Please read and make sure you understand the End User License Agreement before you download an install any software from this website. Scroll to the bottom of this page to continue.
ALLEN & HEATH END USER LICENCE AGREEMENT
IMPORTANT- PLEASE READ CAREFULLY: THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU ("YOU") AND ALLEN & HEATH LIMITED OF KERNICK INDUSTRIAL ESTATE, PENRYN, CORNWALL TR10 9LU ("ALLEN & HEATH") FOR THE ALLEN & HEATH SOFTWARE THAT ACCOMPANIES THIS EULA, WHICH INCLUDES COMPUTER SOFTWARE/ FIRMWARE AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MATERIALS, "ONLINE" OR ELECTRONIC DOCUMENTATION, AND INTERNET-BASED SERVICES ("SOFTWARE"). AN AMENDMENT OR ADDENDUM TO THIS EULA MAY ACCOMPANY THE SOFTWARE.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE.
If You do not agree to the following terms, or do not fulfil the requirements set out in this EULA, no license is granted hereunder and You may not use, install or download the Software (and any copies of the Software that You do hold must be deleted or destroyed).
1. GRANT OF LICENCE.
In exchange for You paying the price for the Software or product containing the Software, Allen & Heath grants to You the right to install and use one copy of the Software, for the purpose and in accordance with the directions set out in the documentation that accompanies the Software.
2. THIRD PARTY SOFTWARE.
Some or all of the Software may consist of third party (non-Allen & Health) applications. You are obliged to comply with any additional licensing terms related to such third party applications. Unless stated otherwise in the documentation that accompanies the Software, Allen & Heath does not provide any warranty, maintenance, technical or other support for third party applications.
3. EXPORT/IMPORT RESTRICTIONS.
The Software, including technical data, is subject to U. S. export control laws, and may be subject to export or import regulations in other countries. You agree to comply with all such regulations, and acknowledge that it is your responsibility to obtain all licenses to export, re-export, or import the Software. In particular, Software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria (as such listing may be revised from time to time) or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders.
4. INTELLECTUAL PROPERTY RIGHTS.
Allen & Heath reserves all rights not expressly granted to You in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Allen & Heath or its suppliers own the title, copyright, and all other intellectual property rights in the Software. The Software is licensed, not sold, to You by Allen & Heath.
5. REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.
You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law.
6. ADDITIONAL SOFTWARE/SERVICES.
This EULA and any amendment or addendum to this EULA applies to updates, supplements, or add-on components of the Software that Allen & Heath may provide to You or make available to You after the date You obtain your initial copy of the Software.
7. UPGRADES.
To use software identified as an upgrade to the Software, You must first be licensed to use the Software and be identified by Allen & Heath as eligible for the upgrade.
8. NOT FOR RESALE SOFTWARE.
Software identified as "Not for Resale" or "NFR," may not be sold or otherwise transferred for value, or used for any purpose other than demonstration, test or evaluation.
9. SOFTWARE TRANSFER.
Internal: You may transfer the Software to an alternative system. After the transfer, You must completely remove the Software from the former system.
Transfer to a third party: You may make a one-time permanent transfer of this EULA and the Software to another end user. If you do so (i) You may not retain any copy of the Software, (ii) the transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades and, if applicable, a Certificate of Authenticity) and be subject to this EULA. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to be bound by this EULA and any amendment or addendum to this EULA.
10. TERMINATION.
Without prejudice to any other rights, Allen & Heath may terminate this EULA if You fail to comply with any of the terms of this EULA. In such event, all rights granted to You under this EULA shall cease, You must cease all activities authorised by this EULA and You must destroy all copies of the Software and all of its component parts within your control.
11. LIMITED WARRANTY & YOUR EXCLUSIVE REMEDY.
Allen & Heath warrants that the Software will perform substantially in accordance with the Allen & Heath materials that accompany the Software for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by your territory that cannot be excluded, You are entitled to rely upon it, but only as to defects discovered during the period of this limited warranty (ninety days). As to any defects discovered after the ninety-day period, there is no warranty or condition of any kind.
