5
User Manual
TUNITY OR PROFITS, COST OF COVER OR SPECIAL, INCIDEN-
TAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, EVEN IF YOU
ADVISE THE COMPANY OF THE POSSIBILITY OF SUCH DAMAG-
ES. THIS IS A FUNDAMENTAL TERM OF THIS AGREEMENT AND
YOU ACKNOWLEDGE THAT THE AMOUNT YOU PAID FOR THE
SOFTWARE AND/OR THE PRODUCT REFLECTS THIS ALLOCA-
TION OF RISK. NOTHING IN THIS PARAGRAPH PURPORTS TO
EXCLUDE OR LIMIT THE COMPANY’S LIABILITY FOR DEATH OR
PERSONAL INJURY CAUSED BY NEGLIGENCE OR ANY OTHER
LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW.
5. Other Third-Party Computer Programs: As re-
ferred to herein, the term “Software” refers only to proprietary
MIDAS™ or KLARK TEKNIK™ software, owned by the Company,
that has been provided to you for installation on, or already
installed in, a Product. In addition to the Software, you may
have also been provided, at no additional charge, with a
version of the widely-available GNU Linux Operating System,
which is a modular operating system made up of hundreds of
individual software components, each of which was writ-
ten, and the copyright and other rights in which are owned
individually, by various parties (collectively, “the GNU Linux
Programs”). Each component has its own applicable end user
licence agreement, and many of these agreements permit
you to copy, modify, and redistribute the applicable soft-
ware, but you must review the on-line documentation that
shares a directory or otherwise accompanies each of the GNU
Linux Programs provided to you for the specic terms and
conditions. Nothing in this Licence limits your rights under,
or grants you rights that supersede, the terms of any other
applicable end user licence agreement. If you wish to receive a
computerreadable copy of the source code for any of the GNU
Linux Programs that have been provided with your MIDAS™ or
KLARK TEKNIK™ Product, send a cheque or money order (no
cash accepted), your address and [£10.00] to cover the cost of
optical media, postage and handling, to:
MUSIC Group Research UK Limited
ATTN: Linux Programs CD for MIDAS™/KLARK TEKNIK™
Walter Nash Road,
Kidderminster.
Worcestershire.
DY11 7HJ.
England.
In your request, indicate your Product’s name and model
number, serial number and version/release information. In
your request, also indicate the relevant Software version/re-
lease information. This oer, made pursuant to the GNU Linux
Programs’ end user licence agreements, may expire according
to the terms of those agreements, in which case your cheque
will be returned to you or destroyed at our option. Please note
that the GNU Linux Programs that may be available to you
under this oer consists of the GNU Linux Operating System
components only and none of the proprietary application
software developed by MIDAS or KLARK TEKNIK is included.
Other updated Linux distributions containing application soft-
ware are widely available from a variety of Internet sources,
and are often available at minimal or no cost.
6. Termination: This Licence will terminate immediate-
ly if you violate any of the Licence terms. Upon termination
you must discontinue use of the Software, and either destroy,
erase or return to Company all copies of the Software in your
possession, custody or control, including those in or on the
Product.
7. General: This Licence constitutes the entire agree-
ment between you and the Company with respect to this
Software and, save in the case of fraud, supersedes any other
communication (including advertising). Company reserves
all rights not expressly granted to you in this licence. If any
provision of this Licence is held unenforceable, that provision
shall be enforced to the maximum extent permissible so as
to give eect the intent of this Licence, and the remainder of
this Licence shall continue in full force and eect. This Licence
shall be governed by English law and the Courts of England
and Wales will have exclusive jurisdiction to hear and decide
any dispute concerning it or its formation. No
breach by you of any provision of this Licence shall be waived
or discharged except with the express written consent of the
Company and no failure or delay by the Company to exercise
any of its rights under this Licence shall operate as a waiver
thereof and no single or partial exercise of any such right
shall prevent any other or further exercise of that or any other
right. You acknowledge that the Company could be irrepara-
bly damaged if the terms of this Licence were not specically
enforced, and agree that the Company may seek appropriate
equitable remedies with respect to breaches of this Licence,
including injunctive relief, in addition to such other remedies
as the Company may otherwise have available to it under
applicable laws.
GNU General Public License (GPL)
For details of the Third Party Software License Attribution,
Copyright and Terms and Conditions and Notices, and the
GNU LESSER GENERAL PUBLIC LICENSE, see the MIDAS Digital
Equipment GNU General Public License (GPL) Booklet part
number DOC04-GPL.
