Metric Halo SpectraFoo - Manual (Page 113)

License Agreement
113
MH will at their option, either (a) replace the item at no charge to the Licensee or (b) the purchase price of
the product provided Licensee follows the MH return procedure and returns the item to be replaced, postage
prepaid, with proof of purchase, to MH. For warranty service, please write or call MH at (727) 725-9555 for
instructions.
5. EXCLUSIONS OF LIABILITY
IN NO EVENT WILL MH BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUEN-
TIAL DAMAGES RESULTING FROM ANY DEFECT IN THE PRODUCT, INCLUDING LOST PROFITS, DAM-
AGE TO PROPERTY AND, TO THE EXTENT PERMITTED BY LAW, DAMAGE FOR PERSONAL INJURY, EVEN
IF MH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, MH DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE
USE, OR THE RESULTS OF USE, OF THE MH SOFTWARE OR WRITTEN MATERIALS IN TERMS OF COR-
RECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RE-
SULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE LICENSEE.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this
exclusion and limitation may not apply to the Licensee.
It is mutually acknowledged that the Licensee must read the manual to coordinate the equipment requirements
needed for the system including, but not limited to the capacity of all speakers intended to be used by Licensee
in conjunction with the subject Software. Licensor shall not be liable in any way whether for direct damage
or consequential damage or any other portion of the system that is damaged as a result of Licensee using the
subject Software.
6. PROPERTY RIGHTS OF THE LICENSOR
This Software is the exclusive property of the Licensor whether personal property and/or intellectual property
or otherwise. The Software is subject to both the Patent Laws and the Copyright Laws of the United States of
America. There is a pending patent application at the United States Patent Office. All of the material whether in
terms of printed media or software is copyrighted to the fullest extent permitted by law. All rights are reserved
by Metric Halo Laboratories, Inc.
7. U.S. GOVERNMENT USERS
If you are a U.S. Government user then the Software is provided with “RESTRICTED RIGHTS” as set forth in sub-
paragraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19 or
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.277-7013,
as applicable.
8. TRADEMARK RIGHTS
Permission is hereby granted to use the phrase "Mastered with SpectraFoo™" and to use the SpectraFoo™ logo
on CDs, LPs CD-ROMs, DVDs, cassettes, Laser Discs, and Films for commercial release that were produced
using this software. Any visual representation or reproduction of SpectraFoo generated graphics must be given
credit using the terms "Measured using SpectraFoo™".
9. GOVERNING LAW
This license agreement shall be governed by the laws of the United States and the State of New York. If, for
any reason, a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable,
that provision will be enforced to the maximum extent permissible, and the remainder of this Agreement shall
continue in full force and effect.
SpectraFoo, SpectraFoo Visual Audio Monitoring System, Metric Halo, Real Time Rack and Phase Torch are
trademarks or registered trademarks of Metric Halo Distribution, Inc. All rights, except those specifically grant-
ed here are reserved. All other trademarks are the property of their respective owners.