FlavourSys Strawberry End User License Agreement

Updated: June 10, 2017

 

This agreement is between FlavourSys Technology GmbH (together with its affiliates) and you. Please read this agreement carefully. These terms apply to the FlavourSys software, along with the media on which you received it (if any). These terms also apply to any updates, support services, or Internet services for the software, unless other terms accompany those items. If so, those terms apply.
The Flavoursys software you have licensed may include locked software that you may choose to license and activate in the future. If you choose to do so, these terms will apply, unless other terms are presented to you when you license and activate the software.

By using the software, you accept these terms. If you do not accept them, do not use the software. Instead, return it to the reseller for a refund or credit.

Please read this entire agreement, including section H (Consumer Rights Not Affected), for more information. The software may be distributed with components from other vendors that are subject to different terms. Please read this entire agreement, including sections 7 (Third Party Software) and 8 (Third Party Information), for more information. 

DEFINITIONS & INTERPRETATIONS

“Computer” means a desktop, notebook, netbook or similar computer owned by and in the control of the Licensee;

“Effective Date” means the date when the Licensee agrees to the terms and conditions of this EULA, as detailed in the preamble to this EULA;

“EULA” means this end-user licence agreement (including the preamble), and any amendments to it from time to time;

“Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights (and the “intellectual property rights” referred to above include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);

“Licensee” means the licensee of the FlavourSys software under this EULA;

“Licensor” means FlavourSys Technology GmbH, including our owners, employees, partners, independent contractors, subsidiaries, affiliates, attorneys, agents, heirs, and assigns;

“Software” means the software that accompanies this EULA including the term “software upgrades”

“Strawberry” is a software product developed and marketed by FlavourSys Technology GmbH

“Upgrade” an upgrade, update, enhancement, improvement or patch to the Software supplied by the Licensor.

 

1. LIMITED RIGHTS TO INSTALL AND USE THE SOFTWARE.

FlavourSys grants you the following rights, subject to your purchase of the corresponding software license (if applicable) and the terms and conditions below:

1.1. Concurrent user (“floating”) license.

If you purchased a concurrent user license, you may install one or more copies of the software on hardware devices within your internal computer network for your internal use. The software may be used concurrently by a number of individuals equal to or less than the number of concurrent user licenses you have purchased. This right is limited to the country in which you acquire the license, unless you acquire the license in the European Union or the European Free Trade Association, in which the case this right is limited to the member countries of the European Union and the European Free Trade Association. Software subject to a floating license may be offered on a subscription basis.   

1.2. Volume license (or site license). 

For each volume license that you purchase, you may install one copy of the software on one hardware device and use the software on only that device for your internal business or your personal enjoyment. You may deactivate licensed devices and redeploy your purchased volume licenses to different devices within your internal computer network using the administration tools provided to you by FlavourSys. Software subject to a volume license may be offered on a subscription basis.

1.3. Commuter license.

You may install one or more copies of the software on hardware devices within your internal computer network for your internal use. The software may be used concurrently by a number of individuals equal to or less than the number of concurrent user licenses you have purchased. In addition, licenses may be assigned to individual hardware devices for use outside of your internal computer network. When a license is assigned to an individual device, that license no longer is available for use by concurrent users on your computer network. These rights are limited to the country in which you acquire the license, unless you acquire the license in the European Union or the European Free Trade Association, in which the case these rights are limited to the member countries of the European Union and the European Free Trade Association. Software subject to a commuter license may be offered on a subscription basis.

1.4. Free download license. 

You may download, install, and use the software for your internal business use or your own personal enjoyment, but you may not redistribute the software. 

1.5. Subscription.

For software available on a subscription basis, you may install and use the most current version of the software during the term of your subscription on one or more hardware devices, as permitted by and subject to the restrictions of the relevant license type. Subscription based software requires an Internet connection. Upon expiration of the subscription period or non-payment of the subscription fee, the software may become inactive without notice and will not be reactivated until the subscription is renewed, FlavourSys receives payment, or a new subscription is purchased.

 

2. LIMITED RIGHTS TO MEDIA ELEMENTS.

The software may include certain pictures, animations, sounds, music and video clips for your reuse. You may create your own works based upon these media elements, and copy, modify, distribute, display, and perform your derivative works provided that:

2.1. you indemnify, defend, and hold FlavourSys harmless from and against any claims or liabilities arising from your use of the media elements;

2.2. you include a valid copyright notice on your derivative works. You may not sell, license or distribute the media elements by themselves or as part of any collection, product or service whose value is derived solely or primarily from the media elements themselves.

