IMPORTANT: BY USING THIS PRODUCT YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF THIS SOFTWARE LICENCE AGREEMENT AND THE AUTOGRAPH CONDITIONS OF USE. AUTOGRAPH’S CONDITIONS OF USE ARE SET OUT ON THE AUTOGRAPH WEBSITE AT www.signatureseries.biz
PLEASE READ THIS SOFTWARE LICENCE AGREEMENT (THE "LICENCE") CAREFULLY BEFORE USING YOUR AUTOGRAPH PRODUCT OR DOWNLOADING ANY SOFTWARE UPDATES. BY USING YOUR AUTOGRAPH PRODUCT OR DOWNLOADING ANY SOFTWARE UPDATES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENCE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENCE, DO NOT USE THIS PRODUCT OR DOWNLOAD OR INSTALL ANY SOFTWARE UPDATES. IF YOU DO NOT AGREE WITH THE TERMS OF THE LICENCE, YOU MAY RETURN THIS PRODUCT WITHIN SEVEN DAYS OF THE DATE YOU RECEIVED IT TO THE AUTHORISED DISTRIBUTOR OR RESELLER WHERE YOU PURCHASED IT FOR A REFUND, SUBJECT TO AUTOGRAPH’S PRODUCT RETURNS POLICY. BY DOWNLOADING, COPYING, INSTALLING OR OTHERWISE USING SOFTWARE UPDATES FROM AUTOGRAPH YOU AGREE TO BE BOUND BY ANY ADDITIONAL LICENCE TERMS THAT ACCOMPANY ANY SUCH UPDATES. IF YOU DO NOT AGREE TO THE ADDITIONAL LICENCE TERMS THAT ACCOMPANY SUCH UPDATES, YOU MAY NOT DOWNLOAD, COPY, INSTALL OR OTHERWISE USE SUCH UPDATES.
Autograph Sound Recording Ltd
Any product designed, manufactured, distributed or resold by Autograph including the Signature Series Products (which may be abbreviated to “SSP”). The term “product” includes both the hardware and its associated software, as defined below.
A legitimate user (hereinafter referred to as a “User”) is a person, or corporate entity or employee of a corporate entity who is:
the owner of a Product (following its original purchase from Autograph, or an authorised Autograph distributor or reseller, or its subsequent purchase from a legitimate owner) and has accepted the terms of this agreement
using a Product on loan from its owner, where the owner has given their express permission and ensured that the user does so only on condition that they first accept the terms of this agreement
using a Product under a rental agreement with its owner, where the owner has ensured that the user does so only on condition that they first accept the terms of this agreement
using a Product under a temporary evaluation arrangement with its owner (which may be Autograph or one of its authorised distributors or resellers), for a period determined by the owner, where the owner has ensured that the user does so only on condition that they first accept the terms of this agreement
The tangible elements of the Product
The operating software of the Product (whether in read only memory, on any other media or in any other form) supplied by Autograph whether installed at the factory or subsequently upgraded by yourself, an authorised Autograph distributor or reseller, or any other individual or organisation. It includes remote control software, documentation, data and any other software, including software updates, supplied by Autograph.
You agree that:
You, the User, are entitled to use all parts of the Software for the duration of the life of the Product.
If the Product is sold on to a third party a new user is entitled to the same use, that is to use all parts of the Software for the duration of the life of the Product, provided that they agree to all the terms of this Licence.
From time to time Autograph, or third parties authorised by Autograph, may make available software which by reason of third party licensing or specific extra cost of development or other reason, may be subject to additional charges for use. At its sole discretion Autograph may issue separate licence agreements regarding evaluation or use for such additional charge items. If Autograph does not issue a separate licence agreement with any additional charge item then the software embodied in that additional charge item will fall under the provisions of this Software Licence Agreement.
The Software must not be used for any illegal purposes and especially not for any use involving breach of copyright. The Software is not licensed for use in any life‐critical application. You acknowledge that the Autograph Software is not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the Autograph software or services could lead to death, personal injury, or severe physical or environmental damage. Any such use is entirely at the risk of the user and the user must hold Autograph harmless for any claim arising from such use.
You, the User, expressly acknowledge and agree that:
This Licence is effective until terminated. Breach of any terms of this Licence by an owner or user of a Product will automatically terminate the Licence. The Licence is also terminated if the Product is returned under warranty or in exchange for a full or partial refund or in exchange or part‐exchange for another product. Upon termination you will cease all use of the Software and destroy or return any copies of the Software to Autograph. Sections 1, 3, 4, 5, 6, 8, 9, 10 and 11 of this Licence shall survive any such termination.
Autograph will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under this Licence that are caused by an event outside of its reasonable control.
If Autograph fails, at any time during the term of this Licence, to insist upon strict performance of any of your obligations under this Licence, or if it fails to exercise any of the rights or remedies to which it is entitled under this Licence, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by Autograph of any default shall not constitute a waiver of any subsequent default.
No waiver by Autograph of any of the terms of this Licence shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any provision of this Licence is found void, invalid or unenforceable, it will not affect the validity of the balance of the Licence, which shall remain valid and enforceable according to its terms. In the event any remedy hereunder is determined to have failed of its essential purpose, all limitations of liability and exclusion of damages set forth herein shall remain in full force and effect.
This Licence constitutes the entire agreement between you, the User, and Autograph relating to the Software and supersedes all prior written agreements and verbal or written undertakings. Autograph will not be bound by any modification or amendment of this Licence unless it is in writing and signed by Autograph.
You acknowledge that, in agreeing to the terms of this Licence, you have not relied on any representation, undertaking or promise given or implied from anything said or written by Autograph or by an authorised Autograph distributor, reseller or representative prior to entering into this Licence except as expressly stated in this Licence.
In the event that any translation of this Licence (from its original in UK‐English language version) is carried out for different countries and there is a dispute between the UK‐English and any non UK‐English version, the UK‐English version of this Licence shall take precedence, to the extent not prohibited by local law in your jurisdiction.
This Licence shall be construed, interpreted, and governed by the laws of England. This Licence shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
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