Lexicon PCM Native Dual Delay, PCM Native Stringbox, PCM Native Resonant Chords, PCM Total Bundle, PCM Total Bundle Upgrade User's Manual

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LEXICON PLUG-IN

END-USER LICENSE AGREEMENT

I MPORT A NT. READ CARE F UL L Y . T HIS E ND-USER L I CENS E A G RE E MENT (“AGREEMENT”) DEFINES THE LEGAL AGREEMENT BETWEEN YOU (INDIVIDUAL OR ENTITY) AND HARMAN PROFESSIONAL, INC. (“HARMAN”). YOU ARE PERMITTED TO USE THE 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 humanperceivable 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 the terms of this Agreement, Harman does not grant You any right, title or interest in or to the 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 SOF TWARE, I NCLUDI NG AND WI THOUT LIMITATI ON, THE WA RRANTI E S OF

ME RCHANTABILIT Y , FIT NESS FO R A NY P ART ICULAR PURPOSE O R NONINFRINGEMENT 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, SPE CIAL , RE MOTE, E XEMPL ARY, PUNITIVE O R 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 repro duction o f certain co pyright n otices and a uthorship a tt ribution in Harman’s documentation. Such notices, attributions and licenses are as follows:

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 of any free program. We wish to make sure that a company cannot effectively restrict the users of a free program by obtaining a restrictive license from a patent holder. Therefore, we insist that any patent license obtained for a version of the library must be consistent with the full freedom of use specified in this license.

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