Before you can request a username and password for Meyer Sound's
SIM 3 Data Viewer, you must read and acknowledge the following license
IMPORTANT — THIS IS A LICENSE AGREEMENT BETWEEN YOU AND MEYER
SOUND LABORATORIES, INCORPORATED. READ THIS BEFORE USING YOUR
SIM 3 SETUP AND DATA VIEWER SOFTWARE. USING YOUR SIM 3 DATA
VIEWER SOFTWARE INDICATES YOUR AGREEMENT TO THE TERMS AND CONDITIONS
OF THIS AGREEMENT.
WHAT SHOULD YOU DO IF YOU DO NOT AGREE TO THESE TERMS AND
IF YOU HAVE RECEIVED YOUR SIM 3 SETUP AND DATA VIEWER SOFTWARE IN
CONNECTION WITH A PURCHASE OF A SIM 3 AUDIO ANALYZER, DO NOT USE YOUR
SIM 3 AUDIO ANALYZER OR SIM 3 SETUP AND DATA VIEWER SOFTWARE AND PROMPTLY
RETURN YOUR SIM 3 AUDIO ANALYZER UNDAMAGED AND IN ITS ORIGINAL PACKAGING
TO MEYER SOUND LABORATORIES INC. ("MEYERSOUND") FOR A FULL
REFUND. YOUR SIM 3 AUDIO ANALYZER SHOULD BE RETURNED WITH ALL
ACCOMPANYING SOFTWARE (INCLUDING YOUR SIM 3 SETUP AND DATA VIEWER
SOFTWARE) AND DOCUMENTATION.
IF YOUR SIM 3 SETUP AND DATA VIEWER SOFTWARE HAS BEEN SHIPPED OR
PURCHASED SEPARATELY, PROMPTLY RETURN THE SOFTWARE TO MEYER SOUND,
AND IF THERE HAS BEEN A SEPARATE CHARGE FOR SUCH SOFTWARE, SUCH CHARGE
SHALL BE REFUNDED.
Covered Software. This license applies to
the Meyer Sound SIM 3 Setup and Data Viewer Software ("SIM 3
Data Viewer Software") used in connection with Meyer Sound SIM
3 Audio Analyzers ("SIM Analyzers").
License. You are granted a personal, non-exclusive
right and license to install and use the SIM 3 Data Viewer Software
on any computer that you own, lease or use in connection with your
business for the purpose of 1) creating set-up parameters for a SIM
3 Machine, 2) reading, interpreting and manipulating data generated
by a SIM 3 Machine, or 3) such other purposes as may from time to
time by specified or described by Meyer Sound in any Meyer Sound bulletin
or publication. This license shall be effective from the date you
receive your SIM 3 Data Viewer Software and shall remain in force
until terminated. Meyer Sound may terminate this agreement if
you fail to comply with any of the terms and conditions stated herein,
and upon such termination, you agree to destroy the SIM 3 Data Viewer
Software, together with all copies thereof in any form.
Proprietary Rights. The SIM 3 Data Viewer
Software is and shall remain the property of Meyer Sound Laboratories,
Inc., and is protected by U.S. and foreign copyright laws, and international
copyright treaties. You may make one copy of the SIM 3 Data
Viewer Software, solely for backup or archival purposes. Such
backup or archival copy shall also be the property of Meyer Sound.
You must include all Meyer Sound and third party copyright notices
and other proprietary legends on any copy you make of the SIM 3 Data
Confidentiality. The SIM 3 Data Viewer Software
is provided to you in machine-readable form only and contains valuable
confidential information developed at considerable expense by Meyer
Sound. You may not reverse engineer, decompile, disassemble
or otherwise create a human-readable version of the SIM 3 Data Viewer
Software, or any portion thereof, nor shall you permit others to do
Restrictions. The following restrictions apply
to your use of the SIM 3 Data Viewer Software:
- You may not use the SIM 3 Data Viewer Software for any purpose
other than for the purposes for which the software is licensed.
- You may not copy or transfer the SIM 3 Data Viewer Software,
except as provided herein.
- You may not alter or modify the SIM 3 Data Viewer Software.
This license shall automatically terminate if you breach any of the
provisions of this paragraph.
Transfer. You may transfer your
copy of SIM 3 Data Viewer Software, provided the party to whom you
transfer the software agrees to the terms and conditions of this license.
Limited Warranty. Meyer Sound
warrants that, for a period of ninety (90) days from the date of you
receive the SIM 3 Data Viewer Software, your SIM 3 Data Viewer Software,
when properly installed, will perform substantially in accordance
with Meyer Sound's current published documentation for such software.
Meyer Sound does not warrant that the functions contained in the SIM
3 Data Viewer Software will meet your requirements or that the operation
of the such software will be uninterrupted or error free. Meyer
Sound's sole obligation under this warranty is to use its best efforts
to remedy any defect in your SIM 3 Data Viewer Software in a manner
consistent with Meyer Sound's customary business practices.
WARRANTY LIMITATIONS; LIMITATIONS OF REMEDIES.
THE ABOVE LIMITED WARRANTY IS THE ONLY WARRANTY MADE BY MEYER SOUND
IN CONNECTION WITH YOUR SIM 3 DATA VIEWER SOFTWARE. TO THE EXTENT
PERMITTED BY LAW, MEYER SOUND DISCLAIMS ALL OTHER WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MEYER
SOUND'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THIS LICENSE AND/OR YOUR USE OF THE SIM
3 DATA VIEWER SOFTWARE, REGARDLESS OF THE CAUSE OR FORM OF ACTION,
SHALL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU FOR THE PURCHASE
OF A SIM MACHINE IN CONNECTION WITH WHICH THE SIM 3 DATA VIEWER SOFTWARE
IS USED. IN NO EVENT SHALL MEYER SOUND BE LIABLE TO YOU OR TO
ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES
(INCLUDING LOST PROFITS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH
THIS AGREEMENT AND/OR YOUR USE OF THE SIM 3 DATA VIEWER SOFTWARE,
REGARDLESS OF THE LEGAL THEORY, AND EVEN IF MEYER SOUND HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
U.S. Government Restricted Rights.
Use, duplication or disclosure of the SIM 3 Data Viewer Software by
the Government is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software clause
at DFARS 252.227-7013.
General. This agreement and performance
hereunder shall be governed by and construed in accordance with the
laws of the State of California. The waiver or failure of either
party to exercise any right under this agreement shall not be deemed
a continuing waiver or modification thereof. If any provision
of this agreement is held invalid by a court of competent jurisdiction,
such provision is to that extent to be deemed omitted. Any suit
brought by either party against the other on the basis of any controversy
or claim arising out of or relating to this agreement or the breach
thereof, shall be brought in the appropriate court in the State of
California, and you hereby submit to the personal jurisdiction of
I have read
the above statement in full, and would like to request the SIM 3 Data