Universal Audio Apollo Twin - Manual (Page 39)

Apollo Twin Hardware Manual Chapter 5: Notices 39
End User License Agreement
UNIVERSAL AUDIO, INC. END USER LICENSE AGREEMENT
PLEASE READ THIS UNIVERSAL AUDIO, INC. END USER LICENSE AGREEMENT (THE “AGREEMENT”) CAREFULLY BE-
FORE INSTALLING THE SOFTWARE THAT IS GOVERNED BY THE AGREEMENT (THE “SOFTWARE”).
THE SOFTWARE IS LICENSED NOT SOLD. IF (A) YOU OBTAINED A COPY OF THE SOFTWARE FROM UNIVERSAL AUDIO,
INC. (“UA”), AN AUTHORIZED UA DISTRIBUTOR (AS DEFINED IN SECTION 1(a)(i) BELOW) OR A PERMITTED TRANS-
FEROR (AS DEFINED IN SECTION 2(a)(iv) BELOW) AND (B) THE TERMS AND CONDITIONS CONTAINED IN THIS AGREE-
MENT ARE ACCEPTABLE TO YOU, YOU MAY USE THE SOFTWARE AS PROVIDED IN SECTION 1 BELOW. YOU, PERSONALLY,
SHALL BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT IN THE SAME MANNER AS IF
YOU HAD SIGNED A WRITTEN AGREEMENT WITH UA; PROVIDED, HOWEVER, THAT IF YOU NOTIFY UA WHEN YOU CREATE
YOUR ACCOUNT THAT YOU OBTAINED YOUR COPY OF THE SOFTWARE ON BEHALF OF AN ENTITY, THEN THAT ENTITY
(THE “DESIGNATED ENTITY”), AND NOT YOU PERSONALLY, SHALL BE BOUND BY SUCH TERMS AND CONDITIONS. IN
SUCH EVENT, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND YOUR DESIGNATED ENTITY IN
CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT.
IF (A) YOU DID NOT OBTAIN YOUR COPY OF THE SOFTWARE FROM UA, AN AUTHORIZED UA DISTRIBUTOR OR A PERMIT-
TED TRANSFEROR OR (B) THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT ARE NOT ACCEPTABLE TO
YOU, NEITHER YOU NOR YOUR DESIGNATED ENTITY MAY USE THE SOFTWARE.
1. Licenses.
(a) Standard End User Licenses.
(i) Licenses for Included Plug-Ins and Enabling Software. The Software consists of a number of
components that, collectively, allow an end user to process sound through a hardware device developed by UA (each, a “UA
Hardware Device”), including individual software components that produce a specific effect or effects (each, a “Plug-In”), as
well as drivers and other enabling software (together, the “Enabling Software”). If you or, alternatively, your Designated Entity
(the “Customer”), have acquired a UA Hardware Device from: (A) UA, (B) a third party distributor who was at the time of
acquisition, expressly authorized by UA to sell the UA Hardware Device (each, an “Authorized UA Distributor”) or (C) a Permit-
ted Transferor (as defined in Section 2(a)(iv)), UA hereby grants Customer a worldwide (subject to Section 10 below), perpetual
(subject to Sections 1(b) and 4 below), non-exclusive, non-sublicensable license to use all Plug-Ins that are designated as “In-
cluded Plug-Ins” on UA’s website located at http://uaudio.com (the “UA Website”), as of the day on which the original Customer
obtains a copy of the Included Plug-In (the “Receipt Date”), all related Enabling Software that exists on the Receipt Date and
all Updates to such Included Plug-Ins and Enabling Software, in each case solely for personal use (if Customer is a person) or
internal business purposes (if Customer is an entity), solely in object code form and solely in connection with no more than four
(4) UAD Hardware Devices (the “Permitted UA Hardware Devices”) (whether or not all, some or none of such Permitted Hard-
ware Devices connect to a computer). For purposes of this Agreement, “Updates” means a bug fix, upgrade, or other modifica-
tion to the Included Plug-Ins and Enabling Software that UA makes generally available to end users of such Software during the
period in which Customer has a valid license for such Software.
UA also grants Customer a non-exclusive, non-sublicenseable license to reproduce and display the written or electronic materi-
als containing instructions and/or other information on the use of the applicable Software that UA makes generally available to
end users of such Software during the period in which Customer has a valid license for such Software (the “Documentation”).
The foregoing licenses may be transferred only to a Permitted Transferee (as defined in Section 2(a)(iv) below).
(ii) Licenses for Demo Plug-Ins.
(A) Time-Limited License. In addition to the licenses described above, UA hereby grants Cus-
tomer a worldwide (subject to Section 10 below), non-exclusive, non-sublicensable license to use all Plug-Ins that are, as of the
Receipt Date, accessible in demonstration mode (each, a “Demo Plug-In”), all Updates to such Demo Plug-Ins and all Docu-
mentation related to such Demo Plug-Ins, in each case solely for personal use (if Customer is a person) or internal business
purposes (if Customer is an entity), solely in object code form and solely in connection with the Permitted UA Hardware Devices
(whether or not all, some or none of the Permitted UA Hardware Devices connect to a computer). Such licenses shall terminate
as to each Demo Plug-In at the end of the “Demo Term” for such Demo Plug-In (as defined in the applicable Documentation)
(subject to earlier termination as provided in Section 4 below), except as set forth in Section 1(a)(ii)(B) below.
The foregoing licenses may be transferred only to a Permitted Transferee (as defined in Section 2(a)(iv) below).
(B) Full License. Upon expiration of the Demo Term for a particular Demo Plug-In, Customer’s
right to use such Demo Plug-In shall automatically terminate, except as set forth below:
(1) Bundles. When Customer acquires a UA Hardware Device from UA or an Autho-
rized UA Distributor, Customer may be given the opportunity to license a bundle of Demo Plug-Ins (each, a “Bundle”) for an
incremental fee. Typically, these Bundles are made available at a price that is lower than if the Demo Plug-Ins contained in the
Bundle had been licensed separately. To the extent that a Demo Plug-In is designated as part of a Bundle and Customer pays
the associated fees for the Bundle, Customer’s license rights as set forth in Section 1(a)(ii)(A) above shall not terminate at the