Marratech Web Site Terms & Conditions

Please read the following information carefully. It sets out the terms conditions of use of Marratech's web sites. Your use of these sites implies your unconditional acceptance of these terms.

Marratech refers to Marratech AB and any subsidiary or associate company or organisation authorised by Marratech AB to trade under the Marratech name. All content of Marratech web sites is the copyright of Marratech AB. The company name and logo are trademarks of Marratech AB.

In addition to marratech.com, Marratech has web sites which relate to certain countries. By accessing a Marratech web site, you accept that all content is legally protected and agree that you shall not extract, reuse, store, copy, reproduce, distribute or share it either directly or indirectly, using any media whatsoever. Any use, copy or reproduction of this site, either complete or partial, other than for the ‘permitted purpose’ described in these terms is expressly forbidden.

Information on Marratech web sites may only be used as a reference aid for use in connection with the application of Marratech software solutions (the ‘permitted purpose’). It must not be used for commercial purposes. You shall not acquire any intellectual property rights whatsoever concerning the content of this site, nor any rights whatsoever relating to branding and distinctive images, technologies and other features contained within this site.

The downloading onto your computer system and your subsequent use of data, documents and software from the Marratech web sites for the ‘permitted purpose’ is entirely under your control and is at your risk. When installing Marratech software, you will be presented with terms and conditions for use. Installation is subject to your full and unequivocal acceptance of these terms and conditions.

Marratech takes great care in compiling the information contained within its web sites but does not guarantee that the information is free of errors or is exhaustive. Marratech will not be held responsible for errors or omissions or for direct or indirect losses of any description whatsoever resulting from use of the Marratech web sites, their contents, or any facilities either within the Marratech web site or linked to it. Marratech does not guarantee the availability or quality of any services or other products listed or referred to on Marratech web sites or via any third party links.

Claims, views and expressed opinions within the pages of the Marratech web sites or in associated newsletter, news bulletins, Forums or other communications are not necessarily those of Marratech, its employees or executives. Marratech assumes no responsibility for errors or omissions.

You undertake that any user comment or other item you may submit for possible publication on Marratech Forums or for other purposes does not infringe any third party intellectual property or publicity/privacy rights or violate any laws or regulations. You further undertake not to submit any material which is defamatory, obscene or pornographic or containing any viruses or other computer software which is intended to damage or interfere with the functioning of Marratech web sites or the business of Marratech. In submitting material you indemnify Marratech, its directors and officers against any claim whatsoever resulting from any such material submitted by you.

Marratech AB - 2004

Terms and conditions of use for Marratech software

Notice to user: This software licence agreement governs your use of the freely available Marratech Pro software and evaluations of the Marratech E-meeting Portal.

Before agreeing with the license agreement by clicking 'accept' upon installation of the software, please carefully read the agreement, which contains the terms under which you ('Licensee') are acquiring a free license to use the Marratech Pro software and/or the evaluations of the Marratech E-meeting Portal.

If you choose not to accept, the software installer will close. To install you must accept this agreement.

1. Definitions
For the purpose of this Software License Agreement the following words or expressions shall have the meaning set out against them:

'Licensor' means Marratech AB with registration number 556554-2635.

'Licensee' means you as the recipient of the Marratech Pro and/or the evaluations of the Marratech E-meeting Portal software.

'Licensed Program' means the free Marratech Pro and/or evaluations of the Marratech E-meeting Portal software. Licensee will not obtain access to or use any of the Licensed Programs source code.

'Documentation' means the relevant manuals for the Licensed Program to be found under 'Support' on Marratech's web site, www.marratech.com

'Licensed Material' means collectively the Licensed Program and the Documentation.

2. Licence Grant
Licensor grants to Licensee a non-exclusive, non-transferable licence, to use the Licensed (Material) Program solely for Licensee's own use on the terms and conditions of this Agreement.

IT IS AN INFRINGEMENT OF COPYRIGHT TO USE OR COPY LICENSED PROGRAM AND DOCUMENTATION OTHERWISE THAN IS EXPRESSLY PERMITTED IN THIS AGREEMENT. INFRINGEMENTS OF COPYRIGHT CAN GIVE RISE TO CIVIL AND CRIMINAL PENALTIES.

3. Use
The Licensee may use the Licensed Program only for its own use and, shall not use or attempt to use the Licensed Program or the Documentation:

i. for the purposes of decompilation, reverse engineering or similar; and/or
ii for the purpose of attempting to circumvent capacity restrictions and limits and/or time limits imposed for evaluation (if applicable)
iii. to distribute pornography ; and /or
iv. contrary to any other provisions of this Agreement.

