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Terms and Conditions
What follows below is a WAVES Software License, a legal agreements between you, the end user (whether an individual or an entity), and Waves Audio Ltd, the owner, and operator of the Software ("WAVES").
YOUR USE OF THE SOFTWARE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STEAM™ SUBSCRIBER AGREEMENT.
IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I ACCEPT” to install the Software and to indicate your acceptance of these terms and your understanding of the conditions of use of the Software.
IF YOU DO NOT AGREE TO THE TERNS OF THE AGREEMENT, DO NOT INDICATE YOUR ACCEPTANCE OF THE TERMS.
WAVES SOFTWARE LICENSE
1. GRANT OF LICENSE. Subject to the terms of Clause 2 below, this Waves License Agreement permits you to use one copy of the specified version of the Waves game software ("SOFTWARE") on any single device ("Device"), provided the SOFTWARE is in use on only one device at any time solely for your personal non-commercial use ("LICENSE").
2. COPYRIGHT. WAVES owns the SOFTWARE and all trade secrets, copyrights, patents and other intellectual property rights therein (other than open source, or intellectual property rights licensed from third parties, all as set forth at www.waves.com/legal/legal-notices). Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording), except that you may transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the SOFTWARE All other rights
not expressly provided herein are hereby reserved by Waves.
3. OTHER RESTRICTIONS. You may not sub-license the SOFTWARE, but you may transfer ("Transfer") your rights under this Waves License Agreement on a permanent basis provided you Transfer this License Agreement, the SOFTWARE, and all accompanying written materials, retain no copies, and provided that the recipient agrees to the terms of this Agreement.
You hereby undertake that you will not, and will not permit or authorize third parties to use the Software in any way that:
a) Modify or prepare derivative works of the SOFTWARE;
b) Copy the SOFTWARE, other than as specifically set forth herein;
c) (i) is defamatory, abusive, harassing, threatening, racially, or constitute an invasion of a right of privacy of another person, or otherwise offensive, violent, vulgar, obscene, or otherwise harms or can reasonably be expected to harm any person or entity; (ii) is illegal or encourages or advocates illegal activity; (iii) posts or transmits any communication or solicitation designed or intended to obtain password, account, or private information from any third party; (v) contains viruses, trojan horse, worm, or any other computer programs designed to interrupt, destroy, or limit the functionality of the services or any system, computer software, hardware or telecommunications equipment; (vi) create a false identity or impersonate another person; (vii) “stalks” or otherwise harasses another or is antisocial, disruptive, or destructive, including “flaming“, “spamming“, “flooding“, “trolling“, and “griefing“ as those terms are commonly understood and used on the internet; or (viii) violates any applicable local, state, national or international law or regulation.
In addition you will not, and will not permit or authorize third parties to: (i) take any action intended to circumvent or disable the operation of any security feature or measure of the Software; (ii) decompile, reverse engineer, disassemble, enhance, or otherwise make any attempt to discover the source code of the Software; or (iii) access the Software via automated means, including by crawling, scraping, caching or otherwise (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent).
Any Transfer of the SOFTWARE must include the most recent update and all prior versions.
4. UPDATES. If the SOFTWARE is an update to a previous version (the "UPDATE"), you must possess a valid License for the previous version, in order to use the Update. All Updates are provided to you on a "license exchange" basis and you agree that by using an Update, you no longer have a License to use any previous version of the SOFTWARE.
5. PERSONAL INFORMATION. None of your or data shall be collected, kept or transferred to any third party as a result of using the Software.
6. LIMITED WARRANTY
LIMITED WARRANTY. WAVES warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt; and (b) any hardware accompanying the SOFTWARE will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of receipt. Any implied warranties on the SOFTWARE and hardware are limited to ninety (90) days and one (1) year, respectively. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
CUSTOMER REMEDIES. WAVES' entire liability and your exclusive remedy shall be, at WAVES' option, either (a) return of the price paid or (b) repair or replacement of the SOFTWARE or hardware that does not meet WAVES' Limited Warranty and that is returned to WAVES with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any product support services offered by WAVES are available for this U.S.A. Version product outside of the United States of America.
NO OTHER WARRANTIES. WAVES disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the SOFTWARE, the accompanying written materials, and any accompanying hardware. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.
7. NO LIABILITY FOR DAMAGES. In no event shall WAVES, its suppliers, distributors or licensors, be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, incidental, or consequential damages, or damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use this WAVES product, or arising out of any support which WAVES may extend to you, even if WAVES has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you; in such a case, then the aggregate liability for any claims, losses or damages shall not exceed US $2,500.
