You have requested to acquire an item or download an application or file (“Application") that includes software which is either owned by Denon Electronics (USA), LLC, D&M Canada Inc. or their parent company D&M Holdings, Inc. ("DENON") or licensed by it from its software vendors or their affiliates ("Vendors") (collectively, “DENON’s suppliers”). Those installed software products or applications owned by DENON or by its software suppliers, as well as associated media, printed materials, and "online" or electronic documentation ("Software") are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold and is owned by DENON and the respective Denon supplier.
IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT ("EULA"), DO NOT USE OR DOWNLOAD THE APPLICATION OR THE SOFTWARE. BY CLICKING ON THE ACCEPT BUTTON OR BY USING THE SOFTWARE OR DOWNLOADING THE APPLICATION YOU AGREE TO THIS EULA (OR RATIFY ANY PREVIOUS CONSENT TO THIS EULA).
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GRANT OF LICENSE. The license granted herein is a personal, non-exclusive and non-transferable right subject to the restrictions herein. If you do not comply with the terms of this EULA, it will terminate immediately, your right to use the Software will end and you must return the Software to DENON or destroy it. This EULA grants you the following rights to the Software and all other rights are reserved by DENON and its software suppliers. You may use the Software only in connection with the product that it relates to. This license is conditioned upon truthful and accurate answers to any questions that are asked of You as part of the installation or download process. This includes information concerning your location, which information may be necessary to provide accurate and appropriate music services for the territory in which you reside. Knowingly providing false information will result in a loss of warranty under this EULA as well as voiding the warranty for any products associated with the Software.
- NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLERANT. DENON HAS INDEPENDENTLY DETERMINED HOW TO USE THE SOFTWARE IN THE APPLICATION, AND DENON’S SUPPLIERS HAVE RELIED UPON DENON TO CONDUCT SUFFICIENT TESTING TO DETERMINE THAT THE SOFTWARE IS SUITABLE FOR SUCH USE.
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NO WARRANTIES FOR THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS IS" AND WITH ALL FAULTS. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT (INCLUDING LACK OF NEGLIGENCE) IS WITH YOU. ALSO, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGEMENT. IF YOU HAVE RECEIVED ANY WARRANTIES REGARDING THE APPLICATION OR THE SOFTWARE, THOSE WARRANTIES DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON, DENON OR DENON’S SUPPLIERS.
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NO LIABILITY FOR CERTAIN DAMAGES. EXCEPT AS PROHIBITED BY LAW, DENON AND ITS SOFTWARE SUPPLIERS SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT AS MAY BE PROHIBITED BY LAW, IN NO EVENT WILL DENON’S SUPPLIERS OR DENON BE LIABLE TO YOU FOR ANY AMOUNTS ABOVE YOUR PURCHASE PRICE FOR THE APPLICATION IF ANY. EACH DENON SUPPLIER IS AN INTENDED CONTRACTUAL BENEFICIARY OF THIS EULA.
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LIMITATIONS ON REVERSE ENGINEERING, DECOMPILING AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
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SOFTWARE TRANSFER ALLOWED BUT WITH RESTRICTIONS. You may permanently transfer rights under this EULA only as part of a permanent sale or transfer of the Application, and only if the recipient agrees to this EULA. You may not modify, sublicense or create derivative works based on the Software and you may only use the Software in connection with the Application. If the Software is an upgrade, update or patch, any transfer must also include all prior versions of the Software.
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EXPORT RESTRICTIONS. You acknowledge that the Software, or any part thereof, or any process or service that is the direct product of the Software (the foregoing collectively referred to as the "Restricted Components") are of U.S. origin. You agree to comply with all applicable international and national laws that apply to these products, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by the U.S. and other governments. For additional information on exporting Microsoft products, see http://www.Microsoft.com/exporting/">http://www.Microsoft.com/exporting/.
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UPDATES. This Software may automatically identify supported equipment that has been connected to your Denon system and then automatically check periodically (via the internet) whether there are any updates available for such products. From time to time you may receive notices of available Upgrades or Updates to the Software. Any upgrades or updates will continue to be subject to the terms of this EULA unless a new EULA is required to access or download the update or upgrade in which case the new EULA will apply according to its terms.
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LINKS TO THIRD PARTY SERVICES. The Software may include links to or display content from third party providers, such as music services. You understand and agree that DENON shall not be liable for such third party content or services, and that any such providers are separate legal entities and are in no way related to DENON. Any content provided by such third party providers shall be subject to the agreements governing such third party services. Further, DENON does not warranty, guaranty or otherwise claim that all such services will be available to You, or that such services will be uninterrupted or error free in any way. You must determine individually whether you wish to utilize any third party service.
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AGE RESTRICTIONS. You represent that you are at least 16 years of age. You may permit others to use the Software under your account, but you agree that you are fully responsible for any minors’ use of the Software. This Software is not designed or marketed to users under age 13.