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EULA 37
ENGLISH
1. Grant of License. Subject to the restrictions defined
in this Agreement, You are permitted to use the
Software solely as a part of and in connection with
your use of the Product for personal entertainment
and enjoyment purposes.
2. License Restrictions. You will not, or assist or direct
any third person to: (i) extract, separate, remove or
otherwise copy the Software; (ii) disassemble,
decompile, reverse engineer or otherwise convert
any part of the Software to source code or a
human-perceivable form; (iii) adapt, modify or cre-
ate a derivative work of the Software; (iv) distrib-
ute, encumber, lease, rent, sell, transmit, transfer, or
otherwise dispose of the Software, in whole or in
part, except You may transfer the Software upon
and as an intact part of a permanent and permissi-
ble transfer of the Product; or (v) use the Software
with any other product or for any other purpose.
3. Ownership of Software. The Software consists of
Harman’s proprietary software and software
obtained from third-party licensors. You acknowl-
edge that the Software is the sole property of
Harman and its licensors. Harman and its licensors
retain all rights, title and interest in and to the
Software, including any and all modifications,
updates, derivative works and all associated intel-
lectual property rights therein. Except as expressly
granted to You under the terms of this Agreement,
Harman does not grant You any right, title or inter-
est in or to the Software. You will not delete,
remove or otherwise alter any copyright, trade-
mark, confidentiality or other proprietary notice
appearing in the Software. You will not take any
action to jeopardize, limit or interfere in any man-
ner with Harman’s or its licensors’ ownership of the
Software. Harman reserves the sole and exclusive
right at its discretion to assert claims against third
parties for infringement or misappropriation of its
intellectual property rights in the Software.
4. Termination. This Agreement is effective until termi-
nated by Harman. Your rights to use the Product
and Software will automatically terminate, with or
without notice, upon any violation or breach of this
Agreement by You, in which case you will immedi-
ately stop all use of the Product and Software..
5. SEPARATE LIMITED WARRANTY. HARMAN OFFERS A
LIMITED WARRANTY TO YOU FOR YOUR USE OF
THE PRODUCT AS DEFINED BY THE HARMAN LIM-
ITED WARRANTY INCLUDED WITH THE PRODUCT
(“LIMITED WARRANTY”). THIS AGREEMENT DOES
NOT CONTAIN OR CONSTITUTE A NEW OR SEPA-
RATE WARRANTY REGARDING THE PRODUCT OR
SOFTWARE AND DOES NOT MODIFY OR EXTEND
THE LIMITED WARRANTY. THIS AGREEMENT DOES
NOT: (I) PROVIDE YOU ANY ADDITIONAL REME-
DIES; OR (II) CONSTITUTE A MODIFICATION OR
EXTENSION OF THE REMEDIES AVAILABLE TO YOU
AS SET FORTH IN THE LIMITED WARRANTY.
6. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, HAR-
MAN PROVIDES THE SOFTWARE “AS IS” AND
WITHOUT WARRANTY. HARMAN DISCLAIMS ALL
COMMON LAW AND STATUTORY WARRANTIES AS
TO THE CONDITION, QUALITY, FITNESS, MAINTE-
NANCE AND USE OF THE SOFTWARE, INCLUDING
AND WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR ANY PARTICU-
LAR PURPOSE OR NON-INFRINGEMENT OF THIRD
PARTY INTELLECTUAL PROPERTY RIGHTS. NO HAR-
MAN DEALER, AGENT OR EMPLOYEE IS AUTHOR-
IZED TO CREATE, MODIFY, EXTEND OR OTHERWISE
MAKE ANY WARRANTY ON BEHALF OF HARMAN.
