GENERAL TERMS AND CONDITIONS OF CONTRACT BETWEEN USERS NEODUCTION AND ITS PRODUCTS
TERMS AND CONDITIONS
NEODUCTION, SL (NEODUCTION) is a Spanish engineering company based on hardware and SOFTWARE related to sound, intelligibility and mastering. In connection with its proprietary SOFTWARE grants licenses to its customers under the conditions set below. These licenses are granted for an unlimited time, so that both parties, NEODUCTION and users, accept legal agreements herein detailed, which for all purposes is deemed as a contract to establish the rights and obligations that governs the relationship between users and NEODUCTION, both as regards to current products and the ones which could be offered in the future. These Terms and Conditions shall prevail over any general condition that the user could claim, unless expressly agreed in written form by NEODUCTION. Any amendment of the Terms and Conditions made by NEODUCTION will be considered accepted whenever the client / user does not explicitly reject within one month of receiving the relevant communication. Conversely, if the customer / user rejects the new Terms and Conditions, previous Terms and Conditions will endure for him. If you agree with its contents simply accept in the relevant section and keep the document as it serves as a proof that you can exercise through its license all rights granted by this contract. If you do not agree with the terms which are explained here, please do not accept them.
NEODUCTION SOFTWARE LICENSE
1. GRANT OF LICENSE
In addition to what is detailed in the next section, NEODUCTION license agreement of products allows you to use a specific copy of the SOFTWARE on a single computer. However, if you have multiple licenses for the same product this Agreement allows you to simultaneously use as many computers as licenses owned. It is considered that the SOFTWARE is being used on a computer when it is loaded into temporary memory (RAM) or permanent (hard disk, CD-ROM or other storage device). If there is a higher number of users than contracted licenses, you must ensure, through some logical procedure, that the number of licenses is not exceeded by those users.
2. DEMO SOFTWARE
NEODUCTION can, in some cases, make demo software available to its users for a limited period and whose duration will always be established by NEODUCTION, in order that such users may know the product before purchasing. In that case the license to use the demo software will last for the duration of the test period and NEODUCTION will not offer any warranty for its use.
3. NEW VERSIONS OF SOFTWARE
For updates of previous versions to be performed, the user must hold a valid license for said version in order to enable the appropriate update. After upgrading the SOFTWARE, the license will no longer permit the use of the old version of the SOFTWARE.
4. PROPERTY RIGHTS IN THE SOFTWARE
Copyright SOFTWARE, business proposals, patents, image and brand are all property of NEODUCTION, which are protected by Spanish, European and other state legislations, in which Terms and Conditions are determined. However, you may transfer the SOFTWARE to a single hard disk for the purpose of keeping the original solely for backup or archival purposes. You cannot copy the written materials accompanying the SOFTWARE.
5. OTHER CONDITIONS
Customer may not transfer its license except if this is done permanently, which means transferring this License Agreement, the SOFTWARE and all of its rights to the new user, who must agree to the terms of this Agreement. You can not allow others: a) reverse engineer, decompile, disassemble or search the source code derived from the SOFTWARE; b) modify or prepare derivative works of the SOFTWARE; c) Make copies of the SOFTWARE, except as provided herein; and / or use the SOFTWARE in any manner that infringes the intellectual property or any other proprietary rights. Any transfer of the SOFTWARE must include the most recent update and all previous versions.
SOFTWARE INSTALLATION PROCESS
Our products may contain some additional means of activation in order to protect against illegal copying, but allow permanent use of the SOFTWARE only after the activation process has been fully completed. In such cases the SOFTWARE can be used only with the USB-eLicenser, which is also necessary for the trial period. The USB-eLicenser required for activation of our SOFTWARE products, as well as for subsequent updates, can be purchased through our website, but if you already have a model compatible with ours may not need to purchase one again. Our website contains information on the compatibility of the USB e-Licenser required for the activation of products. Note that you can only use the SOFTWARE on a single computer while using the USB-eLicenser.
PRODUCT WARRANTY NEODUCTION
CONDITIONS OF WARRANTY
According to Spanish and EU legislation, NEODUCTION, for both the SOFTWARE and hardware, guarantees product refund if the customer decides to return the goods within 14 days, provided that installation has not been performed or that these Terms and Conditions have not been accepted. For this condition to hold, it is essential that the product has not been tampered with, remains unsealed and that the customer provides all its distinctive features, packaging, documents, invoices, etc .... On the contrary this warranty would be cancelled. Where applicable, the client can use the product demo with limited date of use and free of cost to determine the characteristics of the product before purchasing. NEODUCTION guarantees, for one year from the date of receipt, the suitability and performance of the SOFTWARE in accordance with the technical specifications and the accompanying hardware. The SOFTWARE will be free from defects in material and workmanship, under normal use and service. NEODUCTION will respect the Terms and Conditions of warranty status of the user / client if these were different and more advantageous.
LIMITATION OF WARRANTY AND LIABILITY.
Under no circumstances will NEODUCTION be responsible for any damages (including, without limitation, direct, indirect, punitive, special, incidental or consequential damages, or damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising from customer use or inability to use the NEODUCTION products, or coming out from any NEODUCTION media, even in the case that NEODUCTION has been advised of the possibility of such damages. Because in some countries the exclusion or limitation of liability for consequential or incidental damages is not allowed, the above limitation may not apply, so in that case, our total liability for any claim for damages shall not exceed US $ 1,000 .
The foregoing limitation of liability is comprehensive and exclusive, it applies even if NEODUCTION had been advised of the possibility of claims, losses or damages that exceed the limit and applies regardless of the success or effectiveness of any other remedy.
