UAD Custom 2 Bundle

UNIVERSAL AUDIO, INC. END USER LICENSE AGREEMENT

PLEASE READ THIS UNIVERSAL AUDIO, INC. END USER LICENSE AGREEMENT (THE "AGREEMENT") CAREFULLY BEFORE INSTALLING THE SOFTWARE THAT ACCOMPANIES THIS AGREEMENT (THE "SOFTWARE").

THE SOFTWARE IS LICENSED NOT SOLD. IF (A) YOU OBTAINED A COPY OF THE SOFTWARE FROM UNIVERSAL AUDIO, INC. ("UA"), AN AUTHORIZED UA RESELLER (AS DEFINED IN SECTION 2(a) BELOW) OR A PERMITTED TRANSFEROR (AS DEFINED IN SECTION 3(a)(iv) BELOW) AND (B) THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT ARE ACCEPTABLE TO YOU, YOU MAY USE THE SOFTWARE AS PROVIDED IN SECTION 2 BELOW. YOU, PERSONALLY, SHALL BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT IN THE SAME MANNER AS IF YOU HAD SIGNED A WRITTEN AGREEMENT WITH UA; PROVIDED, HOWEVER, THAT IF YOU NOTIFY UA WHEN YOU CREATE YOUR ACCOUNT THAT YOU OBTAINED YOUR COPY OF THE SOFTWARE ON BEHALF OF AN ENTITY, THEN THAT ENTITY (THE "DESIGNATED ENTITY"), AND NOT YOU PERSONALLY, SHALL BE BOUND BY SUCH TERMS AND CONDITIONS. IN SUCH EVENT, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND YOUR DESIGNATED ENTITY IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT.

IF (A) YOU DID NOT OBTAIN YOUR COPY OF THE SOFTWARE FROM UA, AN AUTHORIZED UA RESELLER OR A PERMITTED TRANSFEROR OR (B) THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT ARE NOT ACCEPTABLE TO YOU, NEITHER YOU NOR YOUR DESIGNATED ENTITY MAY USE THE SOFTWARE.

IF YOU OBTAINED YOUR COPY OF THE SOFTWARE FROM A THIRD PARTY AND YOU WISH TO RETURN IT, CONTACT THAT THIRD PARTY—UNDER SUCH CIRCUMSTANCES, UA SHALL HAVE NO LIABILITY TO YOU OR YOUR DESIGNATED ENTITY WITH RESPECT TO THE RETURN PROCESS, INCLUDING, WITHOUT LIMITATION, ANY OBLIGATION TO PROVIDE A REFUND OR OTHER COMPENSATION. IF YOU OBTAINED YOUR COPY OF THE SOFTWARE FROM UA, RETURNS SHALL BE HANDLED IN ACCORDANCE WITH THE TERMS OF UA’S AUTO-RENEWAL AND CANCELLATION POLICY FOUND AT UAUDIO.COM, AS WELL AS THE TERMS SET FORTH IN THIS AGREEMENT.

Disclaimer. EXCEPT AS EXRESSLY SPECIFIED IN THIS AGREEMENT, NEITHER UA, NOR ANY UA LICENSOR OR AUTHORIZED UA RESELLER, MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE LICENSED MATERIALS OR THE MEDIA ON WHICH THEY ARE RECORDED, AND HEREBY EXPRESSLY DISCLAIM: (A) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS AND (B) ANY UNDERTAKING TO MAINTAIN ANY VERSION OF THE LICENSED SOFTWARE OR PROVIDE SUPPORT WITH RESPECT TO ANY VERSION THEREOF FOR ANY PARTICULAR PERIOD OF TIME. FURTHERMORE, NEITHER UA, NOR ANY UA LICENSOR OR AUTHORIZED UA RESELLER, WARRANTS OR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE LICENSED MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY UA OR ANYONE PURPORTING TO SPEAK ON BEHALF OF UA SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, (X) SHOULD THE LICENSED MATERIALS PROVE DEFECTIVE, CUSTOMER (AND NOT UA NOR ANY UA LICENSOR OR AUTHORIZED UA RESELLER) SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION AND (Y) IN NO EVENT SHALL CUSTOMER BE ENTITLED TO EXCHANGE THE LICENSED MATERIALS FOR OTHER SOFTWARE OR BE ENTITLED TO A REFUND OF ANY PORTION OF THE FEE PAID FOR THE LICENSED MATERIALS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT LICENSED SOFTWARE THAT IS GOVERNED BY A BETA TEST LICENSE: (1) IS NOT AN OFFICIAL PRODUCT AND HAS NOT BEEN COMMERCIALLY RELEASED FOR SALE BY UA, (2) MAY NOT OPERATE PROPERLY OR BE FULLY FUNCTIONAL (3) MAY CONTAIN ERRORS, DESIGNS FLAWS OR OTHER PROBLEMS AND MAY RESULT IN UNEXPECTED RESULTS, LOSS OF DATA OR COMMUNICATIONS OR PROJECT DELAYS AND (4) MAY NEVER BECOME COMMERCIALLY AVAILABLE. UA IS UNDER NO OBLIGATION TO RELEASE A COMMERCIAL VERSION OF ANY SUCH SOFTWARE AND RETAINS THE UNILATERAL RIGHT TO ABANDON DEVELOPMENT OF SUCH LICENSED SOFTWARE, AT ANY TIME, FOR ANY REASON, WITHOUT ANY OBLIGATION OR LIABILITY TO THE CUSTOMER.

THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS. CUSTOMER MAY HAVE ADDITIONAL WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. UA DOES NOT SEEK TO LIMIT CUSTOMER'S WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. SEE SECTION 13 FOR JURISDICTION-SPECIFIC PROVISIONS.

EEA warranty clause

If there is a defect in the Licensed Materials, Customer may request from UA either a refund or a repaired or replacement copy of the Licensed Materials. Requests must be accompanied by proof of purchase. In the event Customer's warranty details are substantiated, UA will meet Customer's request for repaired or replacement Licensed Materials, unless it is not reasonable for UA to do so, in which case UA will provide Customer with a refund. For warranty assistance, please contact the UA Customer Support Department.

Australia mandatory notice

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.