Read Harman Kardon DMC 1000 Info Sheet online
38
1. Grant of License. Subject to the restrictions defined
in this Agreement, You are permitted to use the
Software solely as a part of and in connection with
your use of the Product for personal entertainment
and enjoyment purposes.
Software solely as a part of and in connection with
your use of the Product for personal entertainment
and enjoyment purposes.
2. License Restrictions. You will not, or assist or direct
any third person to: (i) extract, separate, remove
or otherwise copy the Software; (ii) disassemble,
decompile, reverse engineer or otherwise convert
any part of the Software to source code or a hu-
man-perceivable form; (iii) adapt, modify or create
a derivative work of the Software; (iv) distribute,
encumber, lease, rent, sell, transmit, transfer, or
otherwise dispose of the Software, in whole or in
part, except You may transfer the Software upon
and as an intact part of a permanent and permissi-
ble transfer of the Product; or (v) use the Software
with any other product or for any other purpose.
or otherwise copy the Software; (ii) disassemble,
decompile, reverse engineer or otherwise convert
any part of the Software to source code or a hu-
man-perceivable form; (iii) adapt, modify or create
a derivative work of the Software; (iv) distribute,
encumber, lease, rent, sell, transmit, transfer, or
otherwise dispose of the Software, in whole or in
part, except You may transfer the Software upon
and as an intact part of a permanent and permissi-
ble transfer of the Product; or (v) use the Software
with any other product or for any other purpose.
3. Ownership of Software. The Software consists of
Harman’s proprietary software and software obtai-
ned from third-party licensors. You acknowledge
that the Software is the sole property of Harman
and its licensors. Harman and its licensors retain
all rights, title and interest in and to the Software,
including any and all modifications, updates, deri-
vative works and all associated intellectual property
rights therein. Except as expressly granted to You
under the terms of this Agreement, Harman does
not grant You any right, title or interest in or to the
Software. You will not delete, remove or otherwise
alter any copyright, trademark, confidentiality or
other proprietary notice appearing in the Software.
You will not take any action to jeopardize, limit or
interfere in any manner with Harman’s or its licen-
sors’ ownership of the Software. Harman reserves
the sole and exclusive right at its discretion to
assert claims against third parties for infringement
or misappropriation of its intellectual property rights
in the Software.
ned from third-party licensors. You acknowledge
that the Software is the sole property of Harman
and its licensors. Harman and its licensors retain
all rights, title and interest in and to the Software,
including any and all modifications, updates, deri-
vative works and all associated intellectual property
rights therein. Except as expressly granted to You
under the terms of this Agreement, Harman does
not grant You any right, title or interest in or to the
Software. You will not delete, remove or otherwise
alter any copyright, trademark, confidentiality or
other proprietary notice appearing in the Software.
You will not take any action to jeopardize, limit or
interfere in any manner with Harman’s or its licen-
sors’ ownership of the Software. Harman reserves
the sole and exclusive right at its discretion to
assert claims against third parties for infringement
or misappropriation of its intellectual property rights
in the Software.
4. Termination. This Agreement is effective until ter-
minated by Harman. Your rights to use the Product
and Software will automatically terminate, with or
without notice, upon any violation or breach of this
Agreement by You, in which case you will immedia-
tely stop all use of the Product and Software..
and Software will automatically terminate, with or
without notice, upon any violation or breach of this
Agreement by You, in which case you will immedia-
tely stop all use of the Product and Software..
5. SEPARATE LIMITED WARRAnTY. HARMAn OFFERS
A LIMITED WARRAnTY TO YOU FOR YOUR USE OF
THE PRODUCT AS DEFInED BY THE HARMAn LIMI-
TED WARRAnTY InCLUDED WITH THE PRODUCT
(“LIMITED WARRAnTY”). THIS AGREEMEnT DOES
nOT COnTAIn OR COnSTITUTE A nEW OR SEPA-
RATE WARRAnTY REGARDInG THE PRODUCT OR
SOFTWARE AND DOES NOT MODIFY OR EXTEND
THE LIMITED WARRAnTY. THIS AGREEMEnT DOES
nOT: (I) PROVIDE YOU AnY ADDITIOnAL REMEDIES;
OR (II) CONSTITUTE A MODIFICATION OR EXTEN-
SIOn OF THE REMEDIES AVAILABLE TO YOU AS SET
FORTH In THE LIMITED WARRAnTY.
