Audio Enhancer Bongiovi DPS Plugin 1.2.4

EULA - End User License Agreement

Bongiovi Acoustics, LLC Software License Agreement

Indicating your acceptance of this License Agreement in the manner specified, or installing and using the software this License Agreement accompanies indicates your assent to the terms of this License Agreement. If you do not agree with to the terms of this License Agreement, do not install, use or copy this software. If the software was purchased at a retail outlet, you may return the software to the place it was purchased for a full refund.

LICENSE GRANT
This is a license, not a sales agreement, between you, the end user, and Bongiovi Acoustics, LLC (BA). BA grants to you a non-exclusive, non-transferable (except as provided below) license to use the software and the accompanying documentation in accordance with the terms set forth in this License Agreement.

The software is owned by BA and protected by laws governing copyrights, patents, trademarks, trade dress, and trade secrets. In addition to the restrictions and obligations imposed by such laws, you agree to comply with the following:

You may:
a. install the software on only one computer;
b. make one (1) copy of the software in machine-readable form solely for backup purposes, provided that you reproduce all proprietary notices on the copy;
c. physically transfer the software from one computer you own to another computer you own provided that the software is used on only one computer at a time; and
d. transfer or assign (not rent or lease) all your rights in the software on a permanent basis if the person receiving the software agrees to the terms of this License Agreement and you transfer to that person the original and all existing copies of the software.

You may not:
a. use the software on more than one computer or workstation at a time, or use it on a device functioning as a file server in a network, on a multi-user system or in any manner make the software accessible to others, including via an electronic bulletin board, web site or other form of electronic distribution;
b. modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, or copy (except for the backup copy) the software or the accompanying documentation (if any), except to the extent, if any, that this limitation or any portion of it is expressly prohibited by applicable law;
c. rent, lease or sublicense any rights in the software or accompanying documentation in any form to any person without prior written consent of BA which, if given, is subject to the transferee's consent to the terms and conditions of this License Agreement; or
d. remove any proprietary notices, labels, or marks on the software or documentation.

All rights, title, interest, and all copyrights in and to the software, documentation (if any), and any copy made by you remain owned by BA. Unauthorized copying of the software or the documentation, or failure to comply with the above restrictions, will result in automatic termination of this License Agreement and will make available to BA legal and equitable remedies.

Nothing in this License Agreement or the performance thereof, or that might otherwise be implied by law, will operate to grant you any right, title or interest, implied or otherwise, in or to the software or BA's intellectual property rights.

LIMITATION OF REMEDIES
Your sole and exclusive remedy under this License Agreement shall be refund, repair or replacement of defective media you may have received from BA, at BA's option. BA's maximum liability for any claim by you or anyone claiming through or on behalf of you arising out of your order or any warranty shall not, in any event, exceed the actual amount paid by you to BA for the software. BA does NOT warrant that the functions contained in the software will meet your requirements. Computer software is inherently subject to bugs and potential incompatibility with other computer software and hardware. You should not use the software for any applications in which failure could cause any significant damage or injury to person or tangible or intangible property.

You should be sure that all data files and programs are properly backed up to prevent data loss that could result from a software malfunction.

THE SOFTWARE LICENSED HEREUNDER IS PROVIDED AS IS AND BA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SOFTWARE AND ANY DATA ACCESSED THEREFROM, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE SOFTWARE AND ANY DATA ACCESSED THEREFROM, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BA DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IF THE SOFTWARE OR ANY DATA ACCESSED THEREFROM IS DEFECTIVE, YOU ASSUME THE SOLE RESPONSIBILITY FOR THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF BA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DEFECTS OR DAMAGES.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BA, ITS AFFILIATES, LICENSEES, DEALERS, SUB-LICENSORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW RESTRICTIONS ON IMPLIED WARRANTIES SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BA WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF USE, LOST GOODWILL, COSTS OF PROCUREMENT OR SUBSTITUTE GOODS OR SERVICES, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, BUSINESS INTERRUPTION, OR FOR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, COLLATERAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING, WITHOUT LIMITATION, UNDER ANY CONTRACT, NEGLIGENCE OR OTHER TORT THEORY OF LIABILITY) EVEN IF BA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITED WARRANTY
Bongiovi Acoustics, LLC warrants this software to be free from defects in material and workmanship. Bongiovi Acoustics, LLC will repair or replace this software free of charge if it has proven to be defective within 30 days of purchase. THIS WARRANTY DOES NOT COVER ANY EXPENSES INCURRED IN THE REMOVAL AND RE-INSTALLATION OF THIS PRODUCT. This warranty does not apply to any Bongiovi Acoustics, LLC software used for commercial, rental, industrial purposes, or that is damaged by accident, misuse, abuse, improper line voltage, water, lightening, or if parts or service covered by this warranty are furnished by anyone other than Bongiovi Acoustics, LLC. This warranty does not cover any accessories used in connection with the software or consequential damage due to a defect in the software.

