LICENSE AGREEMENT
Read the terms of this license agreement and any provided supplemental
license terms (collectively "Agreement") carefully.
The software this license applies to is protected by copyright law and
other international legislation, regulations and agreements about
intellectual property. By installing, using or copying the software,
you agree to be bound by the terms of this Agreement.
1. LICENSE TO USE: Sennheiser electronic GmbH grants you a
non-exclusive and non-transferable license for the use of the
accompanying software and documentation (collectively "Software")
only to remote control Sennheiser Audio Equipment. You may not use
the Software with any hardware other than Sennheiser Equipment without
a separate written license agreement.
2. RESTRICTIONS: The Software is protected by intellectual property
rights. Title to Software and all associated intellectual property
rights including without limitation any modifications, enhancements
and revisions of the Software, is retained by Sennheiser and/or its
licensors. Unless enforcement is prohibited by applicable law, you
may not modify, decompile, or reverse engineer Software. No right,
title or interest in or to any trademark, service mark, logo or trade
name of Sennheiser or its licensors is granted under this Agreement.
3. DISCLAIMER OF WARRANTY: The Software is provided "AS IS". Without
limiting the foregoing, Sennheiser does not guarantee that the Software
is free of errors or will operate without bugs, viruses, loss of data
or interruptions. Your exclusive remedy and Sennheiserís entire
liability under this limited warranty will be replacement of the
Software by Sennheiser. All express or implied conditions,
representations and warranties, including any implied warranty of
merchantability, fitness for a particular purpose or non-infringement
are disclaimed by Sennheiser, except to the extent that these
disclaimers are held to be legally invalid.
4. LIMITATION OF LIABILITY: TO THE EXTENT NOT PROHIBITED BY LAW,
IN NO EVENT WILL SENNHEISER OR ITS LICENSORS BE LIABLE FOR ANY LOST
REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
INCIDENTAL OR PUNITIVE DAMAGES,
HOWEVER CAUSED REGARDLESS OF THE
THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR
INABILITY TO USE SOFTWARE, EVEN IF SENNHEISER HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL SENNHEISER'S LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR SOFTWARE UNDER THIS
AGREEMENT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE
STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.
Limitation of liability
To the extent not prohibited by law, in no event will sennheiser or its licensors be liable for any lost revenue,
profit or data, or for special; indirect; consequential, incidental or punitive damages.
USA; CANADA
In no event will sennheiser's liability to you, whether in contract, tort (including negligence) or otherwise
exceed the amount paid by you for the provided software.
EUROPE
Sennheiser shall only be liable, irrespective of the legal grounds, for direct damages caused by the intentional
or grossly negligent conduct of Sennheiser, its legal representatives or managerial employees. The liability shall
be limited to those damages, which must typically be expected by using the software offered by Sennheiser.
Any further liability shall be excluded.
Any liability of Sennheiser for damages arising from violation of life, body and health, from the assumption of
a guarantee or from a procurement risk as well as Sennheiser's liability for damages pursuant to the local
Product Liability Act shall remain unaffected.
5. TERMINATION: This Agreement is effective until terminated. You
may terminate this Agreement at any time by uninstalling Software
and destroying all copies of Software. This Agreement will terminate
immediately without notice from Sennheiser if you fail to comply with
any provision of this Agreement. Upon Termination, you must uninstall
Software and destroy all copies of Software.
Sennheiser electronic GmbH & Co. KG
Am Labor 1
D-30900 Wedemark, Germany
Tel.: +49 5130 600-0
Fax: +49 5130 600-300
www.sennheiser.com
Revision date: July 2007