Denon DN-S3500 User Manual download pdf (Page 6)

IMPORTANT - PLEASE READ

Terms and Condition of End-User License Agreement

The software upgrade program for Denon CD/M1P3 models provided herewith (the “Software”) a proprietary to D&M

PROFESSIONAL, division of D&M Holdings US Inc. (“D&M PR O”) and has been made available to you only in accordance with

and subject to the terms and conditions of this License Agreement. By installing or using the Software, you will be confirming your

acceptance of the Software and your agreement to be bound by all of the following terms and conditions, including, without

limitations, the disclaimers which are a part hereof.

IF YOU DO NOT AGREE TO THE FOLLOWING TERMS AND CONDITIONS DO NOT INSTALL OR USE THE SOFTWARE.

1. Title.

The Software is the property of D&M PRO. No title or ownership therein or thereto le transferred to you hereunder. This License

only provides you with obrtain prescribed rights to use the Software, subject always to the terms and conditions herein set forth.

All rights in and to the Software are reserved by D&M PRO.

2. Limited Rights of Use.

This License only allows you to use the Software for your own infamai purposes and solely in connection with a Denon CD/MP3

Player that you personally own (the “Product”). The Software is licensed not sold. Ali rights not specific ally granted to you

hereunder are retained exclusively by D&M PRO.

3. Non-Disclosure.

You acknowledge that the Software e proprietary to and a trade secret of D&M PRO, and you agree not to make or distribute

copies of the Software or to transfer the Software electronically or otherwise to any other person. The Software e protected by

Without limiting the

generality of the foregoing, you also agree:

(a) Not to transfer the Software from one computer to another or over a network.

(b) Not to decompile, reverse engineer, disassemble or modify the Software in any way or for any purpose.

(o) Not to resell, rent or otherwise transfer the Software to any other person.

(d) Not to create or distribute any derivative works based upon the Software or any part thereof.

(e) Not to use the Software in any other machine other than the model intended.

4. Limited Warranty.

The Software has been provided to you free of charge and “AS IS” with all faults provided, that, D&M PRO’s Limited Waranty

shall continue to apply with respect to the Product after installation of the Software, subject to all of the terms and conditions of

such Limited Warranty, including its duration based on the original date of purchase of the Product. D&M PRO makes no other

warranty of any kind, express or implied, including, without limitation, any implied warranty of merchantability or fitness

for particular purpose, non-infringement or otherwise

with respect to the Software or the Product. Without limiting the

generality ofthe foregoing:

(a) D&M PRO assumes no responsibility for and shall have no liability of any kind with respect to any problems encountered in

conjunction with or arising out oft he downloading of the Software, including, without limitation, problems resulting from any

interruption that may have occurred while downloading the Software.

(b) Neither D&M PRO nor any of it distributor’s suppliers or other vendors

shall be required to provide you with any technical

support or services of any kind relating to the Software.

5. No Consequential Damages.

Except as may be prohibited by law,

Neither D&M PRO nor any of its distributors shall be liable for any indirect, special, incidental

or consequential damages or losses of any kind incurred or arising out of or in connection with your downloading or use of the

Software.

6. HoId Harmless and Limit of Liability.

You agree to release and hold harmless D&M PRO and its distributors of and from any and all claims, demands, suits,

proceedings, Iosses, damages, liabilities, costs and expenses (including attorneys’ fees and disbursements) of any kind arising out

of or relating to the Software or its use. EXCEPT AS MAY BE PROHIBITED BY LAW, IN NO EVENT WILL D&M PRO OR ITS

SUPPLIERS BE LIABLE TO YOU FOR ANY AMOUNT ABOVE FIFTY DOLLARS ($50,00).

7.Governing Law.

The terms and conditions oft his License Agreement shall be governed by and construed in accordance with the law of the Stats of

New York. Any claims, actions or proceedings relating to this License Agmeemen to the enforcement hereof shall be brought in the

courts oft he State of New York

or Federal Courts located in New York, NY, and you waive any objection to the jurisdiction of such

courts.

8. Entire Agreement.

The terms and conditions harem set forth constitute the antire agreement between you and D&M PRO with respect the subject

Matter hereof, and all agreements, commitments, undertakings, understandings or statements of any kind previously made by

D&M PRO or any of its distributors with respect to the subject matter hereof are merged herein and superseded by this License

Agreement. No amendment or modification of the terms oft his License Agreement shall be effective or binding on D&M PRO

unless it is made in writing and executed or published by D&M PRO. References to “D&M PRD” herein include D&M Holdings US

Inc. its subsidiaries and affiliates.

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Denon DN-S3500 User Manual Page 6

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