LICENSE AGREEMENT AND LIMITED WARRANTY
IMPORTANT – PLEASE READ THE TERMS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING ANY SOFTWARE OR SOFTWARE UPDATE. BY DOWNLOADING ANY SOFTWARE, FIRMWARE OR DOCUMENTATION YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU MAY NOT DOWNLOAD ANY SOFTWARE AND/OR PROGRAM, OR ONLINE DOCUMENTATION.
Bluesound International, a division of Lenbrook Industries Limited (« Bluesound »), furnishes this Bluesound Software [defined to include the software embedded in your Bluesound product (as updated from time to time) and any desktop or handheld application portions of the software] and accompanying documentation, and licenses their use to you as provided in this Agreement. Under this Agreement, Bluesound grants you a non-exclusive, non-transferable, non-sublicenseable, royalty-free limited license to use the Bluesound Software for the purpose of operating your Bluesound product and the related desktop or handheld device applications on any personal computer or handheld device owned or controlled by you. Except as described above, you may not transfer the Bluesound Software to any other computing device or remove the Bluesound Software from your Bluesound product. Notwithstanding any license granted herein by Bluesound, you acknowledge and agree that it is your sole responsibility to comply with U.S. and International copyright laws with respect to your use of the Bluesound Software. You agree not to modify, adapt, translate, reverse engineer, decompile, or disassemble the Bluesound Software or the Bluesound product, in whole or in part, except as expressly provided for in this agreement or upon Bluesound’s written request. In addition, you agree not to transfer or disclose the Bluesound Software, the accompanying online documentation or any program you develop from them in whole or in part, to any third party except upon Bluesound’s prior written approval. Finally, you agree not to use your Bluesound product in whole or in part for any purpose other than as outlined in the online documentation.
Except for the limited license granted herein, Bluesound and its suppliers hereby retain all right, title and interest in and to all worldwide intellectual property rights embodied in the Bluesound Software. All other rights are reserved by Bluesound.
Notwithstanding the foregoing license grant, you acknowledge that certain components of the Bluesound Software may be covered by third party software licenses (“Third Party Components”). To the extent required by the licenses covering Third Party Components, the terms of such licenses will apply in lieu of the terms of this Agreement. The various Third Party Components and their governing licenses are available at bluesound.com/open-source-software.
The license is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective, without notice from Bluesound, if you fail to comply with any terms of this License. Upon termination of this License you will cease all use of the Bluesound Software, and you will destroy the Bluesound Software and accompanying documentation and all copies you have made of them. In addition, upon termination you will have no recourse against Bluesound for your inability to use the program or accompanying documentation.
COMPLIANCE WITH COPYRIGHT LAWS
You acknowledge that Bluesound owns all right, title and interest, in all copyrights, trade secrets, and intellectual property related to your Bluesound product, the Bluesound Software and accompanying documentation.
Bluesound complies with U.S. and international copyright laws and in consideration of the license granted herein, you agree to do the same. You acknowledge that unauthorized copying or distribution of music or other content accessed using your Bluesound product is prohibited by such copyright laws, and you agree that you will not, directly or indirectly, copy or distribute any content without the express written authorization of the copyright holder. You agree to indemnify and hold harmless Bluesound and its licensors from and against any and all claims, suits, losses, damages, liabilities, costs and expenses incurred by Bluesound or its licensors arising out of or related to your failure to comply with the terms of this section.
THIRD PARTY CONTENT AND TECHNOLOGIES
From time to time, Bluesound may provide access to third party content providers via the Bluesound Product. In addition, Bluesound may support certain third party technologies, such as specific file formats. Bluesound reserves the right to discontinue access to and/or support for such third party content or technologies at any time, and for any reason. Bluesound makes no representations or warranties whatsoever regarding the selection of, or continuing support for, any such third party content or technologies.
Access to services provided by third parties requires Internet access and may require you to accept additional terms. You agree that Bluesound is not responsible for evaluating or examining any such third party services, technologies or related materials and that Bluesound will not have any liability to you, related to such services, technologies or related materials.
DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW:
(a) The Bluesound Software and services performed by the Bluesound Software are provided « As Is » with all faults and without warranty of any kind. Bluesound does not warrant against interference with your enjoyment of the Bluesound Software, that the Bluesound Software and related services will meet your requirements or that the Bluesound Software and related services will be uninterrupted or error free.
(b) Bluesound does not warrant that any defects in the Bluesound Software will be corrected or that the Bluesound Software will be compatible or work with any third party software, applications or third party services.
(c) The Bluesound Software and related services are at your risk and the entire risk as to satisfactory quality, performance, accuracy and effort is yours.
LIMITATION OF LIABILITY
To the extent not prohibited by law, in no event will Bluesound or its suppliers be liable for personal injury or any damages whatsoever, including but not limited to, incidental, special, consequential, exemplary, or indirect damages, and including but not limited to, cost of cover, loss of data, loss of profits, business interruption, loss of business information, or other pecuniary loss arising from the use of (or inability to use) the product, no matter how caused and on any theory of liability. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you, but they shall apply to the maximum extent permitted by law. In no event shall Bluesound’s total liability to you for all damages in any one or more causes of action exceed the lesser of the amount paid by you for your Bluesound product and US$500. The limitations outlined here will apply even if Bluesound, its suppliers or dealers have been advised of the possibility of such damage or of any type of use intended by you. These limitations shall apply notwithstanding the failure of essential purpose of any limited remedy. You acknowledge that these limitations reflect a reasonable allocation of risk.
GD3 DATA NOTICE
To the extent that the Bluesound Software contains functionality from GD3 Data, you agree to be bound by the terms of the GD3 Software License Agreement, which can be found at http://www.getdigitaldata.com/GD3EULAAgreement.pdf Any use of the Bluesound Software or Bluesound product that does not comply with the GD3 Software License Agreement is prohibited and will result in the immediate termination of this license.
This product incorporates Spotify software which is subject to the third party licenses found here: https://developer.spotify.com/esdk-third-party-licenses.
CONTROLLING LAW AND SEVERABILITY
This License will be governed by and construed in accordance with the laws of the Province of Ontario. This license shall not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of the license shall remain in full force and effect.
I understand that, if I sign up to receive this firmware update by email, my name and email address may be provided to a third party business partner of the Company. I understand further that provision of my name and email is solely for the purpose of protecting the intellectual property of such third party, and that such third party will not further transfer my name and/or email or contact me for commercial purposes.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY IT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN YOU AND BLUESOUND CONCERNING YOUR BLUESOUND SOFTWARE AND ACCOMPANYING DOCUMENTATION AND THAT IT SUPERSEDES ANY DEMONSTRATION, ADVERTISEMENT, PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN BETWEEN YOU AND ANY OTHER PARTY RELATING TO YOUR BLUESOUND SOFTWARE AND ONLINE DOCUMENTATION.