 

3. LICENSE CONDITIONS.

3.1. Technical limitations.

This software may include technological measures, whether in the software or in bundled hardware or both, that are designed to prevent or detect unlicensed use of the software. Circumvention of these technological measures is prohibited, except and only to the extent that applicable law expressly permits, despite this limitation. Any attempt to circumvent technical limitations may render the software or certain features unusable or unstable, and may prevent you from updating or upgrading the software.

3.2. Reverse engineering and copying.

You may not reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation. If the software is distributed with third party components licensed under the terms of the GNU Lesser General Public License (LGPL), you may reverse engineer the software for the sole purpose of debugging your modifications to the LGPL software.

However, modified software is not covered by your limited warranty. See section F (Exclusions from Warranty) for details. You may copy the software only to the extent necessary for backup or archival purposes in support of your use of the software. You must include all copyright and other legal notices appearing on the software in any copies that you make.

3.3. No software hosting or rental.

No software hosting or rental except as permitted in Section 1.5. You may not make the software available for others to copy or use.

3.4. No reconfiguration.

The software is licensed for installation and use only in the manner it was provided to you, as configured by an automated installation program provided with the software, or as described in FlavourSys’ documentation. You may not separate the components contained in the software or otherwise reconfigure the software to circumvent technical limitations on the use of the software or to otherwise exceed the scope of your license.

3.5. Academic Use.

If the software is designated or specially-priced as an „Academic“ or „Education“ version, it is licensed only for use by students, faculty, and staff of an educational institution.

3.6. Evaluation software.

If the software is designated or specially-priced as an “Evaluation,” “Trial,” „Not for resale“ or „NFR“ version, you may only use the software for demonstration, testing, or evaluation purposes.

3.7. Time limits.

If the software is designated or specially-priced as a time-limited “Evaluation,” “Loan,” “Trial,” “Rental,” “Subscription” or „Temporary“ version, the rights granted to you by FlavourSys expire at the end of the time period. The software may contain technical measures that automatically disable the software at the end of the time period.

3.8. No illegal use.

This product is intended for use with content that you own, license, or obtain from the public domain. You may not use this product to violate any law, including copyright laws.

3.9. Subscription software requires an internet connection for activation, validation, and renewal of the Software. The software may become inactive without notice in the event the software cannot access the internet or payment is not received.

 

4. LICENSE SCOPE.

The software is licensed, not sold. This agreement only gives you certain rights to use the software, which may be revoked if you do not follow these terms. FlavourSys and its suppliers reserve all rights not expressly granted to you in this agreement. The software is protected by copyright and other intellectual property laws and treaties.

 

5. CONFIDENTIALITY.

You acknowledge that the software, together with any bundled hardware, contains proprietary and confidential property of FlavourSys or FlavourSys’ suppliers. You may not disclose this confidential information to anyone other than your employees or consultants who need access to the confidential information to carry out their duties and who are bound by appropriate confidentiality or nondisclosure agreements.

 

6. UPGRADES AND CROSSGRADES.

To use software identified as an upgrade or crossgrade, you must first be licensed to use eligible software identified by FlavouRsys. Upon upgrade, this agreement governs your use of the upgraded software. If you choose to upgrade your software, you may not use the original software and the upgraded software at the same time. Certain software may require a current FlavourSys support contract for access to upgrades. Also, you may not sell or transfer the original software separately from the upgraded software. See section 9 (Software Transfer) for more detail about transfers.

 

7. THIRD PARTY SOFTWARE. 

The software may be distributed with components from other vendors that are subject to different terms. Your installation and use of those components is subject to those terms, which can be found on the media on which the software is provided. Nothing in this agreement limits rights granted to you by third parties, which may include rights under free software or open source software licenses.

 

8. THIRD PARTY INFORMATION.

FlavourSys may include information about third party products and services, including links to Web sites run by others. FlavourSys is not responsible for, and does not endorse or sponsor, this third-party information.

 

9. SOFTWARE TRANSFER.9.1. Device transfer.

If your license is limited to one hardware device, you may transfer your licensed copy of the software to a different device for your internal business use or your own personal enjoyment provided that you completely remove the software from the former device. However, in order to be able to transfer your licensed copy of the software to a different device you need a new license key. This license key has to be provided by FlavourSys.

9.2. Software upgrades.

If you have upgraded your software, you may not separately transfer the original software and the upgraded software.