ALLEN & HEATH'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, UNDER THE LIMITED WARRANTY PROVIDED IN THIS CLAUSE, OR FOR ANY OTHER BREACH OF THIS EULA, OR FOR ANY OTHER LIABILITY RELATING TO THE SOFTWARE, SHALL BE (AT ALLEN & HEATH'S OPTION), (I) RETURN OF THE AMOUNT PAID (IF ANY) FOR THE SOFTWARE, OR (II) REPAIR OR REPLACEMENT OF THE SOFTWARE, TO THE EXTENT THAT IT DOES NOT MEET THE LIMITED WARRANTY. You will receive the remedy elected by Allen & Heath. You are responsible for any expenses You may incur. The Limited Warranty provided in this Clause is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and Allen & Heath will use reasonable efforts to provide your remedy within a reasonable time of your compliance with Allen & Heath's warranty remedy procedures.
12. DISCLAIMERS.
The Limited Warranty that appears above is the only warranty made to You and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications.
Except for the Limited Warranty and to the maximum extent permitted by applicable law, Allen & Heath and its suppliers provide the Software and support services (if any) "AS IS" and "WITH ALL FAULTS", and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software.
ALLEN & HEATH DOES NOT WARRANT THAT THE SOFTWARE IS FREE OF BUGS OR ERRORS, AND THE EXISTENCE OF SUCH WILL NOT RESULT IN ALLEN & HEATH (i) BEING IN BREACH OF THIS EULA OR (ii) INCURRING ANY LIABILITY.
SO FAR AS IS PERMITTED BY LAW, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
13. LIMITATION OF LIABILITY.
To the maximum extent permitted by applicable law, and except as provided in any Allen & Heath guarantee provided with the Software and the Limited Warranty (above), Allen & Heath and its suppliers shall not be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information or other direct, indirect or pecuniary loss) arising out of the use or inability to use the Software, even if Allen & Heath has been advised of the possibility of such damages.
IN ANY CASE ALLEN & HEATH'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. THESE LIMITATIONS DO NOT APPLY TO ANY LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS. SUBJECT TO THE FOREGOING, ALLEN & HEATH'S LIABILITY FOR INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS SHALL BE LIMITED TO BREACHES OF RIGHTS SUBSISTING IN THE UK.
14. GENERAL.
This EULA (including any Allen & Heath addendum or amendment to this EULA which is included with the Software) constitutes the entire agreement between You and Allen & Heath relating to the Software and the support services (if any), and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Allen & Heath policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall prevail over such conflicting provisions.
This EULA is binding on You and Allen & Heath and on any respective successors and assigns.
Allen & Heath may transfer, assign, charge, sub-contract or otherwise dispose of this EULA, or any of its rights or obligations arising under it, at any time.
If any provision of this EULA is held to be illegal, invalid, void or unenforceable under the laws of any jurisdiction, the legality, validity and enforceability of the remainder of this EULA in that jurisdiction is not to be affected.
All notices given by You to Allen & Heath must be given to Allen & Heath Limited at Kernick Industrial Estate, Penryn, Cornwall TR10 9LU. Allen & Heath may give notice to You at your most recent address (be it physical or e-mail) known to Allen & Heath, and/or through a notice posted on Allen & Heath's then website. Notice will be deemed received and properly served 24 hours after an e-mail is sent, 24 hours after posting on Allen & Heath's website, or three days after the date of posting of any letter.
This license shall be governed and construed in accordance with the laws of England and Wales. Subject to Allen & Heath being entitled to enforce the terms of this EULA in any court or jurisdiction that it sees fit, any dispute arising from or related to this EULA shall be subject to the exclusive jurisdiction of the courts of England and Wales. Where You use the Software outside of England and Wales, the local law may impose greater restrictions on You that You must comply with.
15. YOUR ACKNOWLEDGMENT: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS.
Should You have any questions concerning this EULA, please contact:
marketing@allen-heath.com
or
Marketing Dept,
Allen & Heath Ltd
Kernick Industrial Estate, Penryn
Cornwall TR10 9LU, UK
t: +44 1326 372070