The foregoing limitation of liability is complete and exclusive, shall apply even if WAVES has been advised of the possibility of claims, losses, or damages exceeding such limit, and shall apply regardless of the success or effectiveness of any other remedies possessed by WAVES. The limitation of liability reflects an allocation of risk between you and WAVES.
8. GENERAL PROVISIONS
Israeli law shall govern the interpretation and enforceability of this Agreement, and any dispute hereunder shall be adjudicated in the sole and exclusive jurisdiction of the competent court of Tel Aviv, Israel If any provision of this Agreement is held to be unenforceable, then such provision shall be deemed stricken from this Agreement and the remaining provisions shall be enforced in accordance with their terms. In the absence of a written agreement signed by you and WAVES, this Agreement shall be the sole and complete agreement between you and WAVES, regarding the SOFTWARE. This Agreement expressly supersedes and replaces any other license agreement for the SOFTWARE, including but not limited to any agreement appearing in any user's manual, unless a subsequent agreement for the SOFTWARE is in writing and signed by both you and an authorized WAVES representative.
9. PRODUCT LABELING
You agree not to use any trademarks, brand names or logos of Waves, or that accompany the SOFTWARE, without the prior written consent of WAVES.
10. NO OBLIGATION TO ENFORCE
Nothing contained in this Agreement shall be construed as imposing on WAVES any obligation to acquire, maintain, or file or defend any suit or action regarding the validity or infringement of, any WAVES intellectual property licensed hereunder.
11. NO WAIVER
The waiver by either party of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or different provision.
12. SEVERABILITY
In the event that any provision of this Agreement is determined to be invalid, unenforceable or unlawful, such invalidity, unenforceability or unlawfulness shall not effect any other provisions of this Agreement, and the Agreement shall be construed as if the challenged provision had never been contained herein.
13. NO SUPPORT OBLIGATION
WAVES is not obligated to furnish or make available to you any further information, software, technical information, know-how, or support. In the event that WAVES does extend any of the same, WAVES shall not be liable for any damage, howsoever caused. WAVES reserves the right to make changes to the SOFTWARE, and all materials provided hereunder, without further notice.
What follows below is a WAVES Software License, a legal agreements between you, the end user (whether an individual or an entity), and Waves Audio Ltd, the owner, and operator of the Software ("WAVES").
YOUR USE OF THE SOFTWARE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STEAM™ SUBSCRIBER AGREEMENT.
IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I ACCEPT” to install the Software and to indicate your acceptance of these terms and your understanding of the conditions of use of the Software.
IF YOU DO NOT AGREE TO THE TERNS OF THE AGREEMENT, DO NOT INDICATE YOUR ACCEPTANCE OF THE TERMS.
WAVES SOFTWARE LICENSE
1. GRANT OF LICENSE. Subject to the terms of Clause 2 below, this Waves License Agreement permits you to use one copy of the specified version of the Waves game software ("SOFTWARE") on any single device ("Device"), provided the SOFTWARE is in use on only one device at any time solely for your personal non-commercial use ("LICENSE").
2. COPYRIGHT. WAVES owns the SOFTWARE and all trade secrets, copyrights, patents and other intellectual property rights therein (other than open source, or intellectual property rights licensed from third parties, all as set forth at www.waves.com/legal/legal-notices). Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording), except that you may transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the SOFTWARE All other rights
not expressly provided herein are hereby reserved by Waves.
3. OTHER RESTRICTIONS. You may not sub-license the SOFTWARE, but you may transfer ("Transfer") your rights under this Waves License Agreement on a permanent basis provided you Transfer this License Agreement, the SOFTWARE, and all accompanying written materials, retain no copies, and provided that the recipient agrees to the terms of this Agreement.
You hereby undertake that you will not, and will not permit or authorize third parties to use the Software in any way that:
a) Modify or prepare derivative works of the SOFTWARE;
b) Copy the SOFTWARE, other than as specifically set forth herein;
c) (i) is defamatory, abusive, harassing, threatening, racially, or constitute an invasion of a right of privacy of another person, or otherwise offensive, violent, vulgar, obscene, or otherwise harms or can reasonably be expected to harm any person or entity; (ii) is illegal or encourages or advocates illegal activity; (iii) posts or transmits any communication or solicitation designed or intended to obtain password, account, or private information from any third party; (v) contains viruses, trojan horse, worm, or any other computer programs designed to interrupt, destroy, or limit the functionality of the services or any system, computer software, hardware or telecommunications equipment; (vi) create a false identity or impersonate another person; (vii) “stalks” or otherwise harasses another or is antisocial, disruptive, or destructive, including “flaming“, “spamming“, “flooding“, “trolling“, and “griefing“ as those terms are commonly understood and used on the internet; or (viii) violates any applicable local, state, national or international law or regulation.
