Licensed Digital Download End User License Agreement
Digital downloads (“Digital Downloads”) made available through the Line 6 Web Store’s Marketplace are licensed, not sold, to you. Your license to each Digital Download is subject to your prior acceptance of either this Licensed Digital Download End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Digital Download Provider (“Custom EULA”), if one is provided. Your license to any Line 6 Digital Download under this Standard EULA or any Custom EULA is granted by Line 6, and your license to any Third Party Digital Download under this Standard EULA or Custom EULA is granted by the Digital Download Provider of that Third Party Digital Download. Any Digital Download that is subject to this Standard EULA is referred to herein as the “Licensed Digital Download.” The Digital Download Provider or Line 6 as applicable (“Licensor”) reserves all rights in and to the Licensed Digital Download not expressly granted to you under this Standard EULA.
2. Ownership. Licensor retains ownership of all intellectual property rights in and to the Licensed Digital Download, including copies, improvements, enhancements, derivative works and modifications thereof. Your rights to Use the Licensed Digital Download are limited to those expressly granted by this Standard EULA. No other rights with respect to the Licensed Digital Download or any related intellectual property rights are granted or implied.
3. Consent to Use of Data. You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and Digital Download software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Digital Download. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
4. Termination. This Standard EULA shall remain in effect until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms. In addition, this Standard EULA shall terminate immediately upon the termination of an agreement between Line 6 and any Digital Download Provider from whom Line 6 obtains services or distribution necessary to support the Licensed Digital Download.
5. No Warranty. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED DIGITAL DOWNLOAD IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED DIGITAL DOWNLOAD AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED DIGITAL DOWNLOAD ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED DIGITAL DOWNLOAD AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED DIGITAL DOWNLOAD OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON DIGITAL DOWNLOADABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED DIGITAL DOWNLOAD, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
7. Indemnity. You agree to indemnify, defend and hold Licensor, including the respective service providers, channel partners, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of Licensor, free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with any use or possession by you of the Licensed Digital Download.
6. Restrictions. You may not use or otherwise export or re-export the Licensed Digital Download except as authorized by United States law and the laws of the jurisdiction in which the Licensed Digital Download was obtained. In particular, but without limitation, the Licensed Digital Download may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Digital Download, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
8. Governing Law. This Agreement and the relationship between you and Line 6 shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Line 6 agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California, to resolve any dispute or claim arising from this Agreement.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
9. Copyright Policy. Line 6 respects the intellectual property rights of others. It is Line 6's policy, at its discretion and when appropriate, to terminate the accounts of users who may infringe or repeatedly infringe the copyrights of third parties.
To submit a copyright infringement notification to Line 6, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the below-specified Copyright Agent with the following information in writing:
1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2) Identification of the copyrighted work claimed to have been infringed.
3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit the service provider to locate the material.
4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic
mail address at which the complaining party may be contacted.
5) A statement that the complaining party has a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its agent, or the law.
6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.
Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows: By Email:
Line 6, Inc.
26580 Agoura Road Calabasas, California 91302
10. Entire Agreement. The Standard EULA constitutes the entire agreement between Licensor and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.
Last Updated: December 2017.
Copyright 2017 Line 6, Inc. All rights reserved.
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