Before you download, install, or use the Meyer Sound RMS Remote Monitoring System ("RMS 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, for the Remote
Monitoring System Software Product, which includes computer software, associated media, and printed materials. By installing, copying, or
otherwise using this RMS 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 RMS SOFTWARE.
IF YOU DO NOT AGREE TO THE TERM OF THIS AGREEMENT
- If you do not accept this license agreement and your RMS Software is delivered with a preconfigured computer or host station purchased from Meyer Sound, do not use your preconfigured computer or host station, and promptly return it, undamaged, in its original packaging, to Meyer Sound Laboratories, Inc. ("Meyer Sound") for a full refund.
- If your RMS Software has been shipped to you for use on a computer or host station purchased from another entity or as a replacement for software you are currently using, immediately return the RMS Software to Meyer Sound together with any peripheral items delivered and packaged with the software, and any license fee or other charges paid by you in connection with the delivery of the RMS Software or such peripheral items shall be refunded. Please note that your right to receive any replacement of existing RMS Software is conditioned on your acceptance of the terms and conditions of this agreement.
The RMS Software is furnished under a restrictive license and may be used and reproduced only in accordance with the terms of this
license agreement. This program and any copies of it may only be provided or otherwise made available to persons licensed by Meyer
Sound to use the program.
This license grants you, the registered user, the following rights:
- The RMS Software product is provided to you in machine-readable form. You may not reverse engineer, decompile, disassemble or otherwise create a human-readable version of the RMS Software, or any portion thereof, nor shall you permit others to do so.
- The RMS Software may be installed and used on only a single computer, or host station. The RMS Software may not be shared or used concurrently or otherwise on different computers.
The RMS 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.
Meyer Sound warrants, for a period of ninety (90) days from the date you receive your RMS Software, that such software, when properly
installed, will perform substantially in accordance with Meyer Sound's current published documentation for the RMS Software. Meyer
Sound does not warrant that the functions contained in the RMS Software or any replacement copy will meet your requirements or that
the operation of the RMS 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 RMS 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 RMS Software. There are no other
warranties, express or implied, including but not limited to any warranties of merchantability or fitness for a particular purpose.
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 RMS software, regardless of the cause or form of action, shall not exceed the amounts paid or payable by you for the purchase
of RMS 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 connected with this agreement or your use of the RMS Software, regardless
of legal theory, and even if Meyer Sound has been advised of the possibility of such damages.
- A single back-up copy of your RMS Software may be produced from the original source media. Such back-up copies shall be subject to the terms and conditions of this agreement, except Meyer Sound shall not warrant the reliability of such back-up copy.
- You may permanently transfer all of your rights under this agreement, provided you (a) retain no copies, (b) transfer all of the RMS
Software Product, any upgrades, this license agreement and all supporting documentation, and (c) the recipient agrees to abide by all of
the terms and conditions of this agreement.
- Meyer Sound may terminate this license agreement if you or your successors or assigns fail to comply with the terms and conditions of this agreement. To this end, you grant Meyer Sound the right to verify your implementation, use and duplication of the RMS Software.
This agreement and performance hereunder shall be governed by and construed in accordance with the laws of the State of California,
U.S.A. 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 such court.
RMS is a trademark of Meyer Sound Laboratories.