THE PRODUCT AS DEFInED BY THE HARMAn LIMI-
TED WARRAnTY InCLUDED WITH THE PRODUCT
(“LIMITED WARRAnTY”). THIS AGREEMEnT DOES
nOT COnTAIn OR COnSTITUTE A nEW OR SEPA-
RATE WARRAnTY REGARDInG THE PRODUCT OR
SOFTWARE AND DOES NOT MODIFY OR EXTEND
THE LIMITED WARRAnTY. THIS AGREEMEnT DOES
nOT: (I) PROVIDE YOU AnY ADDITIOnAL REMEDIES;
OR (II) CONSTITUTE A MODIFICATION OR EXTEN-
SIOn OF THE REMEDIES AVAILABLE TO YOU AS SET
FORTH In THE LIMITED WARRAnTY.
6. DISCLAIMER OF WARRANTIES. TO THE MAXI-
MUM EXTENT PERMITTED BY APPLICABLE LAW,
HARMAn PROVIDES THE SOFTWARE “AS IS” AnD
WITHOUT WARRAnTY. HARMAn DISCLAIMS ALL
COMMOn LAW AnD STATUTORY WARRAnTIES AS
TO THE COnDITIOn, QUALITY, FITnESS, MAInTE-
nAnCE AnD USE OF THE SOFTWARE, InCLUDInG
AnD WITHOUT LIMITATIOn, THE WARRAnTIES OF
MERCHAnTABILITY, FITnESS FOR AnY PARTICULAR
PURPOSE OR nOn-InFRInGEMEnT OF THIRD PAR-
TY InTELLECTUAL PROPERTY RIGHTS. nO HARMAn
DEALER, AGEnT OR EMPLOYEE IS AUTHORIZED TO
CREATE, MODIFY, EXTEND OR OTHERWISE MAKE
AnY WARRAnTY On BEHALF OF HARMAn.
HARMAn PROVIDES THE SOFTWARE “AS IS” AnD
WITHOUT WARRAnTY. HARMAn DISCLAIMS ALL
COMMOn LAW AnD STATUTORY WARRAnTIES AS
TO THE COnDITIOn, QUALITY, FITnESS, MAInTE-
nAnCE AnD USE OF THE SOFTWARE, InCLUDInG
AnD WITHOUT LIMITATIOn, THE WARRAnTIES OF
MERCHAnTABILITY, FITnESS FOR AnY PARTICULAR
PURPOSE OR nOn-InFRInGEMEnT OF THIRD PAR-
TY InTELLECTUAL PROPERTY RIGHTS. nO HARMAn
DEALER, AGEnT OR EMPLOYEE IS AUTHORIZED TO
CREATE, MODIFY, EXTEND OR OTHERWISE MAKE
AnY WARRAnTY On BEHALF OF HARMAn.
7. LIMITATION OF LIABILITY. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVEnT WILL HARMAn, InCLUDInG ITS PAREnT
COMPAnY, AFFILIATES, EQUITY HOLDERS,
DIRECTORS, OFFI CERS, EMPLOYEES AnD AGEnTS,
OR ITS SUPPLIERS BE LIABLE TO YOU OR AnY
THIRD-PARTY FOR AnY InCIDEnTAL, InDIRECT,
SPECIAL, REMOTE, EXEMPLARY, PUNITIVE OR
COnSEQUEnTIAL DAMAGES, InCLUDInG AnD
WITHOUT LIMITATIOn, COSTS OF PROCUREMEnT
OF SUBSTITUTE OR REPLACEMEnT PRODUCTS,
LOSS OF InFORMATIOn, DATA OR COnTEnT, LOSS
OF REVEnUE OR PROFITS OR ATTORnEY’S FEES,
ARISInG FROM OR CAUSED BY, DIRECTLY OR InDI-
RECTLY, THE SALE OR USE OF OR InABILITY TO USE
THE SOFTWARE OR PRODUCT, REGARDLESS OF
THE FORM OF ACTIOn, WHETHER In COnTRACT,
TORT, STRICT LIABILITY OR OTHERWISE AT LAW OR
In EQUITY, EVEn IF HARMAn HAS BEEn ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THIS
LIMITATIOn SHALL BE EFFECTIVE EVEn IF AnY
REMEDY In THIS AGREEMEnT OR OTHERWISE
PROVIDED BY HARMAn FAILS OF ITS ESSEn-
TIAL PURPOSE. TO THE EXTENT PERMITTED BY
APPLICABLE LAW, In nO EVEnT WILL HARMAn’S
TOTAL AnD AGGREGATE LIABILITY FOR AnY AnD
ALL CLAIMS UnDER THIS AGREEMEnT OR ARISInG
FROM THE SOFTWARE, REGARDLESS OF THE FORM
OF ACTIOn, WHETHER In COnTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, AT LAW OR In EQUITY,
EXCEED THE PURCHASE PRICE OF THE PRODUCT.