 

10. CONSENT TO USE OF DATA.

FlavourSys may collect and use technical information about the software and the hardware devices you use in connection with the software in a manner that does not personally identify you. FlavourSys may use this information to improve our products or to provide customized services or technologies. FlavourSys may also disclose this information to third parties so that they may improve the way their products or services interact with the software. In addition, the software may include security elements that detect unauthorized use or copying of the software and may report such unauthorized use or copying to FlavourSys. The software may connect to the Internet without notice for these purposes. If you do not consent to these practices, do not use the software. 

 

11. EXPORT RESTRICTIONS.

The software is subject to International export laws and regulations. These laws include restrictions on destinations, end users and end use. 

 

12. TERMINATION.

To the extent permitted by law, and without prejudice to any other rights, FlavourSys may terminate your license if you materially breach these terms and conditions.

 

13. LIMITATION ON AND EXCLUSION OF DAMAGES.

Except for liability for death or personal injury caused by FlavourSys’ negligence or fraud, or other liability that cannot lawfully be excluded or restricted, you may recover from FlavourSys and its suppliers only direct damages up to the amount you paid for the software. You cannot recover lost profits, data loss, business damage or any other loss or damages including consequential, special, indirect or incidental damages.

This limitation applies to:  the software and anything related to it;  services provided in connection with the software;  hardware provided with the software;  third-party content, including programs and information; and  claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if:  repair, replacement or a refund for the software does not fully compensate you for any losses; or  FlavourSys knew or should have known about the possibility of the damages. Some Countries and States do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to you.

The limitation or exclusion also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

 

14. NOTICE TO U.S. GOVERNMENT END USERS. 

The software is a “commercial item,” as that term is defined in 48 C.F.R. 2.101 (Oct. 2005), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 2005). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 2005), all U.S. Government End Users acquire the software with only those rights set forth herein. All software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with „Restricted Rights“ as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227- 7013 (OCT 1988), as applicable. This provision does not apply to you if you are not affiliated with the government of the United States of America.

 

15. GOVERNING LAW.15.1. The United States. 

If you acquired the software in the United States, Massachusetts law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you reside govern all other claims, including claims under state consumer protection and unfair competition laws.

15.2. Outside the United States.

If you acquired the software in any other country, the laws of that country apply.

15.3. Legal effect.

This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the reseller from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.

 

16. ENTIRE AGREEMENT.

This agreement (including the warranty below), and any additional terms provided with supplements, updates, Internet-based services and support services that you use or purchase, are the entire agreement for the software and related services.

 

17. SEVERABILITY.

If any provision of this agreement is legally invalid, the agreement shall endure except for the invalid provision. However, if a court determines that any provision is invalid, the court may limit the provision, delete specific words or phrases, or replace the invalid provision with a provision that is valid and that comes closest to expressing the intent of the invalid provision.

 

ADDITIONAL NOTICES.18.1. MPEG-4.

MPEG-4 technology may be included with the software.

MPEG LA, L.L.C. requires this notice: THIS PRODUCT IS LICENSED UNDER THE MPEG-4 VISUAL PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER FOR (i) ENCODING VIDEO IN COMPLIANCE WITH THE MPEG-4 VISUAL STANDARD (“MPEG-4 VIDEO”) AND/OR (ii) DECODING MPEG-4 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED BY MPEG LA TO PROVIDE MPEG-4 VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION INCLUDING THAT RELATING TO PROMOTIONAL, INTERNAL AND COMMERCIAL USES AND LICENSING MAY BE OBTAINED FROM MPEG LA, LLC. SEE HTTP://WWW.MPEGLA.COM. THIS PRODUCT IS LICENSED UNDER THE MPEG-4 SYSTEMS PATENT PORTFOLIO LICENSE FOR ENCODING IN COMPLIANCE WITH THE MPEG-4 SYSTEMS STANDARD, EXCEPT THAT AN ADDITIONAL LICENSE AND PAYMENT OF ROYALTIES ARE NECESSARY FOR ENCODING IN CONNECTION WITH (i) DATA STORED OR REPLICATED IN PHYSICAL MEDIA WHICH IS PAID FOR ON A TITLE BY TITLE BASIS AND/OR (ii) DATA WHICH IS PAID FOR ON A TITLE BY TITLE BASIS AND IS TRANSMITTED TO AN END USER FOR PERMANENT STORAGE AND/OR USE, SUCH ADDITIONAL LICENSE MAY BE OBTAINED FROM MPEG LA, LLC. SEE HTTP://WWW.MPEGLA.COM FOR ADDITIONAL DETAILS.

