HOME > FIRMWARE UPGRADE > SHOCKWAFE ULTRA 9.2 DTS:X > SOFTWARE LICENSE AGREEMENT
SOFTWARE LICENSE AGREEMENT
FOR SHOCKWAFE ULTRA 9.2 DTS:X FIRMWARE UPGRADE
IMPORTANT - PLEASE READ THIS DOCUMENT CAREFULLY BEFORE DOWNLOADING ANY PROGRAM
This is a legal agreement between you and NAKAMICHI LLC (“NAKAMICHI”). This Agreement states the terms and conditions upon which NAKAMICHI offers to license the software together with all related documentation and accompanying items including, but not limited to, the executable programs, drivers, libraries and data files associated with such programs (collectively, the "SOFTWARE").
BY INSTALLING, COPYING, DOWNLOADING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR USE THE SOFTWARE.
No other use, copying or distribution of the SOFTWARE is permitted. Your use of the SOFTWARE shall be subject to restrictions and limitations as specified in this agreement. You cannot modify the SOFTWARE or disable any licensing or control features of the SOFTWARE directly.
YOU AGREE NOT TO MODIFY OR DISASSEMBLE THE SOFTWARE OR THE BUNDLED DOCUMENTATION, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT OR UPON NAKAMICHI PRIOR WRITTEN APPROVAL. IN ADDITION, YOU AGREE NOT TO TRANSFER, LICENSE OR DISCLOSE THE PROGRAM, THE BUNDLED DOCUMENTATION OR ANY SOFTWARE YOU DEVELOP FROM THEM, IN WHOLE OR IN PART, TO ANY THIRD PARTY EXCEPT UPON NAKAMICHI'S PRIOR WRITTEN APPROVAL. FINALLY, YOU AGREE NOT TO USE THE PROGRAM OR MATERIAL AND THE BUNDLED DOCUMENTATION, IN WHOLE OR IN PART FOR PROFIT AND ANY PURPOSE OTHER THAN AS OUTLINED IN THAT DOCUMENTATION.
2. EXCLUSION OF WARRANTIES
ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THE SOFTWARE IS PROVIDED FOR USE ONLY WITH NAKAMICHI’S HARDWARE THE SOFTWARE AND BUNDLED DOCUMENTATION ARE FURNISHED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. NAKAMICHI DO NOT WARRANT THAT THE SOFTWARE OR THE BUNDLED DOCUMENTATION WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. NAKAMICHI DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE AND ACCOMPANYING ONLINE DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO, ANY OR ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NON-INFRINGEMENT. NAKAMICHI IS NOT OBLIGATED TO PROVIDE ANY UPDATES OR UPGRADES TO THE SOFTWARE.
3. LIMITATION OF LIABILITY
THE SOFTWARE AND BUNDLED DOCUMENTATION ARE FURNISHED TO YOU FOR USE AT YOUR OWN RISK. NAKAMICHI WILL NOT BE LIABLE AND YOU WILL HAVE NO REMEDY FOR DAMAGES FOR ANY CLAIM OF ANY KIND WHATSOEVER CONCERNING YOUR USE OF THE SOFTWARE OR THE BUNDLED DOCUMENTATION, REGARDLESS OF LEGAL THEORY, AND WHETHER ARISING IN TORT OR CONTRACT. IN NO EVENT SHALL NAKAMICHI BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, LOSS OF DATA, OR FOR ANY OTHER REASON WHATSOEVER) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF NAKAMICHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. SUPPORT INFORMATION
Some jurisdictions may not allow exclusions or limitations of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you.
You acknowledge that as between you and NAKAMICHI, NAKAMICHI owns all right, title and interest, including but not limited to, all copyrights, trade secret and other intellectual property in and to the programs and accompanying online documentation. This Agreement will be governed by the laws of the United States and of the State of New York. If any part of this Agreement is held invalid or unenforceable, the other parts will remain valid.
Should you have any questions regarding this agreement and other products, please contact NAKAMICHI.
Save a copy of this Agreement to your hard drive or by printing it out for future reference.