EULA (End-user license agreement) & Disclaimer

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.

IV. Venue Database#

  1. Submissions. The Software allows you to submit venue designs, photographs and related information (together, “Submissions”) to the CODA Audio Venue Database. Submitting is voluntary. CODA Audio will review each Submission and decides at its sole discretion whether to publish, edit or reject it. You have no claim to publication, and no remuneration is owed for Submissions.

  2. Grant of rights. By submitting, you grant CODA Audio a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable and sub-licensable right to use and exploit your Submissions in all media and by all technical means, in particular to store, reproduce, distribute, publicly make available, edit, adapt and redesign them, and to use and exploit the results to the same extent as the originals. This right covers the operation and promotion of the Venue Database and CODA Audio’s business purposes. It also includes the right to let users of the Venue Database download and use the published venue files, and the photos and information published with them, for their own sound system design work. CODA Audio may name you as the author of a Submission but is not obliged to. To the extent legally permissible, you waive any right to be named.

  3. Your warranties. You warrant that

    1. you have created the venue files yourself and have taken the photographs yourself, and you hold all rights necessary to grant the rights in IV.2.;

    2. your Submission does not infringe any third-party rights (including copyrights of architects, planners or artists, trademarks, and rights of venue owners and operators), and you were permitted to take, use and publish the photographs and plans;

    3. your Submission contains no confidential or proprietary information of third parties; and

    4. photographs do not show recognisable persons or vehicle license plates. Please blacken faces and license plates before submitting. CODA Audio may do so for you or reject the Submission.

  4. Indemnification. You will indemnify CODA Audio against third-party claims, including reasonable legal costs, arising from a breach of your warranties in IV.3., unless you are not responsible for the breach.

  5. Removal. CODA Audio may remove or reject any Submission at any time without giving reasons. If you ask for removal of your Submission, CODA Audio will remove it from the Venue Database within a reasonable time. CODA Audio cannot recall copies already downloaded or distributed, and rights granted for these copies remain unaffected.

  6. No guarantee of accuracy. Venue files and information in the Venue Database are provided by users. CODA Audio does not guarantee that they are accurate, complete or up to date, and you use them at your own risk. Your statutory rights remain unaffected.

  7. Personal data. Personal data you provide in connection with a Submission is processed in accordance with the CODA Audio Privacy Policy [https://codaaudio.com/privacy-policy/].

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

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