By using software of Sound Devices, LLC, including but not limited to firmware, plugins, and applications for phones, tablets, and computers, you agree to the following terms and conditions. If you do not agree with such terms and conditions; do not use or apply the software. The terms of the end user license agreement accompanying the product shall supersede the terms presented below.
The export and re-export of Sound Devices software products are controlled by the United States Export Administration Regulations and such software may not be exported to any country to which the United States embargoes goods.
In addition; Sound Devices software may not be distributed to persons on the Table of Denial Orders; the Entity List; or the List of Specially Designated Nationals.
By downloading or using Sound Devices software product you are certifying that you are not a national of country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders; the Entity List; or the List of Specially Designated Nationals.
Sound Devices grants you a non-exclusive license to use firmware and plugins with the hardware product only; provided you possess a valid license from Sound Devices for the hardware product. Except as set forth below; such software is licensed to you subject to the terms and conditions of the End User License Agreement from Sound Devices governing your use of the hardware product.
DISCLAIMER OF WARRANTIES: YOU AGREE THAT SOUND DEVICES HAS MADE NO EXPRESS WARRANTIES TO YOU REGARDING THE SOFTWARE AND THAT THE SOFTWARE IS BEING PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. SOUND DEVICES DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE; EXPRESS OR IMPLIED; INCLUDING; WITHOUT LIMITATION; ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; MERCHANTABILITY; MERCHANTABLE QUALITY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS.
Some states or jurisdictions do not allow the exclusion of implied warranties; so the above limitations may not apply to you.
LIMITATION ON SOUND DEVICES’ LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, SOUND DEVICES SHALL HAVE NO LIABILITY TO THE END USER OR ANY OTHER PERSON FOR COSTS, EXPENSES, DIRECT DAMAGES, INDIRECT DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, SPECIAL DAMAGES, CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF OR RELATING TO THE PRODUCTS, THESE TERMS AND CONDITIONS OR THE PARTIES’ RELATIONSHIP, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM OR RELATED TO THE DELETION OR OTHER LOSS OF AUDIO OR VIDEO RECORDINGS OR DATA, REDUCED OR DIMINISHED AUDIO OR VIDEO QUALITY OR OTHER SIMILAR AUDIO OR VIDEO DEFECTS ARISING FROM, RELATED TO OR OTHERWISE ATTRIBUTABLE TO THE PRODUCTS OR THE END USER’S USE OR OPERATION THEREOF, REGARDLESS OF WHETHER SUCH DAMAGES ARE CLAIMED UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY. “CONSEQUENTIAL DAMAGES” FOR WHICH SOUND DEVICES SHALL NOT BE LIABLE SHALL INCLUDE, WITHOUT LIMITATION, LOST PROFITS, PENALTIES, DELAY DAMAGES, LIQUIDATED DAMAGES AND OTHER DAMAGES AND LIABILITIES WHICH END USER SHALL BE OBLIGATED TO PAY OR WHICH END USER OR ANY OTHER PARTY MAY INCUR RELATED TO OR ARISING OUT OF ITS CONTRACTS WITH ITS CUSTOMERS OR OTHER THIRD PARTIES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL SOUND DEVICES BE LIABLE FOR ANY AMOUNT OF DAMAGES IN EXCESS OF AMOUNTS PAID BY THE END USER FOR THE PRODUCTS AS TO WHICH ANY LIABILITY HAS BEEN DETERMINED TO EXIST. SOUND DEVICES AND END USER EXPRESSLY AGREE THAT THE PRICE FOR THE PRODUCTS WAS DETERMINED IN CONSIDERATION OF THE LIMITATION ON LIABILITY AND DAMAGES SET FORTH HEREIN AND SUCH LIMITATION HAS BEEN SPECIFICALLY BARGAINED FOR AND CONSTITUTES AN AGREED ALLOCATION OF RISK WHICH SHALL SURVIVE THE DETERMINATION OF ANY COURT OF COMPETENT JURISDICTION THAT ANY REMEDY HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; so the above limitation or exclusion may not apply to you.