Lexicon PCM Native Chamber Reverb, PCM Native Vintage Plate Reverb, PCM Native Room Reverb, PCM Native Hall Reverb, PCM Native Plate Reverb User's Manual

REVERB PLUG-IN

END-USER LICENSE AGREEMENT

IMPORTANT. READ CAREFULLY. THIS END-USER LICENSE AGREEMENT
(“AGREEMENT”) DEFINES THE LEGAL AGREEMENT BETWEEN YOU (INDIVIDUAL OR
ENTITY) AND HARMAN PROFESSIONAL, INC. (“HARMAN”). YOU ARE PERMITTED TO
USE THE REVERB PLUG-IN SOFTWARE (“SOFTWARE””) ONLY IF YOU ACCEPT ALL OF
THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. BY USING THE
SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF
THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND, YOU MUST STOP USING THE
SOFTWARE. YOU AND HARMAN AGREE AS FOLLOWS:

1. Grant of License. Subject to the restrictions defined in this Agreement, You are permitted to
use the Software for your personal entertainment and enjoyment purposes.

2. License Restrictions. You will not, or assist or direct any third person to: (i) extract,
separate, remove or otherwise copy the Software; (ii) disassemble, decompile, reverse engineer
or otherwise convert any part of the Software to source code or a human-perceivable form; (iii)
adapt, modify or create a derivative work of the Software; (iv) distribute, encumber, lease, rent,
sell, transmit, transfer, or otherwise dispose of the Software, in whole or in part; (v) create, image,
measure or record any impulse response of the Software or incorporate or utilize any impulse
response or measurement of the Software with any convolution reverb or any other signal
processing means; or (vi) utilize the Software in any way to replicate, reproduce or otherwise
mimic the sound processing method of the Software. You will not take any action to jeopardize,
limit or interfere in any manner with Harman’s or its licensors’ ownership of the Software.

3. Ownership of Software. The Software consists of Harman’s proprietary software and may
contain software obtained from third-party licensors. You acknowledge that the Software is the
sole property of Harman and its licensors. Harman and its licensors retain all rights, title and
interest in and to the Software, including any and all modifications, updates, derivative works and
all associated intellectual property rights therein, including those modifications, updates and
derivative works created by You. This Software contains Harman’s proprietary methods and
techniques protected by Harman as a trade secret. Except as expressly granted to You under
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Software. You will not delete, remove or otherwise alter any copyright, trademark, confidentiality
or other proprietary notice appearing in the Software. Harman reserves the sole and exclusive
right at its discretion to assert claims against third parties for infringement or misappropriation of
its intellectual property rights in the Software.

4. Termination. This Agreement is effective until terminated by Harman. Your rights to use the
Software will automatically terminate, with or without notice, upon any violation or breach of this
Agreement by You, in which case you will immediately stop all use of the Software.

5. SEPARATE LIMITED WARRANTY. HARMAN OFFERS A LIMITED WARRANTY TO YOU
FOR YOUR USE OF THE SOFTWARE AS DEFINED BY THE HARMAN LIMITED WARRANTY
INCLUDED WITH THE SOFTWARE (“LIMITED WARRANTY”). THIS AGREEMENT DOES
NOT CONTAIN OR CONSTITUTE A NEW OR SEPARATE WARRANTY REGARDING THE
SOFTWARE AND DOES NOT MODIFY OR EXTEND THE LIMITED WARRANTY. THIS
AGREEMENT DOES NOT: (I) PROVIDE YOU ANY ADDITIONAL REMEDIES; OR (II)
CONSTITUTE A MODIFICATION OR EXTENSION OF THE REMEDIES AVAILABLE TO YOU
AS SET FORTH IN THE LIMITED WARRANTY.

6. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, HARMAN PROVIDES THE SOFTWARE “AS IS” AND WITHOUT
WARRANTY. HARMAN DISCLAIMS ALL COMMON LAW AND STATUTORY WARRANTIES
AS TO THE CONDITION, QUALITY, FITNESS, MAINTENANCE AND USE OF THE

SOFTWARE, INCLUDING AND WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT
OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. NO HARMAN DEALER, AGENT OR
EMPLOYEE IS AUTHORIZED TO CREATE, MODIFY, EXTEND OR OTHERWISE MAKE ANY
WARRANTY ON BEHALF OF HARMAN.

7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT WILL HARMAN, INCLUDING ITS PARENT COMPANY, AFFILIATES,
EQUITY HOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ITS
SUPPLIERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INCIDENTAL, INDIRECT,
SPECIAL, REMOTE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING
AND WITHOUT LIMITATION, COSTS OF PROCUREMENT OF SUBSTITUTE OR
REPLACEMENT PRODUCTS, LOSS OF INFORMATION, DATA OR CONTENT, LOSS OF

REVENUE OR PROFITS OR ATTORNEY’S FEES, ARISING FROM OR CAUSED BY,

DIRECTLY OR INDIRECTLY, THE SALE OR USE OF OR INABILITY TO USE THE
SOFTWARE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE AT LAW OR IN EQUITY, EVEN IF HARMAN HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL BE
EFFECTIVE EVEN IF ANY REMEDY IN THIS AGREEMENT OR OTHERWISE PROVIDED BY
HARMAN FAILS OF ITS ESSENTIAL PURPOSE. TO THE EXTENT PERMITTED BY

APPLICABLE LAW, IN NO EVENT WILL HARMAN’S TOTAL AND AGGREGATE LIABILITY

FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT OR ARISING FROM THE
SOFTWARE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE, AT LAW OR IN EQUITY, EXCEED THE PURCHASE
PRICE OF THE SOFTWARE.

