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IMPORTANT - PLEASE READ
Terms and Conditions of End-User License Agreement
The software upgrade program for model DN-S3000 provided herewith (the "Software") is proprietary to DENON, Ltd. ("DENON") and
has been made available to you only in accordance with and subject to the terms and conditions of this License Agreement. By installing or
using the Software, you will be confirming your acceptance of the Software and your agreement to be bound by all of the following terms
and conditions, including, without limitation, the disclaimers which are a part thereof:
1. Title.
The Software is the property of DENON. No title or ownership therein or thereto is transferred to you hereunder. This License
only provides you with certain prescribed rights to use the Software, subject always to the terms and conditions herein set forth.
All rights in and to the Software are reserved by DENON.
2. Limited Rights of Use.
This License only allows you to use the Software for your own internal purposes and solely in connection with Denon’s DN-S3000
tabletop CD player (the “Product”).
3. Non-Disclosure.
You acknowledge that the Software is proprietary to and a trade secret of DENON, and you agree not to make or distribute copies
of the Software or to transfer the Software electronically or otherwise to any other person. Without limiting the generality of the
foregoing, you also agree:
(a) Not to transfer the Software from one computer to another or over a network.
(b) Not to decompile, reverse engineer, disassemble or modify the Software in any way or for any purpose.
(c) Not to resell, rent or otherwise transfer the Software to any other person.
(d) Not to create or distribute any derivative works based upon the Software or any part thereof.
4. Limited Warranty.
The Software has been provided to you free of charge and on an “AS IS” basis; provided, that, DENON’s Limited Warranty shall
continue to apply with respect to the Product after installation of the Software, subject to all of the terms and conditions of such
Limited Warranty, including its duration based on the original date of purchase of the Product. DENON makes no other
warranty of any kind, express or implied, including, without limitation, any implied warranty of merchantability or fitness
for particular purpose, with respect to the Software or the Product. Without limiting the generality of the foregoing:
(a) DENON assumes no responsibility for and shall have no liability of any kind with respect to any problems encountered in
conjunction with or arising out of the downloading of the Software, including, without limitation, problems resulting from any
interruption that may have occurred while downloading the Software.
(b) Neither DENON nor any of its distributors shall be required to provide you with any technical support or services of any kind
relating to the Software.
5. No Consequential Damages.
Neither DENON nor any of its distributors shall be liable for any indirect, special, incidental or consequential damages or losses
of any kind incurred or arising out of or in connection with your downloading or use of the Software.
6. Hold Harmless.
You agree to release and hold harmless DENON and its distributors of and from any and all claims, demands, suits, proceedings,
losses, damages, liabilities, costs and expenses (including attorneys' fees and disbursements) of any kind arising out of or relating
to the Software or its use.
7. Governing Law.
The terms and conditions of this License Agreement shall be governed by and construed in accordance with the law of the State of
Illinois. Any claims, actions or proceedings relating to this License Agreement or the enforcement hereof shall be brought in the
courts of the State of Illinois or Federal courts located in the State of Illinois, and you waive any objection to the jurisdiction of
such courts.
8. Entire Agreement.
The terms and conditions herein set forth constitute the entire agreement between you and DENON with respect to the subject
matter hereof, and all agreements, commitments, undertakings, understandings or statements of any kind previously made by
DENON or any of its distributors with respect to the subject matter hereof are merged herein and superseded by this License
Agreement. No amendment or modification of the terms of this License Agreement shall be effective or binding on DENON
unless it is made in writing and executed or published by DENON.
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