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2 TASCAM SX-1 Reference Manual
TA S C A M Software License Agreement
THIS SOFTWARE LICENSE AGREEMENT
(LICENSE) IS AN AGREEMENT BETWEEN
YOU AND TASCAM, ADIVISION OF TEAC
AMERICA INC. (TASCAM). TASCAM IS
WILLING TO LICENSE THE ENCLOSED SOFT-
WARE TO YOU ONLY UPON THE CONDITION
THAT YOU ACCEPT ALL OF THE TERMS CON-
TAINED IN THIS LICENSE. PLEASE READ THIS
LICENSE CAREFULLY BEFORE USING THE
SOFTWARE. BY USING THE SOFTWARE YOU
INDICATE THAT YOU AGREE TO BE BOUND
BY THE TERMS OF THIS LICENSE. IF YOU DO
NOT AGREE TO THE TERMS OF THIS
LICENSE, TASCAM IS UNWILLING TO
LICENSE THE SOFTWARE TO YOU, AND YOU
SHOULD PROMPTLY RETURN THE UNUSED
SOFTWARE TO THE PLACE WHERE YOU
OBTAINED IT FOR A REFUND.
1. Grant of License. The application, system and all
other software accompanying this License, whether
on CD-ROM or any other media (the Software),
and the related documentation, are licensed to you by
TASCAM solely for your own internal purposes, and
only as described in the documentation, on a single
compatible microcomputer. If the Software is to be
used on two or more microcomputers, a separate
license must be obtained. Use on a network is not
permitted. If this Software is an upgrade to a prior
version, then you must be licensed to use the prior
version of the Software in order to exercise the
license rights granted hereunder, and you may only
use the prior version or the upgrade but not both.
2. Restrictions. The Software contains copyrighted
material, trade secrets, and other proprietary material
of TASCAM and its licensors. You agree that in
order to protect those proprietary materials, you will
not decompile, reverse engineer, disassemble or oth-
erwise reduce all or any part of the Software to
human-readable form. You may not modify, rent,
lease, loan, sub-license, distribute or create deriva-
tive works based upon the Software in whole or in
part. You may not copy the Software except to make
one additional copy of the Software in the form in
which it is provided to you, only for backup purposes
and provided you reproduce on such copy the TAS-
CAM copyright notices and any other proprietary
legends that are on the original copy of the Software.
You may copy the documentation solely for your per-
sonal use. You may transfer the Software and related documentation, and all your license rights thereto, to
another party by transferring to that party both the
original media on which the Software and related
documentation were provided and a copy of this
License, and provided that the other party reads and
agrees to accept the terms and conditions of this
License. Immediately upon transfer, you have no fur-
ther rights to use or own copies of the Software or
related documentation and must destroy all copies in
your possession or control. any transfer of the Soft-
ware must include all prior versions of the Software.
3. Ownership. The Software and documentation are
licensed, not sold, to you for use only under the terms
of this License, and TASCAM reserves all rights not
expressly granted to you in this License. You own the
media on which the Software and documentation are
recorded but TASCAM and/or TASCAM's licensors
retain title to and ownership of the Software and
related documentation, and all intellectual property
rights therein, including, without limitation, copy-
right, patent rights and trade secrets.
4. Termination. This License is effective until termi-
nated. You may terminate this License at any time by
destroying all copies of the Software and related doc-
umentation in your possession or control. This
License will terminate immediately without notice
from TASCAM if you fail to comply with any provi-
sion of this License. Upon termination you must
destroy all copies of the Software and related docu-
mentation in your possession or control.
5. Export Law Assurances. You agree and certify
that neither the Software nor any other technical data
received from TASCAM will be exported outside the
United States except as authorized and as permitted
by the laws and regulations of the United States. If
the Software has been rightfully obtained by you out-
side of the United States, you agree that you will not
re-export the Software nor any other technical data
received from TASCAM except as permitted by the
laws and regulations of the United States and the
laws and regulations of the jurisdiction in which you
obtained the Software.
6. Government End Users. If you are acquiring the
Software on behalf of any unit or agency of the
United States Government, the following provisions
apply. The Software constitutes a commercial item,
as that term is defined at 48 C.F.R. 2.101, consisting
of commercial computer software and commer-
cial computer software documentation, as such
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TASCAM SX-1 Reference Manual 3
terms are used in 48 C.F.R. 12.212, and is provided
to the U.S. Government only as a commercial end
item. Consistent with 48 C.F.R. 12.212 and 48 C.F.R.