18.2. H.264/AVC.

H.264/AVC technology may be included with the software.

MPEG LA, L.L.C. requires this notice: THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL USE OF A CONSUMER OR OTHER USES IN WHICH IT DOES NOT RECEIVE REMUNERATION TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM.

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LIMITED WARRANTY A. LIMITED WARRANTY. If you follow the instructions, use the software only with qualified or certified third-party products, install any updates made available to you by FlavourSys, and the software is properly licensed, the software will perform substantially as described in FlavourSys’ software documentation.

TERM OF WARRANTY. (i) Minimum term. The limited warranty covers the software for 60 days after it has been acquired by the first user. The laws of your country or state may require a warranty term longer than 60 days, in which case FlavourSys will provide the minimum warranty term required by applicable law. (ii) Updates. If you receive supplements, updates, or replacement software during the term of the limited warranty, they will be covered for the remainder of the term.

GEOGRAPHIC SCOPE. This limited warranty applies to products purchased anywhere in the world.

LENGTH OF ANY IMPLIED WARRANTIES. To the extent permitted by law, any implied warranties, guarantees, terms or conditions last only during the term of the limited warranty. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee, term or condition lasts.

WARRANTY RECIPIENT. If transferring the software to another end user, the remainder of the warranty term will apply to the recipient.

EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond FlavourSys’ reasonable control. This warranty also does not cover software that has been modified by anyone other than FlavourSys or an authorized FlavourSys reseller or service provider.

REMEDY FOR BREACH OF WARRANTY. FlavourSys will repair or replace software that is returned to FlavourSys within the warranty term at no charge. If FlavourSys cannot repair or replace it, FlavourSys will refund the amount shown on your receipt for the software. You must deactivate and uninstall the software and return any media and other associated materials to FlavourSys with proof of purchase to obtain a refund. If you purchased the software as part of a system bundled with hardware, please ask the hardware vendor for any specific refund policies that may apply to you.

CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your local laws, which this agreement cannot change. For example, consumers in the European Union may be entitled to a limited warranty term of two years. In Australia, (1) our goods come with guarantees that cannot be excluded under the Australian Consumer Law, (2) you are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage, and (3) you are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. For more information about your rights, please contact your local authority, trading standards department, citizen’s advice bureau or local equivalent.

NO OTHER WARRANTIES. The limited warranty is your only warranty from FlavourSys. To the extent permitted by law, FlavourSys and its suppliers give no other express warranties, guarantees, terms or conditions, including warranties that the software is error-free, fault-tolerant, or uninterruptable. Where allowed by your local laws, FlavourSys excludes implied warranties, terms and conditions of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in section G (Remedy for Breach of Warranty) above, to the extent permitted by your local laws.

LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. Section 13 (Limitation on and Exclusion of Damages) applies to breaches of this limited warranty.

LEGAL EFFECT. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. You may also have other rights which vary from country to country.

EXCLUDED PRODUCTS. FlavourSys gives no warranty for third-party software or software provided by FlavourSys free of charge, including software designated as “limited release,” “pre-release,” “loan,” “beta,” or “test.” This software is provided “AS IS” and with all faults.

WARRANTY PROCEDURES AND CONTACTS. For information regarding your warranty, please visit www.flavoursys.com/contact, where you can find contact information for your local FlavourSys office, sales representative, or an authorized reseller.


FlavourSys Osiris End User License Agreement

Updated: April 17, 2018


DEFINITIONS & INTERPRETATIONS

In this End-User License Agreement:

“Computer” means a desktop, notebook, netbook or similar computer owned by and in the control of the Licensee;

“macOS” (OSX) means a series of Unix-based graphical interface operating systems developed and marketed by Apple Inc.

“Effective Date” means the date when the Licensee agrees to the terms and conditions of this EULA, as detailed in the preamble to this EULA;

“EULA” means this end-user licence agreement (including the preamble), and any amendments to it from time to time;

“Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights (and the “intellectual property rights” referred to above include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);

“Licensee” means the licensee of the FlavourSys software Osiris under this EULA;

“Licensor” means FlavourSys Technology GmbH, including our owners, employees, partners, independent contractors, subsidiaries, affiliates, attorneys, agents, heirs, and assigns;

Microsoft” means an American multinational technology company headquartered in Redmond, Washington, that develops, manufactures, licenses, supports and sells computer software, consumer electronics and personal computers and services.

