This app and its content is hereinafter referred to as the “App”. The App is operated by Zound Industries International AB, (hereinafter “Zound Industries”). This End User License Agreement (hereinafter the ”Agreement”), including any updates or modifications, constitute the entire agreement between you and Zound Industries with respect to the App.
AGREEMENT
Please read this Agreement before using the App. By using this App, you accept these terms and agree to be bound by this Agreement.
This Agreement may be modified from time to time, and your continued use of the App following such modification will be deemed to constitute your acceptance of any and all such modifications. All modifications are hereby incorporated into this Agreement by this reference. If you do not accept, you may not use the App.
By accepting the Agreement you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may only use this App, thus accepting the Agreement, if so is approved by a parent or legal guardian who agrees to be bound by the Agreement. If you do not fulfil these requirements you may not use this App.
By accepting the Agreement you furthermore represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Any software in the App having a separate end user license agreement shall be covered by such applicable separate end user license agreement in addition to the terms of this Agreement.
This Agreement is between Zound Industries and you, and Zound Industries is solely responsible for the App and the content thereof. This Agreement does not constitute any legal obligations or liabilities for any third-parties in relation to you. You hereby acknowledge, subject to the terms of this Agreement, that Zound Industries, and not any third-parties, is solely responsible for addressing any claims related to the App or your possession and/or use thereof, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or any end-user’s possession and use of the App infringes that third party’s intellectual property rights, Zound Industries, and not any third-parties, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
PERSONAL DATA
If you choose to register with Zound Industries for receipt of information about updates of your Device you need to provide Zound Industries with certain Personal Data (i.e. your e-mail address). By providing such Personal Data you accept that Zound Industries may process the same in accordance with what is set out in Zound Industries’ applicable Privacy Policy for Product Updates, as valid from time to time.
COPYRIGHT; GRANT OF LICENSE
The App, and all of its content, including, but not limited to its software, source code, scripts, text, artwork, photographs, images, animations and design are protected by national and international copyright laws and treaties. All right and title in and to the App are either owned by Zound Industries or licensed to Zound Industries by third-party rights holders or any third-party service suppliers, including their subsidiaries (hereinafter “Third-Party” or “Third-Parties”). Zound Industries grants you a limited, non-exclusive, license in accordance with this Agreement to use the App solely in connection with your compatible product (hereinafter the "Device") and only for your individual, non-commercial use.
No right, title, or interest in the App, or any part thereof, is conveyed or transferred to you. This is a limited, non-exclusive, license subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the App or any part thereof; (b) you may not access or use the App for any competitive or commercial purpose and may not modify or otherwise make any derivative uses of the App or its content; (c) you may not “frame”, “mirror,” or otherwise incorporate any part of the App into any other service, including but not limited to any web site or app; (d) you may not bypass, modify, defeat or circumvent any of the functions or protections of the App, or any part thereof, or any mechanisms linked thereto; and (d) you may not use the App, or any of its content, other than for its intended purpose and as expressly permitted by this Agreement.
In the event of a violation of this Agreement you must uninstall and cease all use of the App. Zound Industries, as well as any Third-Party, reserves the right to seek all remedies available by law and in equity, including but not limited to stop the functionality of the App. If any part of this Agreement is held invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of this Agreement, and the other parts will remain in full force and effect.
USE OF APP WITH COPYRIGHTED MATERIALS
The App is capable of being used by you to access content created by you and/or third parties via the Device and Third-Party services. Such content may be protected by copyright, other intellectual property laws, and/or agreements. You agree to use the App only in compliance with such laws and agreements that apply to such content. You acknowledge and agree that Zound Industries and any Third-Party may take appropriate measures to protect the copyright of content used accessed via the App.
THIRD-PARTY SERVICES AND INTERNET CONNECTIVITY
You acknowledge and agree that the availability of Third-Party services, and this App’s compatibility with the same, are subject to the respective Third-Party’s consent and that such availability of Third-Party’s services may need separate agreements between you and such Third-Party. Zound Industries does not take responsibility for the availability of such services or for any fees to be paid thereunder.