8. Irreparable Harm. You agree that Your breach or threatened breach of any provision of this
Agreement will cause irreparable harm to Harman for which a remedy at law would be
inadequate. Harman is entitled to seek all available remedies at law and in equity, including
injunctive relief, to enforce any provision of this Agreement and to restrain You from adapting,
disclosing, distributing, modifying, publishing, transferring, using or otherwise disposing of the
Software, in whole or in part, directly or indirectly, in breach of this Agreement.

9. U.S. Government Restricted Rights. Use, duplication and disclosure by the U.S.
Government is subject to restrictions set forth in this Agreement.

10. Export Restrictions. You will obey the laws and regulations of the United States governing
exports and re-exports of the Software.

11. Governing Law. This Agreement shall be governed by and construed in accordance with
the substantive laws of the state of New York, excluding all applicable laws pertaining to conflicts
of law and the United Nations Convention on Contracts for the International Sale of Goods.

12. Limitation of Transfer. The Software and this license to use the Software is transferable,
provided that: (i) all Software updates are included in the transfer; (ii) You do not retain a copy of
the Software; (iii) You transfer the Software upon and as an intact part of a permanent and
permissible transfer of the Product; and (iv) the transferee agrees to be bound by the terms and
conditions of this Agreement in connection with the use of the Software. The terms and
conditions of this Agreement will bind and inure to the benefit of such permitted transferees.

13. Survival. Sections 3, 4, 6, 7, 11 and 13 will survive the termination and expiration of this
Agreement.

14. Entire Agreement. This Agreement is the complete and final agreement between You and
Harman with respect to the subject matter of this Agreement. To the extent that any terms of any

Harman policies or programs for support services conflict with the terms of this Agreement, the
terms of this Agreement shall control.

14. Severability. If any court or other tribunal of competent jurisdiction finds or holds any
provision of this Agreement to be void, invalid, illegal or otherwise unenforceable the remaining
provisions of this Agreement will remain in full force and effect.

15. Copyright Notices, Attributions and Licenses. Some of Harman’s licensors require the

reproduction of certain copyright notices and authorship attribution in Harman’s documentation.

Such notices, attributions and licenses are as follows:

Steinberg VST PlugIn SDK Version 2.4 – Copyright 2006, 2009 Steinberg Media
Technologies GmbH. All rights reserved.

VST is a trademark of Steinberg Media Technologies GmbH

16. Open Source. Certain libraries are licensed to You under the terms of the GNU General
Public License, Version 2 (“GNU GPL”). Harman is not allowed to sub-license the GNU GPL
libraries to You as You are deemed to have Your own direct license from the original licensee.
Harman does not modify these libraries in any way. Harman hereby offers to You, upon Your
request and for the actual costs of materials and shipping, all source code and object code files
for all GNU libraries contained in the Software.

Copyright (C) 1989, 1991 Free Software Foundation, Inc., 59 Temple Place,
Suite 330, Boston, MA 02111-1307 USA Everyone is permitted to copy and
distribute verbatim copies of this license document, but changing it is not
allowed.

17. GNU General Public License, Version 2, June 1991

Preamble: The licenses for most software are designed to take away your freedom to share and
change it. By contrast, the GNU General Public Licenses are intended to guarantee your freedom
to share and change free software--to make sure the software is free for all its users. This
license, the Lesser General Public License, applies to some specially designated software
packages--typically libraries--of the Free Software Foundation and other authors who decide to
use it. You can use it too, but we suggest you first think carefully about whether this license or the
ordinary General Public License is the better strategy to use in any particular case, based on the
explanations below.
When we speak of free software, we are referring to freedom of use, not price. Our General
Public Licenses are designed to make sure that you have the freedom to distribute copies of free
software (and charge for this service if you wish); that you receive source code or can get it if you
want it; that you can change the software and use pieces of it in new free programs; and that you
are informed that you can do these things.
To protect your rights, we need to make restrictions that forbid distributors to deny you these
rights or to ask you to surrender these rights. These restrictions translate to certain
responsibilities for you if you distribute copies of the library or if you modify it. For example, if you
distribute copies of the library, whether gratis or for a fee, you must give the recipients all the
rights that we gave you. You must make sure that they, too, receive or can get the source code. If
you link other code with the library, you must provide complete object files to the recipients, so
that they can relink them with the library after making changes to the library and recompiling it.
And you must show them these terms so they know their rights. We protect your rights with a
two-step method: (1) we copyright the library, and (2) we offer you this license, which gives you
legal permission to copy, distribute and/or modify the library. To protect each distributor, we
want to make it very clear that there is no warranty for the free library. Also, if the library is
modified by someone else and passed on, the recipients should know that what they have is not
the original version, so that the original author's reputation will not be affected by problems that
might be introduced by others. Finally, software patents pose a constant threat to the existence