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beyerdynamic SOFTWARE END USER LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY: THIS IS A LEGAL AGREEMENT. BY DOWNLOADING, INSTALLING,
COPYING, SAVING ON YOUR COMPUTER, OR OTHERWISE USING THIS SOFTWARE, YOU ARE BECOMING A
PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS OF THIS
AGREEMENT, THEN YOU SHOULD NOT DOWNLOAD OR INSTALL THE SOFTWARE, YOU SHOULD NOT USE
THE SOFTWARE, AND IF YOU ALREADY DOWNLOADED OR INSTALLED THE SOFTWARE YOU SHOULD
REMOVE THE SOFTWARE FROM YOUR SYSTEM AND DESTROY ALL COPIES.
THIS AGREEMENT SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY beyerdynamic HEREWITH
REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.
Upon Your acceptance of this License Agreement, beyerdynamic grants to You a non-exclusive, non-sublicensable,
non-transferable, non-assignable, royalty-free license to use the Software solely for Your own non-commercial use,
and not for further resale or distribution or any other commercial and/or non-commercial disposal, thus, to be used to
review and evaluate the Software only, provided that You agree
to the following:
“beyerdynamic” means beyerdynamic GmbH & Co. KG, a German corporation with its principal offices located at
Theresienstrasse 8, 74072 Heilbronn, Germany. “You” means an individual or a legal entity exercising rights under,
and complying with all of the terms of, this Agreement. For legal entities, "You" includes any entity which controls, is
controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power,
direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b)
ownership of twenty percent (20%) or more of the outstanding shares or beneficial ownership of such entity.
"Software" means only the beyerdynamic software program herewith, and corresponding documentation, associated
media, printed materials, and online or electronic documentation.
"Trial version" means a version of the Software, so identified, to be used only to review, demonstrate and evaluate the
Software for a limited time period. The Trial version may have limited features and may lack the ability for the enduser
to save the end product.
2. GRANT OF LICENSE , OWNERSHIP
The Software and the documentation which accompany this Agreement are the property of beyerdynamic or its
suppliers. Title and copyrights to the Software (as an independent work and as an underlying work serving as a basis
for any improvements, modifications, derivative works, and applications you may develop), in whole and in part and all
copies thereof, and all modifications, enhancements, derivatives and other alterations of the Software regardless of
who made any modifications, if any, are, and will remain, the sole and exclusive property of beyerdynamic. All rights
not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by
beyerdynamic and its suppliers. The Software is protected by German Law and International Treaty provisions.
Further, the structure, organization, and code embodied in the Software are the valuable and confidential trade
secrets of beyerdynamic and its suppliers and are protected by German and international intellectual property laws
and treaties while beyerdynamic has to be recognized as producer of the software at all times. You agree to abide by
the copyright law and all other applicable laws of Germany and the United States including, but not limited to. Your
acceptance of this Agreement gives You certain obligations and limited rights to use the Software as set forth in this
(i) save and use one copy of the Software on the hard disk of a single computer, which copy can be used
by only one user;
(ii) make one copy of the Software for archival purposes;
(iii) use unregistered Software for evaluation purposes only;
You may not:
(iv) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source
code of the Software, or create derivative works from the Software or portions of the software.
(v) sell, redistribute, encumber, give, lend, rent, lease, sublicense, or otherwise transfer the Software, or any
portions of the Software, to anyone without the prior written consent of beyerdynamic. Editor software,
firmware and trail versions for e.g. controllers or voting purposes is / are exempted from this provision in case
beyerdynamic is recognized as producer of the software and usage is in accordance with sect. 2 (iv) of this
3. LIMITED WARRANTY
Trial Versions are for free. The Software is provided “as is”. The liability of beyerdynamic shall be limited to typical,
foreseeable damages resulting from intent. You also accept responsibility in cases of potential contributory
negligence, this is, You are responsible for regular backup of your data. Any claims become statute-barred after
twelve months subsequent to download of the Software. Product Liability Act: Liability by the terms of the German
Product Liability Act remains unaffected.
Beyerdynamic provides hyperlinks to Biamp web pages and products. Beyerdynamic accepts no liabilities or
warrenties on the behalf of Biamp.
4. RESTRICTED USE DURING EVALUATION PERIOD
You may use an unregistered copy of the Software only for evaluation purposes until You are satisfied that the
Software meets Your requirements. You may not distribute restricted products to end users. Once You are satisfied
that the Software fulfills Your requirements, You must purchase the Software. To purchase, you must contact
If You fail to comply with the terms and conditions of this Agreement, beyerdynamic may terminate this Agreement
and Your right and license to use the Software. You may terminate this Agreement at any time by notifying
beyerdynamic. Upon the termination of this Agreement, You must delete the Software from Your computer and
archives. YOU AGREE THAT UPON TERMINATION OF THIS AGREEMENT FOR ANY REASON, beyerdynamic
MAY TAKE ACTIONS SO THAT THE SOFTWARE NO LONGER OPERATES.
beyerdynamic and other trademarks contained in the Software are trademarks or registered trademarks of
beyerdynamic in Germany, the United States and/or other countries. Third party trademarks, trade names, product
names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or
alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or
labels in the Software. This Agreement does not authorize you to use beyerdynamic’s or its licensors' names or any
of their respective trademarks.
(1) This Agreement constitutes the entire agreement between the parties concerning Your use of the Software,
and supersedes any and all prior or contemporaneous oral or written representations, communications, or
advertising with respect to the Software. No request ordering the Trial Version of the Software, other ordering
document or any hand written or typewritten text which purports to modify or supplement the printed text of
this Agreement or any schedule will add to or vary the terms of this Agreement unless signed by both You and
(2) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance,
shall not waive such term or condition or any subsequent breach.
(3) The provisions of this Agreement which require or contemplate performance after the termination of this
Agreement shall be enforceable notwithstanding said expiration or termination.
(4) If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that
provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement
will remain in full force and effect.
(5) Either beyerdynamic or You may assign this Agreement in the case of a merger or sale of substantially all of
its respective assets to another entity.
(6) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and
(7) This Agreement shall be construed, governed, interpreted and applied in accordance with the laws of
Germany, the U.N. Convention on Contracts for the International Sale of Goods is excluded.
(8) You hereby consent to the exclusive jurisdiction and venue of the District Court Heilbronn, Germany.
If You have any questions, please contact: beyerdynamic GmbH & Co. KG, Theresienstrasse 8, 74072 Heilbronn,