Before you can download, install, use or update the Meyer Sound MAPP Online Pro Software you must read and acknowledge the following license agreement:
This End User License Agreement is a license agreement between you and Meyer
Sound Laboratories Incorporated ("Meyer Sound") relating to your download
and use of the MAPP Online Pro End User Software, and any documentation therefore
(the "Software"). By clicking on the "Accept" button below,
or by otherwise installing or using the Software, you agree to be bound by the
terms of this agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT,
DO NOT INSTALL OR USE THE SOFTWARE.
Intellectual Property Rights
The Software is confidential and the property of Meyer Sound, and is protected by U.S. and foreign copyright and other intellectual
property laws. All rights not expressly granted herein are reserved to Meyer Sound. You may not remove any proprietary notice of Meyer
Sound from any copy of the Software or from any screen display.
You may use the Software on a single computer for your own use or for use in
connection with the business of your company. You may make a single copy of
the Software for archival purposes and, subject to the limitations of this agreement,
may use such copy when the original is not in use.
You may not publish, display, disclose, rent, lease, distribute or transmit
the Software to others, nor shall you modify the Software or create derivative
works based on the Software. The Software is provided to you in machine-readable
form. You may not reverse engineer, decompile, disassemble or otherwise create
a human-readable version of the Software, or any portion thereof, nor shall
you permit others to do so.
Use of this Software requires remote access to a proprietary acoustic prediction program residing on a Meyer Sound server. Separate permissions granted at Meyer Sound's discretion are required for such access. Meyer Sound reserves the right, without notice to the user, to terminate a user's access to its servers at any time.
Meyer Sound warrants, for a period of ninety (90) days after you download the Software, that the Software, when properly installed, will
perform substantially in accordance with Meyer Sound's current published documentation for the Software, if any. Meyer Sound does not
warrant that the functions contained in the Software or any replacement copy will meet your requirements or that the operation of the
Software or any replacement copy will be uninterrupted or error free. Meyer Sound's sole obligation under this warranty is to exercise its
best efforts to remedy any defect in your replacement copy of the Software in a manner consistent with Meyer Sound's customary business
practices. The above limited warranty is the only warranty made by Meyer Sound in connection with the software. There are no other
warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, all of
which are hereby expressly disclaimed.
Meyer Sound's entire liability and your exclusive remedy arising out of or in any connected with this agreement and/or your use of the
software, regardless of the cause or form of action, shall not exceed the amounts paid or payable by you, if any, for the purchase of the
Limitation of Liability
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 or your use of the software, regardless of legal theory, and even if
Meyer Sound has been advised of the possibility of such damages.
Meyer Sound may terminate this license agreement if you or your successors or assigns fail to comply with its terms and conditions.
Termination of this agreement shall terminate your right to use the Software and Meyer Sound's limited warranty of the Software. All other
provisions of this agreement shall survive termination.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export reexport
the Software to countries or persons prohibited under the export controls laws. By downloading the Software, you are agreeing
that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are
responsible for compliance with he laws of your local jurisdiction regarding the import, export or re-export of the Software.
U.S. Government Restricted Rights
The 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.
Governing Law and Venue
This agreement and performance hereunder shall be governed by and construed in accordance with the laws of the State of California
U.S.A. 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 only be brought in state or federal in the State of California, County of Alameda, or in the case of
federal court the Northern District of California, and you hereby submit to the personal jurisdiction of and venue in such court.
If a court of competent jurisdiction holds any provision of this agreement invalid, such provision shall to that extent be deemed omitted
and shall not affect the remaining provisions of this agreement, which shall remain in full force and effect. This agreement constitutes the
entire agreement between you and Meyer Sound with respect to the Software and your use thereof. Any changes to this agreement must
be in writing and signed by an authorized representative of Meyer Sound. A waiver of a term of this agreement shall not be deemed a
continuing waiver of such term or a waiver of any other term of this agreement.
MAPP Online Pro is a trademark of Meyer Sound Laboratories.
MAPP Online is a registered trademark of Meyer Sound Laboratories.
SIM is a registered trademark of Meyer Sound Laboratories.