If any provision of this Agreement is found unenforceable, that provision shall be deemed deleted from this Agreement and the remaining provisions enforced in accordance with its terms. In the absence of a written agreement signed by both parties to this Agreement shall be solely valid for all purposes regarding the SOFTWARE. This Agreement expressly supersedes and replaces any other license agreement to our SOFTWARE.
The user agrees not to use any NEODUCTION trademarks, brand names or logos without the prior written consent of NEODUCTION.
The waiver by either party to pursue a breach of any provision of this Agreement shall not constitute or be construed as a waiver of any later Agreement of the same or different disposition.
In the event that any provision of this Agreement is held invalid, unenforceable or illegal, such invalidity, illegality or unenforceability shall not affect the remaining provisions of this Agreement and the Agreement shall be construed as if the contested provision had not been contained herein .
NO OBLIGATION OF SUPPORT
NEODUCTION is not required to furnish or make available more information, software, technical information, know-how, or support. NEODUCTION reserves the right to make changes to the SOFTWARE and all materials provided then without notice.
To resolve any legal claims that may arise between both parties submit to the courts of the city of Valencia (Spain), waiving any jurisdiction that may apply.
Protection of personal data according to the Data Protection Act
Neoduction SL, under current legislation regarding the protection of personal data, reports that the personal data collected through the forms on the website http://www.neoduction.com are included in the computerized files of user specific services Neoduction SL
The collection and processing of personal data is aimed at maintaining the business relationship and the performance of tasks of information, training, counseling and other activities of the Neoduction SL
This data will only be transferred to those entities that are necessary for the sole purpose of complying with the purpose stated above.
Neoduction SL adopt the necessary measures to ensure the security, integrity and confidentiality of data in accordance with the provisions of Organic Law 15/1999 of December 13, Protection of Personal Data (Data Protection Act).
The user may at any time exercise their rights of access, opposition, rectification and cancellation recognized in the Data Protection Act cited. The exercise of these rights may be the user via email to firstname.lastname@example.org address C/ Antonio Maura, 8 Bajo, 46100 - Burjassot (Valencia).
You represent that all information provided by him are true and correct and undertake to keep them updated, communicating changes Neoduction SL.
Data collected by service users
In cases where the user including files containing personal data on shared hosting servers, Neoduction SL not responsible for the breach by the user of the Data Protection Act.
Data retention in accordance with the LSSI
Neoduction SL reports that, as a hosting service provider and data under the provisions of the July 11 Ley34/2002 Services Information Society and Electronic Commerce (LSSI), retained for a maximum period of 12 months essential information to identify the source of the data stored and the time when the service started. The retention of such data does not affect the secrecy of communications and may only be used within the framework of a criminal investigation or to safeguard public safety, making himself available to the judges and/or courts or the Ministry which thus requires . Data communication to the State Forces will be under the provisions of the legislation on personal data protection.
Intellectual Property Rights http://www.neoduction.com
Neoduction SL owns all copyrights, intellectual property, industrial, 'know how' and any other rights related to the content of the website http://www.neoduction.com and the services offered on it, as well as the programs necessary for its implementation and related information. No Reproduction, publication and / or use of the contents strictly private, full or partial, of the website http://www.neoduction.com without the prior written consent.
Software Intellectual Property
You should respect others programs made available by Neoduction SL, while being free and/or publicly available.
Neoduction SL has exploitation rights and intellectual property of the software needed.
The user does not acquire any right or license by the contracted service, to the software necessary to provide the service, nor the technical information service trace, except for the rights and licenses necessary for the fulfillment of the contracted services and only for the duration thereof. For any action that exceeds the performance of the contract, the user will need written permission from Neoduction SL, Being forbidden the user to access, modify, view the configuration, structure and property files servers of Neoduction SL, assuming the civil and criminal liability arising from any incident that might occur on servers and security systems as a direct result of negligence or malicious on his part.
Intellectual property content hosted
The use contrary to intellectual property law services provided by Neoduction SL and in particular: The use that is contrary to Spanish laws or which infringes the rights of others.
The publication or transmission of any content that, in the opinion of Neoduction SL, is violent, obscene, abusive, illegal, racist, xenophobic or defamatory.
The cracks, software serial numbers or any other content that violates intellectual property rights of third parties.
The collection and / or use of personal data of other users without their express consent or contrary to the provisions of Law 15/1999, of December 13, Protection of Personal Data.The use of domain mail server and e-mail addresses for sending unsolicited bulk.
The user has full responsibility for the content of its website, the information transmitted and stored, hypertext links, third party claims and legal actions in reference to intellectual property rights of others and the protection of minors. The user is responsible regarding the laws and regulations in force and the rules that have to do with running the online service, electronic commerce, copyright, maintain public order, and universal principles of Internet use.
The user indemnifies Neoduction SL for expenses that generate the imputation of Neoduction SL some cause whose responsibility was attributable to the user, including fees and legal expenses, even if a court decision is not final.
Protection of information hosted
Neoduction SL backs of the content hosted on their servers, however not responsible for the loss or accidental deletion of data by users. Similarly, the replacement does not guarantee total data deleted by users, since such data could have been deleted and / or modified during the period of time since the last backup. The services offered, except specific backup services do not include the replacement of the contents stored in the backups made with Neoduction SL When this loss is attributable to the user, in this case, rate will be determined according to the complexity and volume of the recovery, always previous user acceptance. The replacement of deleted data is only included in the price of the service when content loss is due to causes attributable to Neoduction SL.
Pursuant to LSSI. Neoduction SL will not send advertising or promotional communications by email or other means of electronic communication that have not been previously requested or expressly authorized by the recipient of such.
For users with whom there is a prior contractual relationship Neoduction SL if it is allowed to send commercial communications relating to products or services Neoduction SL that are similar to those initially made a contract with the customer. In any case, the user can request that you do not get more commercial information through channels Customer, upon proof of identity.