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LICENCE AND LIMITED WARRANTY
1. DEFINITIONS
In this Licence and Limited Warranty the following words and phrases shall bear the following
meanings:
‘the Company’
means
CEDAR
Audio Limited of 9 Clifton Court, Cambridge
CB1 7BN
,
UK
;
‘the System’ means an instance of the sound-reprocessing system comprising hardware and
software held on
EPROM
(‘firmware’) developed by the Company;
‘this Document’ means this Licence and Limited Warranty.
2. ISSUE AND USE OF THE SYSTEM
2.1 The terms and conditions of this Document are implicitly accepted by any person or body
corporate who shall at any time use or have access to the System, and are effective from the
date of supply of the System by
CEDAR
Audio Limited to its immediate customer.
2.2 The Company hereby grants to the Licensee and the Licensee agrees to accept a
non-exclusive right to use the System.
3. PROPERTY AND CONFIDENTIALITY
3.1 The System contains confidential information of the Company and all copyright, trade marks,
trade names, styles and logos and other intellectual property rights in the System including
all documentation and manuals relating thereto are the exclusive property of the Company.
The Licensee acknowledges that all such rights are the property of the Company and shall
not question or dispute the ownership of any such rights nor use or adopt any trading name
or style similar to that of the Company.
3.2 The Licensee shall not attempt to reverse engineer, modify, copy, merge or transcribe the
whole or any part of the System or any information or documentation relating thereto.
3.3 The Licensee shall take all reasonable steps to protect the confidential information and
intellectual property rights of the Company.
4. LIMITED WARRANTY AND POST-PARTWARRANTY OBLIGATIONS
4.1 The Company warrants that the System will perform substantially in accordance with the
appropriate section of its accompanying product manual for a period of one year from the
date of supply to the Company’s immediate customers.
4.2 The Company will make good at its own expenses by repair or replacement any defect or
failure that develops in the System within one year of supply to the Company’s immediate
customer.
4.3 The Company shall have no liability to remedy any defect, failure, error or malfunction that
arises as a result of any improper use, operation or neglect of the System, or any attempt to
repair or modify the System by any person other than the Company or a person appointed
with the Company’s prior written consent.
4.4 In the case of any defect or failure in the System occurring more than twelve months after its
supply to the Company’s immediate customer the Company will at its option and for a
reasonable fee make good such defect or failure by repair or replacement (at the option of
the Company) subject to the faulty equipment having first been returned to the Company.
The Company will use reasonable efforts to return repaired or replacement items promptly, all
shipping, handling and insurance costs being for the account of the Licensee.
4.5 The above undertakings 4.1 to 4.4 are accepted by the Licensee in lieu of any other legal
remedy in respect of any defect or failure occurring during the said period and of any other
obligations or warranties expressed or implied including but not limited to the implied
warranties of saleability and fitness for a specific purpose.
4.6 The Licensee hereby acknowledges and accepts that nothing in this Document shall impose
upon the Company any obligation to repair or replace any item after a time when it is no
longer produced or offered for supply by the Company or which the Company certifies has
been superseded by a later version or has become obsolete.
5. FORCE MAJEURE
The Company shall not be liable for any breach of its obligations hereunder resulting from causes