Before you download, install, or use the CueStation software provided by Meyer Sound in connection with the Meyer Sound D-Mitri Audio Show Control System ("D-Mitri System"), you must read and agree to the following license terms:
IMPORTANT - READ CAREFULLY
This is a license agreement between you and Meyer Sound Laboratories, Incorporated ("Meyer Sound"), and governs the use of Meyer
Sound software in connection with a D-Mitri System. Read this agreement in its entirety before downloading, installing or using such
software. Downloading or installing such software or using such software in connection with a D-Mitri System indicates your
agreement to the terms and conditions of this agreement.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT
- If you have just purchased the D-Mitri System, do not download or install such software and promptly return your D-Mitri System unused and undamaged, and in its original packaging to Meyer Sound for a full refund.
- If you already own a D-Mitri System and the software is an update, enhancement, or new version of the software (collectively "software updates"), do not download or install the software updates.
- If you do not own a D-Mitri System and you are intending to download or install the software for use in connection with a D-Mitri System, do not download or install the software or software updates.
- In no event should such software or updates be downloaded or installed except for use in connection with a D-Mitri System.
This license applies to the following Meyer Sound software used in connection with the Meyer Sound D-Mitri System, and any updates
thereof later offered by Meyer Sound, and any documentation that may accompany such software: CueStation, D-Mitri Firmware, and the
CueConsole Server for Linux (collectively "CueStation Suite of Software.").
You are granted a personal, non-exclusive right and license to install and use the CueStation Suite of Software, or any component thereof,
on one or more computers under your control, provided such installation and use is in connection with the operation or use of a Meyer
Sound D-Mitri System. This license shall be effective from the date you download, receive or install your CueStation Suite of Software or
any component thereof and shall remain in force until terminated. Meyer Sound may terminate this agreement if you fail to comply with
any of these terms and conditions, and upon such termination, you agree to delete all components of the CueStation Suite of Software
from your computer(s), together with any back-up copies you may have made.
The CueStation Suite of Software and all components thereof are and shall remain the property of Meyer Sound Laboratories, Incorporated,
and are protected by U.S. and foreign copyright laws, and international treaties. You may make a copy of a component of the CueStation
Suite of 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 a component of the
CueStation Suite of Software.
The CueStation Suite of Software contains valuable confidential information developed at considerable expense by Meyer Sound, and to
protect such confidential information, you shall strictly observe the restrictions set forth below.
The following restrictions apply to your use of the CueStation Suite of Software:
- Most of the CueStation Suite of Software is provided to you in machine-readable form. You may not reverse engineer, decompile, disassemble or otherwise create a human-readable version of any machine-readable portion of the CueStation Suite of Software, nor shall you permit others to do so.
- You may not use any component of the CueStation Suite of Software except in connection with the operation or use of a Meyer SoundD-Mitri System by you or a third party.
- You may not copy or transfer the CueStation Suite of Software or any component thereof, except as provided herein.
- You may not alter or modify the CueStation Suite of Software or any component thereof.
This license shall automatically terminate if you breach any
of the provisions of this paragraph.
You may only transfer the CueStation Suite of Software or a component thereof to another whose intended use is in connection with a
D-Mitri System and only if the intended transferee is provided with a copy of this license and agrees to all of its terms and conditions.
If your CueStation Suite of Software is provided with your purchase of a D-Mitri System, the warranty on your D-Mitri System applies.
For Software Updates and for users who are not owners of a D-Mitri System or who have separately downloaded a component of the
CueStation Suite of Software, Meyer Sound warrants that, for a period of ninety (90) days from the date you download or install the
CueStation Suite of Software or components thereof, the components of the CueStation Suite of 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 CueStation Suite of Software will meet your requirements or that the operation of
the components of the CueStation Suite of Software or any replacement copy will be uninterrupted or error free. Meyer Sound's sole
obligation under this warranty is to attempt to remedy any defect in your copy of the components of the CueStation Suite of Software in a
manner consistent with Meyer Sound's customary business practices.
WARRANTY LIMITATIONS; LIMITATIONS OF REMEDIES.
The above limited warranty and the warranty on your D-Mitri System are the only warranties made by Meyer Sound in connection
with your D-Mitri System and the Cuestation Software. There are no other warranties, express or implied. All warranties that may
be implied by law, including but not limited to warranties of merchantability and fitness for a particular purpose, are expressly
disclaimed. Meyer Sound's entire liability and your exclusive remedy arising out of or in any way connected with this agreement and/
or your use of the Cuestation Software, regardless of the cause or form of action, shall not exceed the amounts paid or payable by
you for the purchase of a D-Mitri System for which the Cuestation Software is used, or, if you have not purchased a D-Mitri System,
the amounts paid or payable by you, if any, for the purchase of the Cuestation Software. 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 Cuestation 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.
The CueStation Suite of Software and any accompanying documentation have been developed entirely at private expense. They are
licensed to U.S. Government end users as "commercial computer software" as defined in DFARS 252.227-7013, DFARS 252.211-7015 or
DFARS 252.227-7014, or as a "commercial item" as defined in FAR 2.101(a), or as "restricted computer software" as defined in FAR 52.227-
19 (or any equivalent agency regulation or contract clause), whichever is applicable. U.S. Government end users are licensed under only
those rights granted to all other end users, which are according to the terms and conditions of this license agreement.
You may not export or re-export the CueStation Suite of Software or any copy or component of the CueStation Suite of Software in
violation of the Export Control Laws of the United States or any other applicable laws or regulations.
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 shall to that extent 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 such court.
CueStation, D-Mitri and CueConsole are trademarks of Meyer Sound Laboratories.