This License does
not allow the Sonic Software to exist on more than one
hardware system at a time. You may make one copy
of the Sonic Software in machine-readable form for
backup purposes only. The backup copy must include
all copyright notices and any other proprietary legends
contained on the original copy of the Sonic Software.
You may use the Sonic Software in a networked
environment and transmit the Sonic Software from one
hardware system to another over a network so long as
each hardware system which receives the Sonic Software
is the subject of a license for the Sonic Software it
receives. Except as permitted by applicable law and
this License, you may not decompile, reverse engineer,
disassemble, modify, rent, lease, loan, distribute, create
derivative works from the Sonic Software or publish
or transmit the Sonic Software over a network. You
may, however, transfer your rights under this License,
provided you transfer the related documentation, this
License, and a copy of the Sonic Software to a party
who agrees to accept the terms of this License and
destroy any other copies of the Sonic Software in your
possession. Your rights under this License will terminate
automatically without notice from Sonic if you fail to
comply with any term(s) of this License.
3. Limited Warranty on Media.
Sonic warrants the media on which the Sonic Software
is delivered to be free from defects in materials and
workmanship under normal use for a period of ninety
(90) days from the date of original purchase. Your
exclusive remedy under this paragraph shall be, at Sonic’s
option, a refund of the purchase price of the product
containing the Sonic Software or replacement of the
Sonic Software which is returned to Sonic or an Sonic
authorized representative.
THIS LIMITED WARRANTY AND ANY IMPLIED
WARRANTIES ON THE MEDIA INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE LIMITED IN DURATION
TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL
RETAIL PURCHASE. SOME JURISDICTIONS DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY
TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN
IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER
ORAL OR WRITTEN, EXPRESS, OR IMPLIED. SONIC
SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES. THIS
LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS,
AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY
BY JURISDICTION.
4. Disclaimer of Warranty on Sonic Software.
You expressly acknowledge and agree that use of the
Sonic Software is at your sole risk. The Sonic Software is
provided “AS IS” and without warranty of any kind and
Sonic
EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE WITH RESPECT TO THE SONIC
SOFTWARE. SONIC DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SONIC SOFTWARE WILL
MEET YOUR REQUIREMENTS, OR THAT THE OPERATION
OF THE SONIC SOFTWARE WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT DEFECTS IN THE SONIC SOFTWARE
WILL BE CORRECTED. FURTHERMORE, SONIC DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF
THE SONIC SOFTWARE OR RELATED DOCUMENTATION IN
TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY SONIC OR AN SONIC AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY OR IN
ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
SHOULD THE SONIC SOFTWARE PROVE DEFECTIVE,
YOU (AND NOT SONIC OR AN SONIC AUTHORIZED
REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU.
5. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE,
SHALL SONIC BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT
OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY
NOT APPLY TO YOU. In no event shall Sonic’s total
liability to you for all damages exceed the amount paid
for this to the Sonic Software.