7. LIMITATION OF LIABILITY. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT WILL HARMAN, INCLUDING ITS PARENT
COMPANY, AFFILIATES, EQUITY HOLDERS, DIREC-
TORS, OFFICERS, EMPLOYEES AND AGENTS, OR ITS
SUPPLIERS BE LIABLE TO YOU OR ANY THIRD-
PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL,
REMOTE, EXEMPLARY, PUNITIVE OR CONSEQUEN-
TIAL DAMAGES, INCLUDING AND WITHOUT LIMI-
TATION, COSTS OF PROCUREMENT OF SUBSTI-
TUTE OR REPLACEMENT PRODUCTS, LOSS OF
INFORMATION, DATA OR CONTENT, LOSS OF REV-
ENUE OR PROFITS OR ATTORNEY’S FEES, ARISING
FROM OR CAUSED BY, DIRECTLY OR INDIRECTLY,
THE SALE OR USE OF OR INABILITY TO USE THE
SOFTWARE OR PRODUCT, REGARDLESS OF THE
FORM OF ACTION, WHETHER IN CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE AT LAW OR IN
EQUITY, EVEN IF HARMAN HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITA-
TION SHALL BE EFFECTIVE EVEN IF ANY REMEDY
IN THIS AGREEMENT OR OTHERWISE PROVIDED BY
HARMAN FAILS OF ITS ESSENTIAL PURPOSE. TO
THE EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT WILL HARMAN’S TOTAL AND AGGRE-
GATE LIABILITY FOR ANY AND ALL CLAIMS UNDER
THIS AGREEMENT OR ARISING FROM THE SOFT-
WARE, REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT, STRICT LIABILITY
OR OTHERWISE, AT LAW OR IN EQUITY, EXCEED
THE PURCHASE PRICE OF THE PRODUCT.
8. Irreparable Harm. You agree that Your breach or
threatened breach of any provision of this
Agreement will cause irreparable harm to Harman
for which a remedy at law would be inadequate.
Harman is entitled to seek all available remedies at
law and in equity, including injunctive relief, to
enforce any provision of this Agreement and to
restrain You from adapting, disclosing, distributing,
modifying, publishing, transferring, using or other-
wise disposing of the Software, in whole or in part,
directly or indirectly, in breach of this Agreement.
9. U.S. Government Restricted Rights. Use, duplication
and disclosure by the U.S. Government is subject to
restrictions set forth in this Agreement.
10. Export Restrictions. You will obey the laws and reg-
ulations of the United States governing exports and
re-exports of the Product and/or Software.
11. Governing Law. This Agreement shall be governed
by and construed in accordance with the substan-
tive laws of the state of New York, excluding all
applicable laws pertaining to conflicts of law and
the United Nations Convention on Contracts for the
International Sale of Goods.
12. Limitation of Transfer. The Software and this license
to use the Software is transferable, provided that:
(i) all Software updates are included in the transfer;
(ii) You do not retain
a copy of the Software; (iii) You transfer the
Software upon and as an intact part of a perma-
nent and permissible transfer of the Product; and
(iv) the transferee agrees to be bound by the terms
and conditions of this Agreement in connection
with the use of the Product. The terms and condi-
tions of this Agreement will bind and inure to the
benefit of such permitted transferees.
13. Survival. Sections 3, 4, 6, 7, 11 and 13 will survive
the termination and expiration of
this Agreement.
14. Entire Agreement. This Agreement is the complete
and final agreement between You and Harman with
respect to the subject matter of this Agreement. To
the extent that any terms of any Harman policies or
programs for support services conflict with the
terms of this Agreement, the terms of this
Agreement shall control.
15. Severability. If any court or other tribunal of compe-
tent jurisdiction finds or holds any
provision of this Agreement to be void, invalid, ille-
gal or otherwise unenforceable the remaining pro-
visions of this Agreement will remain in full force
and effect.
Eula
END-USER LICENSE AGREEMENT (EULA)
IMPORTANT. READ CAREFULLY. THIS END-USER LICENSE AGREEMENT (“AGREEMENT”) DEFINES THE LEGAL
AGREEMENT BETWEEN YOU (INDIVIDUAL OR ENTITY) AND HARMAN CONSUMER GROUP, INC. (“HARMAN”).
YOU ARE PERMITTED TO USE THE DMC1000 (“PRODUCT”) AND THE SOFTWARE CONTAINED AND EMBEDDED
IN THE PRODUCT (“SOFTWARE”) ONLY IF YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN
THIS AGREEMENT. BY USING THE PRODUCT AND SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS
AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND, YOU MUST STOP USING THE
PRODUCT AND SOFTWARE. YOU AND HARMAN AGREE AS FOLLOWS:
2083124_HK_DMC_1000_OM_ENG.qxp:34241_DMC250_ENG 15/08/08 10:49 Side 37