If this software should prove defective within 30 days, contact Bongiovi Acoustics, LLC for instructions on obtaining service. Your dated sales slip or product registration will establish your eligibility for warranty service. Bongiovi Acoustics, LLC will be responsible only for service rendered under this warranty and not the loss of any software delivered to an independent authorized warranty station. This warranty gives you specific rights, and you may also have other rights which vary from state to state.

U.S. GOVERNMENT USERS.
The software provides under this License Agreement is commercial computer software developed exclusively at private expense, and in all respects is proprietary data belonging to Bongiovi Acoustics, LLC or its suppliers.
(a) Department of Defense End Users. If the software is acquired by or on behalf of agencies or units of the Department of Defense (DoD), then, pursuant to DoD FAR Supplement Section 227.7202 and its successors (48 C.F.R. 227.7202) the Government's right to use, reproduce or disclose the software acquired under this License Agreement is subject to the restrictions of this License Agreement.
(b) Civilian Agency End Users. If the software is acquired by or on behalf of civilian agencies of the U.S. Government, then, pursuant to FAR Section 12.212 and its successors (47 C.F.R. 12.212), the Government's rights to use, reproduce or disclose the software acquired under this License Agreement is subject to the restrictions of this License Agreement.

GENERAL
You may terminate this License Agreement at any time by destroying all copies of the software or by all returning copies of the software to Bongiovi Acoustics, LLC. Bongiovi Acoustics, LLC may terminate this License if you fail to comply with any of the terms and conditions of this License Agreement. Upon such termination, you agree to destroy or return the original and all copies of the software. You agree to be responsible for the payment of any taxes resulting from this License Agreement. Any unauthorized rental, lease, sublicense or (except as provided herein) assignment or transfer of any copy of the software shall be void.

CHOICE OF LAW; VENUE, JURISDICTION
This License Agreement will be governed by and interpreted in accordance with the laws of the State of Florida without regard to the conflicts of laws principles thereof. Any dispute or claim arising out of or in connection with the License Agreement shall be finally settled and exclusively by the state or federal courts located in Broward County, Florida. For the purposes of this License Agreement, you and BA hereby irrevocably consent to exclusive personal jurisdiction and venue in the federal and state courts in Broward County, Florida.

ENTIRE LICENSE AGREEMENT
This License Agreement is the entire License Agreement between BA and you with respect to he subject matter hereof and will supersede all prior agreements and communications between BA and you, oral or written.

SEVERABILITY
If any provision of this License Agreement is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability will not effect any other provisions of this License Agreement, and this License Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

AMENDMENT OR MODIFICATION
This License Agreement may not be amended, modified or supplemented by you in any manner, except by an instrument in writing signed by BA and you.
WAIVER
Any of the provisions of this License Agreement may be waived by the party (either BA or you) entitled to the benefit thereof. Neither BA nor you will be deemed, by any act or omission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the waiving party, and then only to the extent specifically set forth in such writing. A waiver with reference to one event will not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event.

NO THIRD PARTIES
This License Agreement is made for the benefit of BA and you only, and this License Agreement is not for the benefit of, and was not created for the benefit of, any third parties including, without limitation, any third party users.

EXPORT CONTROLS
BA and you agree to comply fully with all applicable laws of the United States, or of any foreign government to or from where a party is shipping, to in connection with the import, export or re-export, directly or indirectly, of the Software in connection with this License Agreement.

TIME-LIMITED CLAIMS
Regardless of any applicable law to the contrary, you agree that any claim or cause of action arising out of or related to the software or this License Agreement, must be filed within one year after such claim or cause of action arose or be forever barred.

2010 Bongiovi Acoustics, LLC. All rights reserved. Virtual Subwoofer, Push the Button, Feel the Power and the DPS logo are trademarks of Bongiovi Acoustics, LLC.