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154 ARTURIA – MOOG MODULAR V 2.6 – USER’S MANUAL
You may also not sell the USB-eLicenser separately as a license; the usage rights always
remain with the software, in particular with the original software data carrier (e.g. CD).
8. Assignment of Rights
You may assign all your rights to use the software to another person subject to the conditions
that (a) you assign to this other person (i) this Agreement and (ii) the software or hardware
provided with the software, packed or preinstalled thereon, including all copies, upgrades,
updates, backup copies and previous versions, which granted a right to an update or upgrade
on this software, (b) you do not retain upgrades, updates, backup copies und previous
versions of this software and (c) the recipient accepts the terms and conditions of this
Agreement as well as other regulations pursuant to which you acquired a valid software
license.
A return of the product due to a failure to accept the terms and conditions of this Agreement,
e.g. the product activation, shall not be possible following the assignment of rights.
9. Upgrades und Updates
You must have a valid license for the previous or more inferior version of the software in order
to be allowed to use an upgrade or update for the software. Upon transferring this previous or
more inferior version of the software to third parties the right to use the upgrade or update of
the software shall expire.
The acquisition of an upgrade or update does not in itself confer any right to use the software.
The right of support for the previous or inferior version of the software expires upon the
installation of an upgrade or update.
10. Limited Warranty
Arturia warrants that the disks on which the software is furnished to be free from defects in
materials and workmanship under normal use for a period of thirty (30) days from the date of
purchase. Your receipt shall be evidence of the date of purchase. Any implied warranties on
the software are limited to thirty (30) days from the date of purchase. Some states do not
allow limitations on duration of an implied warranty, so the above limitation may not apply to
you. All programs and accompanying materials are provided “as is” without warranty of any
kind. The complete risk as to the quality and performance of the programs is with you. Should
the program prove defective, you assume the entire cost of all necessary servicing, repair or
correction.
11. Remedies
Arturia's entire liability and your exclusive remedy shall be at Arturia's option either (a) return
of the purchase price or (b) replacement of the disk that does not meet the Limited Warranty
and which is returned to Arturia with a copy of your receipt. This limited Warranty is void if
failure of the software has resulted from accident, abuse, modification, or misapplication. Any
replacement software will be warranted for the remainder of the original warranty period or
thirty (30) days, whichever is longer.
12. No other Warranties
The above warranties are in lieu of all other warranties, expressed or implied, including but not
limited to, the implied warranties of merchantability and fitness for a particular purpose. No
oral or written information or advice given by Arturia, its dealers, distributors, agents or
employees shall create a warranty or in any way increase the scope of this limited warranty.
13. No Liability for Consequential Damages
Neither Arturia nor anyone else involved in the creation, production, or delivery of this product
shall be liable for any direct, indirect, consequential, or incidental damages arising out of the
use of, or inability to use this product (including without limitation, damages for loss of
business profits, business interruption, loss of business information and the like) even if Arturia
was previously advised of the possibility of such damages. Some states do not allow limitations
on the length of an implied warranty or the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusions may not apply to you. This
warranty gives you specific legal rights, and you may also have other rights which vary from
state to state.