CONSOLE 1 FADER USER’S GUIDE |
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and adjusting the EULA from time to time. The EULA
governing your purchase of the product shall however
remain the version that originally applied in connection
with the original purchase of the Product. However, if
and to the extent you purchase a new version and/or
additional features to a Product, and in connection with
such purchase accept the applicability of a new EULA,
that new version of the EULA shall apply.
12 . Questions, comments or remarks in
relation to the Products, this EULA or the
Terms
If and to the extent you have questions, comments or
remarks in relation to us, the Products or the EULA/the
Terms, please contact us, as to enable us to answer your
questions, solve the Product issue and to improve our
services to you as an end-user. The easiest way of getting
into contact with us is via e-mail [email protected]
or such other communication means as is set out on our
website.
13 . Applicable law and dispute resolution
If you are a consumer (or an individual with correspond-
ing rights) under applicable and statutory law, we will
submit us to the choice of law and competent venues
for dispute resolution, as set forth under such applicable
statutory rules. Otherwise (i.e. primarily for other end-
users than consumers), with regard to applicable law,
venue, and procedure for dispute resolution, the corre-
sponding provisions of the Terms shall apply for possible
disputes between us and you.
ACKNOWLEDGEMENTS AND LICENSES
Third Party Legal Notices
One or more of Softube’s products may include software
licensed under terms that require Softube to display the
following notices:
--
NOR ITS LICENSORS’ BE LIABLE FOR ANY
LOST REVENUE, PROFIT OR ANTICIPATED
SAVINGS, DATA, OR FOR DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL, INCIDENTAL
OR PUNITIVE DAMAGES, HOWEVER CAUSED
AND REGARDLESS OF THE THEORY OF LI-
ABILITY, ARISING OUT OF YOUR OR ANY
THIRD PARTY’S USE OF OR INABILITY TO
USE PRODUCT, EVEN IF THAT PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN ANY CASE SOFTUBE’S
AND ITS SOFTUBES’ ENTIRE LIABILITY UN-
DER ANY THEORY OF LIABILITY SHALL BE
LIMITED TO THE AMOUNT ACTUALLY PAID
BY YOU TO SOFTUBE FOR THE PRODUCT
(INCLUDING THE RELEVANT LICENCE KEY)
UNDER THE APPLICABLE LICENSE MODEL.
10 . Third party beneficiaries
Except as provided in this section 10, nothing contained
in this EULA is intended or shall be construed to confer
upon any person (other than the parties hereto) any
rights, benefits or remedies of any kind or to create any
obligations or liabilities of a party to any such party.
You however acknowledge and agree that Softube’s
licensors, subject to the existence of relevant provisions
in the agreement and/or understanding between us and
relevant third party licensor, if any, are third-party ben-
eficiaries of this EULA with respect to the provisions of
this EULA that create rights of or obligations to such
third party licensor and/or Softube, as the case may be
and that, upon your acceptance of the terms and condi-
tions of this EULA, also such third party licensor will
have the right to enforce the provisions of this EULA
against you in its capacity as a third party beneficiary to
this EULA.
11 . Version(s) of the EULA
Both technology development as well as our in-licensing
of third party technology and intellectual property
rights, if any, may and will result in Softube amending