EULA

Licensed Product End User Licence Agreement

IMPORTANT, PLEASE READ CAREFULLY. THIS IS A LICENCE AGREEMENT

This LICENSED PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The LICENSED PRODUCT is licensed, not sold.

By installing, copying, or otherwise using the PRODUCT, you agree to be bounded by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the PRODUCT.

Definitions

“EULA” means this end user licence agreement. It is a legal agreement between CELESTION (herein also referred to as “US” or “WE”) and you, the end-user (either an individual or single entity, herein referred to as “YOU”) with regard to the Digital Download products downloaded from celestionplus.com, and all related updates supplied by CELESTION.

“Digital Download”, “Impulse Response” “Licensed Product” and “Product” means the Digital Download products downloaded from celestionplus.com, and all related updates supplied by CELESTION.

Licensing

  1. GRANT OF LICENCE. This EULA grants you the following rights: Installation and Use.

This LICENSED PRODUCT is licensed, not sold. YOU acknowledge that no title to the intellectual property in the LICENSED PRODUCT is transferred to YOU. YOU further acknowledge that title and full ownership rights to the LICENSED PRODUCT will remain the exclusive property of CELESTION and YOU will not acquire any rights to the LICENSED PRODUCT, except as expressly set forth in this EULA.

All title and copyrights in and to the LICENSED PRODUCT, the accompanying electronic or printed materials, and any copies of the LICENSED PRODUCT, are owned by CELESTION.

All rights not expressly granted are reserved by US.

The PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.

The LICENSED PRODUCT may be used only by you. You may install and use the Product, on up to three (3) pieces of hardware, provided that (a) each device is owned by (or leased to) and under the exclusive control of the licensee; (b) the Product(s) shall NOT be used simultaneously on more than one device, and (c) any devices with CELESTION Products installed shall not be sold, rented, leased, loaned or otherwise be removed from the licensee’s possession without first removing the licensed product.

Restrictions

YOU agree not to, and YOU will not permit others to:

  1. a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise

commercially exploit the Digital Download or make the LICENSED PRODUCT available to any third party.

  1. b) transfer, license or sublicense your rights as Licensee of the LICENSED PRODUCT.
  2. c) make available via hosting services or peer to peer protocol, or otherwise redistribute the LICENSED PRODUCT in part or in whole. You may not transfer the product files over any network or channel them to a third party storage location (including but not limited to email mailboxes and online file storage service hosts) in whole or in part.
  3. d) reverse engineer, decompile, or disassemble the LICENSED PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

No Warranties

CELESTION does not warrant that the functions contained in the LICENSED PRODUCT will meet your requirements or that the operation of the LICENSED PRODUCT will be uninterrupted or error-free. WE ARE NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE LICENSED PRODUCT.

CELESTION expressly disclaims any warranty for the LICENSED PRODUCT to you or to any third party. The LICENSED PRODUCT and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the LICENSED PRODUCT remains with you.

Limitation of Liability

In no event shall CELESTION be liable for (or any claim by a third party) any special, consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this LICENSED PRODUCT, even if CELESTION is aware of the possibility of such damages and known defects. In no event shall CELESTION’s liability exceed the purchase price of this product.

WE shall have no liability with respect to the content of the LICENSED PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.

If YOU distribute the LICENSED PRODUCT in violation of this Agreement, YOU agree to indemnify, hold harmless and defend US from and against any claims or lawsuits, including lawyers’ fees that arise or result from the use or distribution of the LICENSED PRODUCT in violation of this Agreement.

Term & Termination

This Agreement shall remain in effect until terminated by YOU or CELESTION.

This Licence Agreement is effective until terminated. All rights given to YOU under this LicenceAgreement will terminate automatically without notice from US if YOU fail to comply with any terms of this Agreement. Upon the termination of this Agreement, YOU shall cease all use of the LICENSED

PRODUCT and destroy all copies, full or partial. YOU may terminate this Agreement by giving written

notice to US and destroy all copies of the LICENSED PRODUCT, full or partial. Under any condition of

termination, YOU cannot claim any refund from US.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be

changed and interpreted to accomplish the objectives of such provision to the greatest extent

possible under applicable law and the remaining provisions will continue in full force and effect.

CELESTION reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 (changes this) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Laws

YOU agree that any and all claims, suits or other disputes arising from your use of the LICENSED PRODUCT shall be determined in accordance with the laws of the United Kingdom, in the event CELESTION is made a party thereto. You agree to submit to the jurisdiction of a United Kingdom court for all actions, whether in contract or in tort, arising from your use or purchase of the Download.

GENERAL

This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this Agreement shall be directed to:

Celestion
Claydon Business Park
Great Blakenham
Ipswich
IP6 0NL
United Kingdom