Please contact applicable Third-Party for privacy policies relating to personal data you provide when you use or access such Third-Party’s software or services. Zound Industries is not responsible for such Third-Party’s use of any personal data.
You acknowledge and agree that access to the App and Third-Party services requires an Internet connection for which you are solely responsible.
Use of the App and access to Third-Party services may be limited or restricted, due to territorial limitations, and/or depending on the capabilities, bandwidth or technical limitations of your Internet connection and service. Zound Industries is without any liabilities for the provision, quality and security of such Internet connectivity.
THIRD PARTY PLATFORM PROVIDERS AND APPLICATION STORES
Certain third-party platform providers with whose devices and/or operating systems the App has/have been designed to be compatible oblige Zound Industries to include certain additional provisions in these terms. These are set out at the end of these terms under ADDITIONAL TERMS FROM THIRD PARTY PLATFORM PROVIDERS. These provisions come from the relevant third-party platform providers, not Zound Industries.
Third-party application stores are operated by the relevant third-party platform providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any such third-party application store from which you download the App. Zound Industries is not responsible for these stores or (with the exception of the App) for anything provided by them and do not guarantee that they will be continuously available.
OPEN SOURCE CODE
The App may contain code, commonly referred to as open source software, which is distributed under any of the many known variations of open source licence terms, including terms which allow the free distribution and modification of the relevant software’s source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively, “Open Source Software”). Please note that, to the extent that the App contains any Open Source Software, that element only is licensed to you under the relevant licence terms of the applicable third-party licensor (Open Source Licence Terms) and not under these terms, and you accept and agree to be bound by such Open Source Licence Terms. The declaration of used Open Source Software and the Open Source Licence Terms that apply to the Open Source Software may be accessed via the App. A copy of the source code for any Open Source Software contained in any App and the relevant Open Source Licence Terms will be made available to you upon request.
UPDATES
You acknowledge and agree that Zound Industries and the Third-Parties upon update of the App or the Device may delete or change the features or other aspects of the App or the Device, including, but not limited to, functions you may rely upon or any data or presets that you have stored, either in the App or on the Device. You acknowledge and agree that Zound Industries and Third-Parties may condition the continued use of the App or any services upon your installation or acceptance of such update. Any and all updates are deemed to be, and shall constitute part of, the App for purposes of this Agreement.
You hereby acknowledge that no Third-Parties has any obligation whatsoever to furnish any maintenance and support services with respect to the App.
EXPORT AND OTHER REGULATIONS
You agree to comply with all applicable export and re-export restrictions and regulations of the area or country in which you reside as well as Zound Industries’ and Third-Parties’ restrictions, and not to, or authorize to, ship, divert, transship, transfer, export or re-export, or authorize the transfer, of the App, or its content, or the Device to a prohibited country or otherwise in violation of any such restrictions or regulations.
As an example of the above, the App or the Device may not be used, shipped, exported or re-exported into any country or used in any manner prohibited by any export control laws, restrictions, or regulations administered by the U.S. Commerce Department’s Bureau of Export Administration, the U.S. Department of Treasury’s Office of Foreign Assets Control or any other applicable government agency.
EQUITABLE REMEDIES
You acknowledge and agree that any violation of or non-compliance with this Agreement by you may cause irreparable harm to Zound Industries or Third-Parties for which monetary damages would be inadequate, and you consent to Zound Industries and Third-Parties obtaining any injunctive or equitable relief that such party deems necessary or appropriate in such circumstances. Zound Industries and Third-Parties may also take any legal and technical remedies to prevent violation of and/or to enforce this Agreement, including, but not limited to, immediate termination of your use of the App, if such party believes in its sole discretion that you are violating or intend to violate this Agreement. These remedies constitute an addition to any other remedies Zound Industries and Third-Parties may have at law, in equity or under contract.
THIRD-PARTY BENEFICIARIES
Each Third-Party is an express intended Third-Party beneficiary of, and shall have the right to enforce, each provision of this Agreement with respect to the rights held by such party.