EVEnT WILL HARMAn, InCLUDInG ITS PAREnT
COMPAnY, AFFILIATES, EQUITY HOLDERS,
DIRECTORS, OFFI CERS, EMPLOYEES AnD AGEnTS,
OR ITS SUPPLIERS BE LIABLE TO YOU OR AnY
THIRD-PARTY FOR AnY InCIDEnTAL, InDIRECT,
SPECIAL, REMOTE, EXEMPLARY, PUNITIVE OR
COnSEQUEnTIAL DAMAGES, InCLUDInG AnD
WITHOUT LIMITATIOn, COSTS OF PROCUREMEnT
OF SUBSTITUTE OR REPLACEMEnT PRODUCTS,
LOSS OF InFORMATIOn, DATA OR COnTEnT, LOSS
OF REVEnUE OR PROFITS OR ATTORnEY’S FEES,
ARISInG FROM OR CAUSED BY, DIRECTLY OR InDI-
RECTLY, THE SALE OR USE OF OR InABILITY TO USE
THE SOFTWARE OR PRODUCT, REGARDLESS OF
THE FORM OF ACTIOn, WHETHER In COnTRACT,
TORT, STRICT LIABILITY OR OTHERWISE AT LAW OR
In EQUITY, EVEn IF HARMAn HAS BEEn ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THIS
LIMITATIOn SHALL BE EFFECTIVE EVEn IF AnY
REMEDY In THIS AGREEMEnT OR OTHERWISE
PROVIDED BY HARMAn FAILS OF ITS ESSEn-
TIAL PURPOSE. TO THE EXTENT PERMITTED BY
APPLICABLE LAW, In nO EVEnT WILL HARMAn’S
TOTAL AnD AGGREGATE LIABILITY FOR AnY AnD
ALL CLAIMS UnDER THIS AGREEMEnT OR ARISInG
FROM THE SOFTWARE, REGARDLESS OF THE FORM
OF ACTIOn, WHETHER In COnTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, AT LAW OR In EQUITY,
EXCEED THE PURCHASE PRICE OF THE PRODUCT.
8. Irreparable Harm. You agree that Your breach
or threatened breach of any provision of this
Agreement will cause irreparable harm to Harman
for which a remedy at law would be inadequate.
Harman is entitled to seek all available remedies
at law and in equity, including injunctive relief, to
enforce any provision of this Agreement and to
restrain You from adapting, disclosing, distributing,
modifying, publishing, transferring, using or othe-
rwise disposing of the Software, in whole or in part,
directly or indirectly, in breach of this Agreement.
Agreement will cause irreparable harm to Harman
for which a remedy at law would be inadequate.
Harman is entitled to seek all available remedies
at law and in equity, including injunctive relief, to
enforce any provision of this Agreement and to
restrain You from adapting, disclosing, distributing,
modifying, publishing, transferring, using or othe-
rwise disposing of the Software, in whole or in part,
directly or indirectly, in breach of this Agreement.
9. U.S. Government Restricted Rights. Use, duplication
and disclosure by the U.S. Government is subject to
restrictions set forth in this Agreement.
restrictions set forth in this Agreement.
