CEDAR DNS 4 dialogue noise suppressor
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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’
is CEDAR Audio Limited of 20 Home End, Fulbourn, Cambridge CB21 5BS, UK;
‘a/the System’
means an instance of the DNS 4 sound processing system comprising hardware
and
software 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 (excluding such IP owned by Audinate or covered by the
attached 3rd- party licences or is in the public domain) all other intellectual property rights in
the System and the documentation and manuals relating thereto are the exclusive property of
the Company. The Licensee acknowledges that all such rights are the property of their
respective owners 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 or any other relevant parties.
3.2
Unless explicitly permitted in writing by the relevant intellectual property owner, 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 and other owners of intellectual property in the
System.
4.
LIMITED WARRANTY AND POST-WARRANTY OBLIGATIONS
4.1
The Company warrants that a 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 customer.
4.2
The Company will make good at its own expenses by repair or replacement any defect or failure
that develops in a 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 a System, or any attempt to
repair or modify a 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 a 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.
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