For purposes of providing back-up the Licensee may only make such back-up copies of the Licensed Program as are reasonably necessary for operational security. Such copies shall remain the property of Licensor and/or its licensors and shall be subject to the same conditions as the original.

The Licensee shall not make or permit others to make any copies of the Documentation without the prior written consent of Licensor.

The Licensee shall not use evaluation versions of the software for longer than the permitted time limit by any means, including, but not restricted to: reinstallation of the OS, reinstallation of the Licensed Program or by exploiting any flaws leading to time limit circumvention.

The Licensed Program is not intended for use in the operation of nuclear facilities, aircraft navigation or communication systems, aircraft control systems, life support machines or other equipment in which the failure of the Licensed Program could lead to death, personal injury or serve physical or environmental damage.

4. Proprietary Rights
The Licensed Program and all copies thereof and Documentation are the property of Licensor and/or its licensors and title thereto remains vested in Licensor and/or its licensors. All applicable rights, including, but not limited to, patents, copyrights, trademarks, and trade secrets, in the Licensed Program are, and will remain, vested in Licensor and/or its licensors, and Licensee shall not sell, rent, lease, transfer the Licensed Program or copies thereof. Licensee agrees to secure and protect each Licensed Program and all copies thereof in a manner consistent with the maintenance of Licensor's and its licensors' rights therein.

The Licensee shall not acquire any title, copyright or other proprietary rights in the Licensed Program or the Documentation.

The Licensee agrees not to remove or in any way modify any proprietary marking including, but not limited to, any trade mark or copyright notices on or in the Licensed Program or its carrier medium or on any Documentation. The Licensee shall incorporate such proprietary markings in any derivative material, i.e. on Documentation, the sign-on screen, and the CD labels in accordance with Licensors policies in effect from time to time. The Licensee shall not make any modifications, additions or enhancements to the Licensed Program.

5. Confidentiality
a. The Licensee hereby acknowledges that the Licensed Material contain confidential information of Licensor and/or its licensors. The Licensee undertakes to keep confidential the Licensed Material and shall not divulge the same to any third parties.

b. The provisions of this Section shall not apply to any information which:
i. is or becomes within the public domain other than by breach of this Section; and/or
ii. is in the possession of the receiving party without restriction before the date of receipt from the disclosing party; and/or
iii. is obtained from a third party free of restriction.

c. The obligations as to disclosure and confidentiality shall continue in force notwithstanding the termination of this Agreement for any reason whatsoever.

6. Warranty Of Performance
Licensor does not warrant that the functions contained in the Licensed Program will meet Licensee's requirements, that the operation of Licensed Program will be uninterrupted or error free, or that the Licensed Program will run properly on all hardware.

Notwithstanding any warranty made herein, Licensor shall not be liable for any failure of the Licensed Program to provide any facility or function not described in the Documentation or any failure of the Licensed Program if the Licensed Program are modified by any person other than Licensor or is used by any person in an unauthorised manner.

7. Limitations Of Liability
Licensor shall not be liable to the Licensee either in tort, contract, negligence or otherwise whatsoever for any loss, damage, injury or expense, howsoever arising, out of or in connection with the supply or use of the Licensed Material or the manner of Licensor's performance under this Agreement.

UNDER NO CIRCUMSTANCES WILL LICENSOR BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE OF HARDWARE, OR FOR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF LICENSEE OR WHETHER IN ACTION FOR CONTRACT, BREACH OF WARRANTY, TORT OR OTHERWISE.

8. General
This Agreement is the entire agreement between the parties with respect to its subject matter as of its date, and supersedes all prior conditions, negotiations, representations and proposals, written or verbal. The terms and conditions contained herein shall prevail notwithstanding any variance with the terms and conditions of any order submitted by Licensee for the Licensed Program provided hereunder.

Except as expressly provided in this Agreement, no warranty, condition, undertaking or term, whether express or implied, statutory or otherwise, is given or assumed by Licensor, including but not limited to as to the condition, quality, performance, merchantability or fitness for purpose of the Licensed Program and/or the manner of Licensor's performance under this Agreement, and except as expressly provided in this Agreement all such warranties, conditions, undertakings and terms are hereby excluded.

9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the kingdom of Sweden.

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Marratech products include audio software from Global IP Sound:
GIPS, NetEQ, iPCM-wb, SoundWare Patents and Patents Pending, Global IP Sound AB.
Portions Copyright © 1999-2002, Global IP Sound AB.
www.globalipsound.com