Waves License Agreement Electronic End User License Agreement =================================== This is a Legal agreement between you (either an individual or an entity), the end user, and KS Waves Ltd. If you do not agree to the terms of this Agreement, promptly return the disk package and accompanying items (including written materials and binders or other containers) to the place you obtained them for a full refund. •WAVES SOFTWARE LICENSE I . GRANT OF LICENSE. This Waves License Agreement ("License") permits you to use one copy of the specified version of the Waves software product identified above ('SOFTWARE") on any single computer, provided the SOFTWARE is in use on only one computer at any time. If you have multiple Licenses for the SOFTWARE, then at any time you may have as many copies of the SOFTWARE in use as you have Licenses. The SOFTWARE is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not "in use". If the anticipated number of users of the SOFTWARE will exceed the number of applicable Licenses, then you must have a reasonable mechanism or process in place to assure that the number of persons using the SOFTWARE concurrently does not exceed the number of Licenses. 2. COPYRIGHT. The SOFTWARE is owned by Waves. Waves has full copy rights in the software. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording) except that you may transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the SOFTWARE. 3. OTHER RESTRICTIONS. This Waves License Agreement is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent or lease the SOFTWARE (except in cases when the software is part of a bigger system of components), but you may transfer your rights under this Waves License Agreement on a permanent basis provided you transfer this License Agreement, the SOFTWARE, andall accompanying written materials and retain no copies, and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile, or disassemble the SOFTWARE. Any transfer of the SOFTWARE must include the most recent update and all prior versions. •LIMITED WARRANTY LIMITED WARRANTY Waves warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt; and (b) any hardware accompanying the SOFTWARE will be free from defects in materials and workmanship under normal use and service for a period of one ( I ) year from the date of receipt. Any implied warranties on the SOFTWARE and hardware are limited to ninety (90) days and one ( I ) year, respectively. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.CUSTOMER REMEDIES. Waves's entire liability and your exclusive remedy shall be, at Waves's option, either (a) return of the price paid or (b) repair or replacement of the SOFTWARE or hardware that does not meet Waves's Limited Warranty and that is returned to Waves with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any product support services offered by Waves are available for this U.S.A. version product outside of the United States of America. NO OTHER WARRANTIES. Waves disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the SOFTWARE, the accompanying written materials, and any accompanying hardware. This limited warranty gives you specific legal rights. You may have others, which vary from state to state. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Waves or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use this Waves product, even if Waves has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.