227.7202-1 through 227.7202-4, all U.S. Govern-
ment End Users acquire the Software with only those
rights set forth herein.
7. Limited Warranty on Media. TASCAM warrants
the media on which the Software is recorded to be
free from defects in materials and workmanship
under normal use for a period of ninety (90) days
from the date of purchase as evidenced by a copy of
the receipt. TASCAM's entire liability and your
exclusive remedy will be replacement of the media
not meeting TASCAM's limited warranty returned to
TASCAM with a copy of the receipt. TASCAM will
have no responsibility to replace any media damaged
by accident, abuse or misapplication. ANY
IMPLIED WARRANTIES ON THE MEDIA,
INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, ARE LIMITED IN
DURATION TO NINETY (90) DAYS FROM THE
DATE OF DELIVERY. THIS WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS, AND YOU
MAY ALSO HAVE OTHER RIGHTS WHICH
VARY BY JURISDICTION.
8. Disclaimer of Warranty. THE SOFTWARE
AND RELATED DOCUMENTATION ARE PRO-
VIDED AS IS AND WITHOUT WARRANTY
OF ANY KIND. YOU EXPRESSLY ACKNOWL-
EDGE AND AGREE THAT USE OF THE SOFT-
WARE AND RELATED DOCUMENTATION IS AT
YOUR SOLE RISK. SHOULD THE SOFTWARE
OR RELATED DOCUMENTATION PROVE
DEFECTIVE, YOU (AND NOT TASCAM OR
ANY TASCAM'S REPRESENTATIVE) ASSUME
THE ENTIRE COST OF ALL NECESSARY SER-
VICING, REPAIR OR CORRECTION. TASCAM
OR ANY TASCAM'S LICENSORS EXPRESSLY
DISCLAIM ALL OTHER WARRANTIES WITH
RESPECT TO THE SOFTWARE AND RELATED
DOCUMENTATION, WHETHER SUCH WAR-
RANTIES ARE EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABIL-
ITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. WITHOUT LIMIT-ING THE GENERALITY OF THE FOREGOING,
TASCAM AND TASCAM'S LICENSORS MAKE
NO WARRANTY OR REPRESENTATION THAT
THE FUNCTIONS CONTAINED IN THE SOFT-
WARE WILL MEET YOUR REQUIREMENTS,
THAT THE OPERATION OF THE SOFTWARE
WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS IN THE SOFTWARE WILL BE
CORRECTED, OR THAT THE SOFTWARE AND
RELATED DOCUMENTATION WILL BE COR-
RECT, ACCURATE, OR RELIABLE. NO ORAL
OR WRITTEN INFORMATION OR ADVICE
GIVEN BY TASCAM OR ANY OF ITS EMPLOY-
EES, REPRESENTATIVES, OR RESELLERS
SHALL CREATE ANY WARRANTY IN ADDI-
TION TO THOSE GIVEN HEREIN. SOME JURIS-
DICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
9. Limitation of Liability. UNDER NO CIRCUM-
STANCES SHALL TASCAM BE LIABLE FOR
ANY INCIDENTAL, SPECIAL OR CONSEQUEN-
TIAL DAMAGES THAT RESULT FROM THE
USE OR INABILITY TO USE THE SOFTWARE
OR RELATED DOCUMENTATION UNDER ANY
THEORY, INCLUDING CONTRACT, TORT, OR
NEGLIGENCE, EVEN IF TASCAM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSE-
QUENTIAL DAMAGES SO THE ABOVE LIMI-
TATION OR EXCLUSION MAY NOT APPLY TO
YOU.
IN NO EVENT SHALL TASCAM'S LIABILITY
TO YOU FOR DAMAGES, LOSSES, AND
CAUSES OF ACTION (WHETHER IN CON-
TRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE), IF ANY, EXCEED THE AMOUNT
PAID BY YOU FOR THE SPECIFIC LICENSE OF
THE SOFTWARE AND RELATED DOCUMEN-
TATION TO WHICH THE LIABILITY IS
RELATED.
YOU ARE URGED TO FREQUENTLY BACK-UP
YOUR DATA AND YOU ASSUME FULL
RESPONSIBILITY FOR FAILURE TO DO SO.