NO WARRANTY ON APP OR THIRD-PARTY SOFTWARE OR SERVICES
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE APP AND ANY THIRD-PARTY SOFTWARE AND SERVICES ARE AT YOUR SOLE RISK AND THAT YOU ARE RESPONSIBLE FOR SUCH USE. THE APP AND ANY THIRD-PARTY SOFTWARE AND SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY, DUTY OR CONDITION OF ANY KIND.
ZOUND INDUSTRIES AND EACH OF THE THIRD-PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, DUTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE FOR THE APP OR THE THIRD-PARTY SOFTWARE AND SERVICES ACCESSIBLE VIA THE APP. ZOUND INDUSTRIES AND THE THIRD-PARTIES DO NOT WARRANT OR MAKE ANY CONDITIONS OR REPRESENTATIONS THAT THE APP, THIRD-PARTY SOFTWARE OR SERVICES, OR ITS FUNCTIONS, WILL MEET YOUR REQUIREMENTS, WILL BE UPDATED, WILL BE CORRECT OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, THAT IT WILL NOT DAMAGE ANY OTHER SOFTWARE, HARDWARE OR DATA. ZOUND INDUSTRIES AND THE THIRD-PARTY FURTHERMORE DO NOT WARRANT OR MAKE ANY CONDITIONS OR REPRESENTATIONS THAT THE SERVICES AVAILABLE VIA THIS APP WILL NOT BE WITHDRAWN, AND THAT SUPPLY OF SUCH SERVICES WILL NOT BE TERMINATED, RESULTING IN THIS APP NOT BEING COMPATIBLE WITH SUCH THIRD-PARTY SERVICES, OR THAT IT WILL OPERATE WITHOUT INTERRUPTION OR MODIFICATION.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ZOUND INDUSTRIES, ANY THIRD-PARTY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY, DUTY OR CONDITION OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
ZOUND INDUSTRIES AND THE THIRD-PARTIES SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER LEGAL THEORY RELATED TO THE APP, THE SOFTWARE OR SERVICES ACCESSIBLE VIA THE APP, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE APP, THE SOFTWARE OR THE SERVICES ACCESSIBLE VIA THE APP OR ANY ASSOCIATED HARDWARE, DOWN TIME AND USER’S TIME, EVEN IF ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the laws of Sweden, without regards to conflict of laws provisions. As between you and Zound Industries, any dispute arising out of this Agreement shall be subject to the exclusive venue of the district court in Stockholm, Sweden, and the parties hereby consent to the venue and jurisdiction of such courts.
CONTACT INFORMATION
Zound Industries International AB, Centralplan 15, 111 20 Stockholm, Sweden
If you have any questions or concerns about this App or this Agreement and would like to get in contact with Zound Industries, please click here and follow the instructions: https://www.marshallheadphones.com/marshall-bluetooth-app-support
This Agreement was last updated: July 19, 2018.
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ADDITIONAL TERMS FROM THIRD PARTY PLATFORM PROVIDERS
APPLE:
If the App that you download, access and/or use runs on Apple’s iOS operating system:
• the App may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system, and only in accordance with Apple’s usage rules published in its App Store terms of service;
• you acknowledge and agree that:
o Apple has no obligation at all to provide any support or maintenance services in relation to the App. If you have any maintenance or support questions in relation to the App, please contact Zound Industries, not Apple, using the Contact details above;
o except as otherwise expressly set out in these terms, any claims relating to the possession or use of the App are between you and Zound Industries (and not between you, or anyone else, and Apple);
o in the event of any claim by a third party that your possession or use (in accordance with these terms) of the App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and
o although these terms are entered into between you and Zound Industries (and not Apple), Apple, as a third party beneficiary under these terms, will have the right to enforce these terms against you;
• you represent and warrant that:
o you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country; and
o you are not listed on any United States Government list of prohibited or restricted parties; and
• if the App does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the App (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the App or as a result of you or anyone else using the App or relying on any of its content.