This legal agreement is between Playfair Audio – Dipl.-Ing. Christian Luther (hereinafter “Playfair Audio”) and you, the end-user (hereinafter “Licensee”) for the use of software by Playfair Audio and all third-party software that accompanies this agreement, including any associated media and content (hereinafter “Licensed Software” or “Software”).
PLEASE READ THIS LICENSE CAREFULLY BEFORE INSTALLING AND/OR USING THE SOFTWARE. BY INSTALLING THE SOFTWARE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU MAY NOT INSTALL, COPY OR USE THE LICENSED SOFTWARE AND MUST DELETE ALL COPIES OF THE LICENSED SOFTWARE IN YOUR POSSESSION.
Third-Party Copy Protection
Playfair Audio grants you a personal, non-exclusive, and non-transferable license to use the Licensed Software on your devices in accordance with the terms of this license agreement. The license may be activated simultaneously on up to two activation locations associated to your iLok account as supported by the iLok License Manager, such as the iLok USB key, your local computer, or the iLok Cloud.
Licenses designated as “NFR” (not for resale) may only be used for demonstration, testing, and evaluation purposes. The resale and transfer of NFR licenses is strictly prohibited.
You are not permitted to:
- Edit, alter, modify, adapt, translate, or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
- Reproduce, copy, distribute, resell, or otherwise use the Software for any commercial purpose
- Allow any third party to use the Software on behalf of or for the benefit of any third party
- Use the Software in any way which breaches any applicable local, national, or international law
- Use the Software for any purpose that Playfair Audio considers a breach of this EULA agreement
Intellectual Property and Ownership
Playfair Audio shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Playfair Audio.
Playfair Audio reserves the right to grant licenses to use the Software to third parties.
This License Agreement is effective until terminated. You may terminate this License at any time by deleting all copies of the Licensed Software in your possession. To the extent permitted by law, Playfair Audio may terminate your license in the event of a serious breach to the present agreement.
The Licensed Software is provided “as-is”, without warranty of any kind, express or implied, including, but not limited to, any warranty of merchantability, usefulness, and fitness for any specific purpose. Playfair Audio does not guarantee that the functions of the software will meet personal requirements, that it is 100% error-free or that any bugs in the software will be corrected in future. The Licensee bears the entire risk of using the software and shall in no way claim Playfair Audio’s responsibility for damages incurred by its use or abuse, including (but not limited to) misinterpretation of the software’s documentation or functionality.
Unless otherwise agreed in the following, Playfair Audio shall not be liable for any direct or indirect damages of any kind, including, but not limited to, loss or corruption of data, loss of profit or revenue, interruption or loss of business, computer failure or malfunction, arising out of the use or inability to use the licensed software or otherwise.
The above restriction of liability shall not apply if the damages suffered are attributable to willful intent, gross negligence, or if the Licensee asserts claims under the Product Liability Act.
Should Playfair Audio violate a significant duty of the contract, the duty to compensate for material damages shall be restricted to those that are incurred typically.
This agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany.
If the Licensee is a consumer, any disputes shall be brought before a consumer conciliation board.
The European Commission provides an official website dedicated to helping consumers and traders resolve out-of-court disputes arising from the purchase of goods or services online. The Online Dispute Resolution website can be reached via the following link: http://ec.europa.eu/consumers/odr.
If a provision of this agreement is or becomes legally invalid or if there is any gap that needs to be filled, the validity of the remainder of the agreement shall not be affected thereby. Invalid provisions shall be replaced by common consent with such provisions which come as close as possible to the intended result of the invalid provision. In the event of gaps such provision shall come into force by common consent which comes as close as possible to the intended result of the agreement, should the matter have been considered in advance. Any changes of or amendments to this Agreement must be in writing to become effective.
This License constitutes the entire agreement between the parties with respect to the use of the Licensed Software and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Playfair Audio.
Copyright 2022 Playfair Audio