10. Export Restrictions. You will obey the laws and
regulations of the United States governing exports
and re-exports of the Product and/or Software.
and re-exports of the Product and/or Software.
11. Governing Law. This Agreement shall be governed
by and construed in accordance with the substan-
tive laws of the state of new York, excluding all
applicable laws pertaining to conflicts of law and
the United nations Convention on Contracts for the
International Sale of Goods.
tive laws of the state of new York, excluding all
applicable laws pertaining to conflicts of law and
the United nations Convention on Contracts for the
International Sale of Goods.
12. Limitation of Transfer. The Software and this license
to use the Software is transferable, provided that:
(i) all Software updates are included in the transfer;
(ii) You do not retain a copy of the Software; (iii)
You transfer the Software upon and as an intact
part of a permanent and permissible transfer of the
Product; and (iv) the transferee agrees to be bound
by the terms and conditions of this Agreement in
connection with the use of the Product. The terms
and conditions of this Agreement will bind and
inure to the benefit of such permitted transferees.
(i) all Software updates are included in the transfer;
(ii) You do not retain a copy of the Software; (iii)
You transfer the Software upon and as an intact
part of a permanent and permissible transfer of the
Product; and (iv) the transferee agrees to be bound
by the terms and conditions of this Agreement in
connection with the use of the Product. The terms
and conditions of this Agreement will bind and
inure to the benefit of such permitted transferees.
13. Survival. Sections 3, 4, 6, 7, 11 and 13 will survive
the termination and expiration of this Agreement.
14. Entire Agreement. This Agreement is the complete
and final agreement between You and Harman with
respect to the subject matter of this Agreement. To
the extent that any terms of any Harman policies
or programs for support services conflict with the
terms of this Agreement, the terms of this Agree-
ment shall control.
respect to the subject matter of this Agreement. To
the extent that any terms of any Harman policies
or programs for support services conflict with the
terms of this Agreement, the terms of this Agree-
ment shall control.
15. Severability. If any court or other tribunal of compe-
tent jurisdiction finds or holds any provision of this
Agreement to be void, invalid, illegal or otherwise
unenforceable the remaining provisions of this
Agreement will remain in full force and effect.
Agreement to be void, invalid, illegal or otherwise
unenforceable the remaining provisions of this
Agreement will remain in full force and effect.
16. Copyright notices, Attributions and Licenses. Some
of Harman’s licensors require the reproduction of
certain copyright notices and authorship attribution
in Harman’s documentation. Such notices, attribu-
tions and licenses are as follows:
LAME-3.93.1. © 2002 Steve Lhomme. Steve.
[email protected] The Software contained in the
Product uses the LAME software. LAME is licensed
to Harman and You under the GnU Lesser General
Public License – Version 2.1, see below for license
terms. Harman does not modify the LAME software.
For more information visit http://www.mp3dev.org.
certain copyright notices and authorship attribution
in Harman’s documentation. Such notices, attribu-
tions and licenses are as follows:
LAME-3.93.1. © 2002 Steve Lhomme. Steve.
[email protected] The Software contained in the
Product uses the LAME software. LAME is licensed
to Harman and You under the GnU Lesser General
Public License – Version 2.1, see below for license
terms. Harman does not modify the LAME software.
For more information visit http://www.mp3dev.org.
Eula
END-USER LICENSE AGREEMENT (EULA)
IMPORTANT. READ CAREFULLY. THIS END-USER LICENSE AGREEMENT (“AGREEMENT”) DEFINES THE LEGAL
AGREEMENT BETWEEN YOU (INDIVIDUAL OR ENTITY) AND HARMAN CONSUMER GROUP, INC. (“HARMAN”).
YOU ARE PERMITTED TO USE THE DMC1000 (“PRODUCT”) AND THE SOFTWARE CONTAINED AND EMBEDDED
IN THE PRODUCT (“SOFTWARE”) ONLY IF YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN
THIS AGREEMENT. BY USING THE PRODUCT AND SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS
AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND, YOU MUST STOP USING THE
PRODUCT AND SOFTWARE. YOU AND HARMAN AGREE AS FOLLOWS:
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