13
Operator Manual
Licences
The following are the license agreements applicable to the
Midas Digital Equipment.
end-User Licence agreement for midas™ and
klark Teknik™ Software
◊
IMPORTANT - Please read this document carefully before using this
Midas™ or Klark Teknik™ Product. This is an agreement governing your
use of software or other machine instructions already installed on this
Midas™ or Klark Teknik™ Product, as well as other software that we
provide for installation on this Product. The Midas™ or Klark Teknik™
Product will not operate in accordance with its documentation
without this software.
THIS AGREEMENT ("AGREEMENT" OR "LICENCE") STATES THE TERMS AND
CONDITIONS UPON WHICH MIDAS KLARK TEKNIK LIMITED ("COMPANY")
OFFERS TO LICENSE THE INSTALLED FIRMWARE, SOFTWARE AND/OR PROGRAMS
("the SOFTWARE") WITH THE MIDAS™ OR KLARK TEKNIK™ CONSOLE OR SIGNAL
PROCESSING PRODUCT ("PRODUCT") IN WHICH IT HAS BEEN INSTALLED BY,
OR FOR WHICH IT IS PROVIDED BY, THE COMPANY. BY USING THIS PRODUCT YOU
WILL BE AGREEING TO BECOME BOUND BY THE TERMS OF THIS LICENCE. IF YOU
DO NOT AGREE TO THE TERMS OF THIS LICENCE, DO NOT USE THIS PRODUCT AND
PROMPTLY RETURN THE PRODUCT TO THE PLACE WHERE YOU OBTAINED IT FOR
A FULL REFUND. You agree to notify any persons whom you permit to operate
this Product of the terms of this Licence, and to require them to comply with
these terms.
The Software is licensed, not sold, to you for use only under the terms of this
Licence, and the Company reserves all rights not expressly granted to you.
The Company retains ownership of all copies of the Software itself, and all
proprietary parts of it, including those stored on or in the Product.
1.
Licence
: Subject to the terms and conditions of this agreement,
the Company grants you, and other persons you permit to operate the
Product, a personal, limited, non-exclusive, non-transferable licence to use
the Software only on the single Product unit in which it has been installed.
2.
Restrictions
: (a) The Software, and the accompanying written materials,
are copyrighted and contain trade secrets and other proprietary matter,
including confidential information relating to the specifications and
performance characteristics of this Product. Save for such elements as
may be licensed to the Company, as described in paragraph 5, all rights
to copyrights, trade marks and trade secrets in the Software, or any
modifications to it, are owned by the Company. Unauthorised use or copying
of the Company’s proprietary Software, or any portion thereof, or copying
of those written materials, is prohibited. (b) You may not create, market,
distribute, or transfer copies of the Company’s proprietary Software, or
any part of it, to others, or duplicate, rent, lease or loan that Software, or
any part of it, except that you may transfer that Software installed in this
Product in conjunction with the sale, transfer, loan, rent or lease of this
Product, and subject at all times to this Licence. YOU MAY NOT REVERSE
ENGINEER, DECOMPILE, DISASSEMBLE, EXTRACT OR SEPARATE OUT, MODIFY,
ADAPT, PORT, OR TRANSLATE THE SOFTWARE, DERIVE THE SOURCE CODE OF
THE SOFTWARE OR CREATE DERIVATIVE WORKS BASED ON THE SOFTWARE
OR ANY ACCOMPANYING WRITTEN MATERIALS, save as is allowed by licences
pertaining to component parts of the Software which are licensed by third
parties, as described under paragraph 5, or otherwise by law. (c) In the
event you violate any term of this Licence, all rights granted herein will
automatically and immediately terminate and you must stop using the
Software and destroy any copies of the Software.
3.
Limited Warranty
: Subject to your installation of any Software updates
issued by the Company as described herein, and the condition below,
the Company warrants that the Software will operate in compliance
with the Software’s material specifications and documentation for a
period of 90 days from your purchase of this Product. The Software is
provided "as is" and the Company does not warrant that the operation
of the Software will meet your requirements or operate free from error.
To the greatest extent permissible by law, the Company DISCLAIMS ALL
WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR CAPABILITY OF CORRECTLY
PROCESSING PROVIDING AND/OR RECEIVING DATE INFORMATION.
You understand that the Company may update or revise the Software
but in so doing incurs no obligation to furnish such updates to you.
However, the Company may in its discretion make updates available from
time to time upon such terms and conditions as it shall determine. It is a
condition of the above warranty that you install any such Software updates,
as may be issued from time to time by the Company for the Software,
in accordance with the Company’s instructions, and if you do not do so such
warranty will cease to apply. You may view current Software updates at
http://klarkteknik.com and http://midasconsoles.com.
4.
Limited Liability
: THE ENTIRE RISK ARISING OUT OF YOUR USE OR
PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. THE LIABILITY
OF THE COMPANY FOR ANY CLAIMS ARISING OUT OF THIS LICENCE AND/
OR BASED UPON THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION,
AND INCLUDING WORK STOPPAGE, PRODUCT FAILURE OF MALFUNCTION OR
ANY OTHER COMMERCIAL LOSS OR DAMAGE, SHALL NOT EXCEED THE COST
OF THE LICENCE FEE FOR THE SOFTWARE OR THE COST OF THIS PRODUCT.
SUBJECT TO THE PROVISIONS OF APPLICABLE LAW, IN NO EVENT SHALL THE
COMPANY BE LIABLE FOR ANY LOSS OF DATA, LOST OPPORTUNITY OR PROFITS,
COST OF COVER OR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
DAMAGES, EVEN IF YOU ADVISE THE COMPANY OF THE POSSIBILITY OF SUCH
DAMAGES. THIS IS A FUNDAMENTAL TERM OF THIS AGREEMENT AND YOU
ACKNOWLEDGE THAT THE AMOUNT YOU PAID FOR THE SOFTWARE AND/
OR THE PRODUCT REFLECTS THIS ALLOCATION OF RISK. NOTHING IN THIS
PARAGRAPH PURPORTS TO EXCLUDE OR LIMIT THE COMPANY’S LIABILITY
FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR ANY OTHER
LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW.
5.
Other Third-Party Computer Programs
: As referred to herein, the term
"Software" refers only to proprietary Midas™ or Klark Teknik™ software,
owned by the Company, that has been provided to you for installation on,
or already installed in, a Product. In addition to the Software, you may
have also been provided, at no additional charge, with a version of the
widely-available GNU Linux Operating System, which is a modular operating
system made up of hundreds of individual software components, each of
which was written, and the copyright and other rights in which are owned
individually, by various parties (collectively, "the GNU Linux Programs").
Each component has its own applicable end user licence agreement,
and many of these agreements permit you to copy, modify, and redistribute
the applicable software, but you must review the on-line documentation
that shares a directory or otherwise accompanies each of the GNU Linux
Programs provided to you for the specific terms and conditions. Nothing in
this Licence limits your rights under, or grants you rights that supersede,
the terms of any other applicable end user licence agreement. If you wish
to receive a computer-readable copy of the source code for any of the GNU
Linux Programs that have been provided with your Midas™ or Klark Teknik™
Product, send a cheque or money order (no cash accepted), your address and
[£10.00] to cover the cost of optical media, postage and handling, to:
MUSIC Group Research UK Limited
ATTN: Linux Programs CD for Midas™/Klark Teknik™
Walter Nash Road, Kidderminster. Worcestershire.
DY11 7HJ. England.
midasconsoles.com
