EULA (End-user license agreement) & Disclaimer

CODA System Optimiser End User License Agreement Version 1

This End User License Agreement (“Agreement”) governs the legal relationship between CODA AUDIO INTERNATIONAL AD, UIC 204324051, Druzhba residential complex, bldg. No. 282, entr. B, fl. 3, apt. 3, 1582 Sofia, Bulgaria (“CODA”), on one side, and the end user (hereinafter referred to as “User” or “You”) with respect to the use and grant of license over System Optimiser (“Software”) – CODA’s proprietary audio system design software tool.

In order to use the Software, you must agree to the terms and conditions of this Agreement by clicking the button provided below. By clicking the “I AGREE” button below, OR by otherwise using the Software, you unconditionally and expressly accept all terms and conditions of this Agreement.

I. SUBJECT OF THE AGREEMENT

  1. CODA hereby grants the User a non-exclusive, non-sublicensable, non-transferable right to use the Software for its intended purposes, namely the design of audio systems and sound equipment rigging installation suggestions based on predictive modelling, subject to the terms and conditions of this Agreement.

  2. The Software was designed and created to work using CODA Audio Loudspeakers and is not tested nor intended to perform optimally when using audio loudspeakers produced by other manufacturers.

  3. The User is solely responsible to provide and maintain a functional computer system that matches at least the minimum system requirements to use the Software as available at the following web address: https://docs.codasystemoptimiser.com/.

II. INTELLECTUAL PROPERTY AND EXTENT OF RIGHTS GRANTED

  1. The User hereby agrees and acknowledges that the Software is, in its entirety, the property of CODA. CODA reserves all rights, title and interest in and to the Software, including, but not limited to, all related intellectual property rights. This Agreement grants no other rights to the User beyond the ones expressly set forth herein.

  2. The User shall not modify, copy, translate, decompile, disassemble, or reverse engineer any part of the Software or its source code, nor not change, remove, or conceal in any way any copyright and/or authorship notices attributable to the Software without CODA’s prior written consent.

III. LIMITATIONS OF LIABILITY

  1. The license provided hereunder does not grant the User any rights to use the logo, trademarks, or name of CODA.

  2. The Software is made available free of charge at CODA’s website and the User bears the full risk and sole responsibility of using it. By accepting the terms and conditions hereunder, the User agrees and acknowledges that CODA provides no warranties or guarantees, whether express or implied, with respect to the Software’s fitness for any particular purpose.

  3. CODA shall bear no liability for any bugs, defects, or inconsistencies in the Software’s performance, nor any damages, whether direct or indirect, or losses which are the result of downloading, installing, or operating the Software.

  4. The Software is not designed nor meant to take into account or predict in a reliable manner the circumstances, factors, and specific parameters related to the safety of practical sound equipment rigging and/or installation. The User is solely and entirely responsible to duly adhere to any safety requirements and ensure that installation is performed by qualified personnel using quality hardware. The “rigging” tool included in the Software is not meant to provide technical guidance and should not be perceived by the User or anyone as a source of exact mathematical calculations and mechanical instructions with respect to the practical mounting and installation of sound equipment.

Disclaimer

In addition to the End-user license agreement, we are giving you the following disclaimer to outline some of your responsibilities arising from End-user license agreement and your usage of the System Optimiser.

  • The safety of the loudspeaker system is solely the responsibility of the person installing it. Please refer to the Rigging Calculations page for more information about the rigging tool included in System Optimiser

  • SPL’s predicted by System Optimiser assume free-field response, and as such, may differ slightly from reality.

  • SPL numbers predicted by System Optimiser must not be used to assess possibility for hearing damages

  • SPL numbers predicted by System Optimisers must not be used in the verification process of EVAC systems. Only real measurements can confirm the required performance