In addition you will not, and will not permit or authorize third parties to: (i) take any action intended to circumvent or disable the operation of any security feature or measure of the Software; (ii) decompile, reverse engineer, disassemble, enhance, or otherwise make any attempt to discover the source code of the Software; or (iii) access the Software via automated means, including by crawling, scraping, caching or otherwise (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent).
Any Transfer of the SOFTWARE must include the most recent update and all prior versions.
4. UPDATES. If the SOFTWARE is an update to a previous version (the "UPDATE"), you must possess a valid License for the previous version, in order to use the Update. All Updates are provided to you on a "license exchange" basis and you agree that by using an Update, you no longer have a License to use any previous version of the SOFTWARE.
5. PERSONAL INFORMATION. None of your or data shall be collected, kept or transferred to any third party as a result of using the Software.
6. LIMITED WARRANTY
LIMITED WARRANTY. WAVES warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt; and (b) any hardware accompanying the SOFTWARE will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of receipt. Any implied warranties on the SOFTWARE and hardware are limited to ninety (90) days and one (1) year, respectively. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
CUSTOMER REMEDIES. WAVES' entire liability and your exclusive remedy shall be, at WAVES' option, either (a) return of the price paid or (b) repair or replacement of the SOFTWARE or hardware that does not meet WAVES' Limited Warranty and that is returned to WAVES with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any product support services offered by WAVES are available for this U.S.A. Version product outside of the United States of America.
NO OTHER WARRANTIES. WAVES disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the SOFTWARE, the accompanying written materials, and any accompanying hardware. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.
7. NO LIABILITY FOR DAMAGES. In no event shall WAVES, its suppliers, distributors or licensors, be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, incidental, or consequential damages, or damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use this WAVES product, or arising out of any support which WAVES may extend to you, even if WAVES has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you; in such a case, then the aggregate liability for any claims, losses or damages shall not exceed US $2,500.
The foregoing limitation of liability is complete and exclusive, shall apply even if WAVES has been advised of the possibility of claims, losses, or damages exceeding such limit, and shall apply regardless of the success or effectiveness of any other remedies possessed by WAVES. The limitation of liability reflects an allocation of risk between you and WAVES.
8. GENERAL PROVISIONS
Israeli law shall govern the interpretation and enforceability of this Agreement, and any dispute hereunder shall be adjudicated in the sole and exclusive jurisdiction of the competent court of Tel Aviv, Israel If any provision of this Agreement is held to be unenforceable, then such provision shall be deemed stricken from this Agreement and the remaining provisions shall be enforced in accordance with their terms. In the absence of a written agreement signed by you and WAVES, this Agreement shall be the sole and complete agreement between you and WAVES, regarding the SOFTWARE. This Agreement expressly supersedes and replaces any other license agreement for the SOFTWARE, including but not limited to any agreement appearing in any user's manual, unless a subsequent agreement for the SOFTWARE is in writing and signed by both you and an authorized WAVES representative.
9. PRODUCT LABELING
You agree not to use any trademarks, brand names or logos of Waves, or that accompany the SOFTWARE, without the prior written consent of WAVES.
10. NO OBLIGATION TO ENFORCE
Nothing contained in this Agreement shall be construed as imposing on WAVES any obligation to acquire, maintain, or file or defend any suit or action regarding the validity or infringement of, any WAVES intellectual property licensed hereunder.
11. NO WAIVER
The waiver by either party of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or different provision.
12. SEVERABILITY
In the event that any provision of this Agreement is determined to be invalid, unenforceable or unlawful, such invalidity, unenforceability or unlawfulness shall not effect any other provisions of this Agreement, and the Agreement shall be construed as if the challenged provision had never been contained herein.
13. NO SUPPORT OBLIGATION
WAVES is not obligated to furnish or make available to you any further information, software, technical information, know-how, or support. In the event that WAVES does extend any of the same, WAVES shall not be liable for any damage, howsoever caused. WAVES reserves the right to make changes to the SOFTWARE, and all materials provided hereunder, without further notice.