“Microsoft Windows” (or simply Windows) means a metafamily of graphical operating systems developed, marketed, and sold by Microsoft.

“Software” means the software that accompanies this EULA including the term “software upgrades”

“Strawberry” is a software product developed and marketed by FlavourSys Technology GmbH

“Upgrade” an upgrade, update, enhancement, improvement or patch to the Software supplied by the Licensor.

 

COPYRIGHT.

Osiris (the Software), created by FlavourSys Technology GmbH (FlavourSys)  is owned by FlavourSys. By activating this software, you are agreeing to be bound by the terms of this license. If you do not agree to this license, you may deactivate or stop using the software on your own behalf.

 

GRANT OF LICENSE.

With your activation of Osiris , FlavourSys grants you the right to use the software in conjunction with your existing and activated Strawberry software license only! The license agreement applies when you activate the Osiris software either for trial purposes or for permanent use.

You may use Osiris on multiple computers that are running FlavourSys’ approved versions of the OSX operating system only! Furthermore you may use Osiris on multiple computers that are running FlavourSys’ approved versions of the Avid Media Composer software only!

You may use Osiris in conjunction with the Strawberry software product only, provided that each installation is specifically for the correct number of licensed Strawberry users.

 

RIGHT OF REFUSAL.

FlavourSys reserves the right to grant a license to the Software at their sole discretion.

 

RESTRICTIONS.

You may not make copies of any documentation, web pages, or any written material copyright by FlavourSys without written permission from FlavourSys. You may not decompile or reverse engineer the Software. Furthermore, you will not share binaries or source code of FlavourSys software at any time.

 

RIGHTS.

FlavourSys retains all rights not expressly granted. Nothing in this license agreement constitutes a waiver of FlavourSys Software under any International, Federal or State law.

 

LIMITED WARRANTY.

FlavourSys warrants that the Software will perform substantially in accordance with the accompanying written materials in combination with the following software applications and versions only:

  • Avid Media Composer 7.0 (macOS Only)
  • Avid Media Composer 7.1 (macOS Only)
  • Avid Media Composer 7.2 (macOS Only)
  • Avid Media Composer 7.5 (macOS Only)
  • Avid Media Composer 8.0 (macOS Only)
  • Avid Media Composer 8.1 (macOS Only)
  • Avid Media Composer 8.2 (macOS Only)
  • Avid Media Composer 8.3 (macOS Only)
  • Avid Media Composer 8.4 (macOS Only)
  • Avid Media Composer 8.5 (macOS Only)
  • Avid Media Composer 8.6 (macOS Only)
  • Avid Media Composer 8.7 (macOS Only)
  • Avid Media Composer 8.8 (macOS Only)
  • Avid Media Composer 8.9 (macOS Only)
  • Avid Media Composer 8.9.1 (macOS Only)
  • Avid Media Composer 8.9.2 (macOS Only)
  • Avid Media Composer 8.9.3 (macOS Only)
  • Avid Media Composer 2018.1 (macOS Only)
  • Avid Media Composer 2018.2 (macOS Only)
  • Avid Media Composer 2018.3 (macOS Only)

FlavourSys does currently not provide the Osiris software for Microsoft Windows operating systems nor does it plan to provide Osiris for Microsoft Windows operating systems at any foreseeable point in the future.

 

LIMITATION OF LIABILITY.

In no event shall FlavourSys be liable to you or any party related to you for any indirect, incidental, consequential, special, exemplary, or punitive damages or lost profits, even if FlavourSys has been advised of the possibility of such damages. In any event, FlavourSys’ total aggregate liability to you for all damages of every kind and type (regardless of whether based in contract or tort) shall not exceed the purchase price of the Osiris software product.

Any implied warranties on the software are limited to the above Avid Media Composer and OSX versions only!  This Limited Warranty is void if a failure of the software has resulted from accident, abuse, or misapplication.

NO OTHER WARRANTIES. FLAVOURSYS DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL FLAVOURSYS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS PRODUCT, EVEN IF FLAVOURSYS SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

 

THIRD PARTY TRADEMARKS.

AVID and Media Composer, as well as every Avid Media Composer version mentioned in this EULA, are trademarks of Avid Technologies (www.avid.com).  Apple and OSX, as well as every OSX version mentioned in this EULA, are trademarks of Apple in the U.S. (www.apple.com).