ii
SoundCheck
®
15.0
Instruction Manual
Listen Software License Agreement
5. Limited Warranty. Licensor warrants that, for ninety (90) days from the date of shipment by Licensor (i)
the media on which the software is furnished will be free of defects in materials and workmanship under
normal use; and (ii) the Software conforms to its published functional specifications current at the time of
shipment. Except for the foregoing, the Software is provided AS IS. If, during the warranty period, a defect
appears, End-User shall return the Software to Licensor and Licensor's only obligation shall be, at Licen-
sor's election, to replace the defective Software or refund the purchase price. The End-User agrees that the
foregoing constitutes the End-User's sole and exclusive remedy for breach by Licensor under any warran-
ties made under this Agreement. This warranty does not apply if the Software (i) has been altered or
changed in any way by anyone other than Licensor; (ii) has not been installed, operated, repaired or main-
tained in accordance with instructions supplied by Licensor (including the use of other Software versions) or
(iii) has been subjected to abnormal physical or electrical stress, misuse, negligence or accident. Licensor
is not responsible for problems associated with or caused by incompatible operating systems or equipment,
or for problems in the interaction of the Software with software not furnished by Licensor.
No oral or written information or advice given by Licensor or its dealers, distributors, employees or agents
shall in any way extend, modify or add to the foregoing warranty.
THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRAN-
TIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE END-USER
ASSUMES ALL RISK AS TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF THE SOFTWARE.
6. LIMITATION OF LIABILITY. IN NO EVENT WILL LICENSOR, OR ITS DIRECTORS, OFFICERS,
EMPLOYEES, CONSULTANTS, INDEPENDENT CONTRACTORS, AGENTS OR AFFILIATES, BE LIA-
BLE TO THE END-USER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEM-
PLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS REVENUES OR PROFITS,
BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND THE LIKE), HOW-
EVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE,
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRIT-
TEN MATERIALS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAM-
AGES.
LICENSOR'S LIABILITY TO THE END-USER (IF ANY) FOR ACTUAL DIRECT DAMAGES, HOWEVER
CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, WILL BE
LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID TO LICENSOR
FOR THE LICENSE OF THE SOFTWARE.
7. Enhancements. From time to time Licensor may, in its sole discretion, advise the End-User of updates,
upgrades, enhancements or improvements to the Software and/or new releases of the Software (collec-
tively, "Enhancements"), and may license the End-User to use such Enhancements upon payment of prices
as may be established by Licensor from time to time. All such Enhancements to the Software provided to
the End-User shall also be governed by the terms of this License. IN ORDER FOR THE END-USER TO BE
ASSURED THAT IT WILL BE ADVISED OF AND LICENSED TO USE ANY ENHANCEMENTS TO THE
SOFTWARE, THE END-USER MUST REGISTER THEIR SOFTWARE AT www.listeninc.com/register
.
8. Export Regulations. Software, including technical data, is subject to U.S. export control laws, including
the U.S. Export Administration Act and its associated regulations, and may be subject to export or import
regulations of other countries. End-User agrees to strictly comply with all such regulations and acknowl-
edges that it has the responsibility to obtain licenses to export, re-export or import Software.
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