Harman Kardon DMC 1000 Owner's Manual

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Harman Kardon DMC 1000 Owner's Manual Manual pdf 41 page image

41EULA1. Grant of License. Subject to the restrictions defined in this Agreement, You are permittedto use the Software solely as a part of and in connection with your use of the Product forpersonal entertainment and enjoyment purposes.2. License Restrictions. You will not, or assist or direct any third person to: (i) extract, sepa-rate, remove or otherwise copy the Software; (ii) disassemble, decompile, reverse engineeror otherwise convert any part of the Software to source code or a human-perceivableform; (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 andpermissible transfer of the Product; or (v) use the Software with any other product or forany other purpose.3. Ownership of Software. The Software consists of Harman’s proprietary software and soft-ware obtained from third-party licensors. You acknowledge that the Software is the soleproperty of Harman and its licensors. Harman and its licensors retain all rights, title andinterest in and to the Software, including any and all modifications, updates, derivativeworks and all associated intellectual property rights therein. Except as expressly granted toYou under the terms of this Agreement, Harman does not grant You any right, title or interestin 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 actionto jeopardize, limit or interfere in any manner with Harman’s or its licensors’ ownership ofthe Software. Harman reserves the sole and exclusive right at its discretion to assert claimsagainst third parties for infringement or misappropriation of its intellectual property rights inthe Software.4. Termination. This Agreement is effective until terminated by Harman. Your rights to use theProduct and Software will automatically terminate, with or without notice, upon any violationor breach of this Agreement by You, in which case you will immediately stop all use of theProduct and Software..5. SEPARATE LIMITED WARRANTY. HARMAN OFFERS A LIMITED WARRANTY TO YOUFOR YOUR USE OF THE PRODUCT AS DEFINED BY THE HARMAN LIMITED WARRANTYINCLUDED WITH THE PRODUCT (“LIMITED WARRANTY”). THIS AGREEMENT DOES NOTCONTAIN OR CONSTITUTE A NEW OR SEPARATE WARRANTY REGARDING THE PRODUCTOR SOFTWARE AND DOES NOT MODIFY OR EXTEND THE LIMITED WARRANTY. THISAGREEMENT DOES NOT: (I) PROVIDE YOU ANY ADDITIONAL REMEDIES; OR (II) CONSTITUTEA MODIFICATION OR EXTENSION OF THE REMEDIES AVAILABLE TO YOU AS SET FORTHIN THE LIMITED WARRANTY.6. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLELAW, HARMAN PROVIDES THE SOFTWARE “AS IS” AND WITHOUT WARRANTY. HARMANDISCLAIMS ALL COMMON LAW AND STATUTORY WARRANTIES AS TO THE CONDITION,QUALITY, FITNESS, MAINTENANCE AND USE OF THE SOFTWARE, INCLUDING ANDWITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANYPARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY INTELLECTUALPROPERTY RIGHTS. NO HARMAN DEALER, AGENT OR EMPLOYEE IS AUTHORIZED TOCREATE, MODIFY, EXTEND OR OTHERWISE MAKE ANY WARRANTY ON BEHALF OFHARMAN.7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLELAW, IN NO EVENT WILL HARMAN, INCLUDING ITS PARENT COMPANY, AFFILIATES,EQUITY HOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ITS SUPPLIERSBE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL,REMOTE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING ANDWITHOUT LIMITATION, COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENTPRODUCTS, LOSS OF INFORMATION, DATA OR CONTENT, LOSS OF REVENUE OR PROFITSOR ATTORNEY’S FEES, ARISING FROM OR CAUSED BY, DIRECTLY OR INDIRECTLY, THESALE OR USE OF OR INABILITY TO USE THE SOFTWARE OR PRODUCT, REGARDLESSOF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OROTHERWISE AT LAW OR IN EQUITY, EVEN IF HARMAN HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL BE EFFECTIVE EVEN IF ANYREMEDY IN THIS AGREEMENT OR OTHERWISE PROVIDED BY HARMAN FAILS OF ITSESSENTIAL PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NOEVENT WILL HARMAN’S TOTAL AND AGGREGATE LIABILITY FOR ANY AND ALL CLAIMSUNDER THIS AGREEMENT OR ARISING FROM THE SOFTWARE, REGARDLESS OF THEFORM 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 ofthis Agreement will cause irreparable harm to Harman for which a remedy at law would beinadequate. Harman is entitled to seek all available remedies at law and in equity, includinginjunctive relief, to enforce any provision of this Agreement and to restrain You from adapting,disclosing, distributing, modifying, publishing, transferring, using or otherwise disposing ofthe 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.10. Export Restrictions. You will obey the laws and regulations of the United States governingexports and re-exports of the Product and/or Software.11. Governing Law. This Agreement shall be governed by and construed in accordance with thesubstantive laws of the state of New York, excluding all applicable laws pertaining to conflictsof 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 retaina copy of the Software; (iii) You transfer the Software upon and as an intact part of apermanent and permissible transfer of the Product; and (iv) the transferee agrees to bebound by the terms and conditions of this Agreement in connection with the use of theProduct. The terms and conditions of this Agreement will bind and inure to the benefitof such permitted transferees.13. Survival. Sections 3, 4, 6, 7, 11 and 13 will survive the termination and expiration ofthis Agreement.14. Entire Agreement. This Agreement is the complete and final agreement between Youand Harman with respect to the subject matter of this Agreement. To the extent that anyterms of any Harman policies or programs for support services conflict with the terms ofthis Agreement, the terms of this Agreement shall control.15. Severability. If any court or other tribunal of competent jurisdiction finds or holds anyprovision of this Agreement to be void, invalid, illegal or otherwise unenforceable theremaining provisions of this Agreement will remain in full force and effect.16. Copyright Notices, Attributions and Licenses. Some of Harman’s licensors requirethe reproduction of certain copyright notices and authorship attribution in Harman’s documen-tation. Such notices, attributions and licenses are as follows:LAME-3.93.1. © 2002 Steve Lhomme.Steve.lhomme@free.fr The Software containedin the Product uses the LAME software. LAME is licensed to Harman and You under theGNU Lesser General Public License – Version 2.1, see below for license terms. Harmandoes not modify the LAME software. For more information visithttp://www.mp3dev.org.Libtar-1.2.11. © 1998-2003 University of Illinois Board of Trustees, © 1998-2003 MarkD. Rothall. All rights reserved. http://www.feep.net/libtar. Redistribution and use in sourceand binary forms, with or without modification, are permitted provided that the followingconditions are met: (1) Redistributions of source code must retain the above copyrightnotice, this list of conditions and the following disclaimer; (2) Redistributions in binary formmust reproduce the above copyright notice, this list of conditions and the followingdisclaimer in the documentation and/or other materials provided with the distribution;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 ANDCONDITIONS CONTAINED IN THIS AGREEMENT. BY USING THE PRODUCT AND SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMSAND 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: