Averager – End User Licence Agreement
Please read this End-User License Agreement (“Agreement”) carefully before downloading or using Averager (“Application”).
By downloading or using the Application, you, the Licensee, are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not download or use the Application.
Eclipse Audio grants the Licensee a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for combining or averaging loudspeaker measurements for loudspeakers.
Granting of a License requires payment of a one-time fee.
Upon receipt of payment, license activation codes will be provided.
Once activated, the Application will periodically attempt to validate the presence of an active license over the internet. If an internet connection is unavailable, the user will be warned to connect to the internet within a number of days and restart the Application.
A License for the Application is not transferrable. The License and/or license keys or activations codes may not be sold, rented or leased to parties other than the original License holder.
Disclaimer of Warranty
Eclipse Audio licences the Application on an ‘AS IS’ basis. Eclipse Audio makes no warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose, regarding the Application. Neither the Licensee, its employees, agents, or Distributors have any right to make any other representation, warranty or promise with respect to the Application. Eclipse Audio may release improved versions of the Application but offers no commitment whatsoever that such releases will occur at any time or for anybody.
Liability for Consequential Damages
Eclipse Audio will not be liable for any consequential, special, incidental, direct or indirect damages of any kind, including the loss of data, damage to the computer running the Application, damage to audio processing equipment, amplifiers, or damage to loudspeakers resulting from the use of the Application, including any future updates.
The Application contains copyrighted material, trade secrets and other proprietary material. You may not, and may not attempt to, modify, reverse engineer, disassemble or decompile the Application. Nor may you create any derivative works that are based upon or derived from the Application.
Eclipse Audio, the Eclipse Audio logo and the Application’s logo may not be used in any way to promote products developed with the Application without the prior written consent of Eclipse Audio. Eclipse Audio retains sole and exclusive ownership of all rights, title and interest in and to the Application and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of the Application. No program, code, part, image, or text may be copied or used in any way by the Licensee except as intended within the bounds of the program. All rights not expressly granted hereunder are reserved by Eclipse Audio.
Modifications to the Application
Eclipse Audio reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects (including the licensing server), with or without notice and without liability to you.
Eclipse Audio reserves the right to log statistical information about feature use in the Application, and the Application may periodically send this information back to Eclipse Audio. No Personally Identifiable Information (PII) is included.
Amendments to this Agreement
Eclipse Audio reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice, by email and the Eclipse Audio website, prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Users acknowledge and agree that it is their responsibility to review the terms of this agreement periodically and become aware of modifications.
If you have any questions about this Agreement, please contact us using the Contact page.