BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SOFTWARE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE, YOU MAY NOT DOWNLOAD OR USE THE SOFTWARE.
1. LIMITED LICENSE. The Software is licensed to you, not sold. Subject to your complete and ongoing compliance with all the terms and conditions set forth in this EULA, Dolby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software as downloaded by you directly from Dolby or from a legitimate software marketplace authorized by Dolby to distribute the Software (including Apple’s App Store, the Google Play store, and the Microsoft Store) solely in object code format, for your personal use for lawful purposes, and only on computing devices and mobile devices that you own or control (“Devices”).
2. RESTRICTIONS ON USE. You may not distribute, make derivative works of, or further reproduce the Software. You may not (i) interfere with or circumvent any feature of the Software, including without limitation any security or access control mechanism or (ii) decompile, reverse engineer, or otherwise access or attempt to access the source code for the Software, or make or attempt to make any modification to the Software, except to the extent that such a restriction is impermissible under applicable law or as set forth in Section 5.
3. RESERVATION OF RIGHTS. The Software is owned by Dolby. The content, visual interfaces, look and feel, interactive features, information, graphics, design, compilation, computer code, and all other elements of the Software (the “Dolby Materials”) are protected by copyright, trade dress, patent, and trademark laws of the United States and other jurisdictions, international conventions, and all other applicable laws regarding intellectual property and proprietary rights. As between you and Dolby, all Dolby Materials, including intellectual property rights therein and thereto, are the sole and exclusive property of Dolby or its third party licensors. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or make any use of the Dolby Materials except as expressly authorized hereunder. Dolby reserves all rights not expressly granted in this EULA. You will not acquire any right, title or interest to the Software and/or Dolby Materials, whether by implication, estoppel, or otherwise, except for the limited rights expressly set forth in this EULA.
4. USE OF THE SOFTWARE. You are solely responsible for your use of the Software on your Device, including without limitation compliance with any applicable third party terms and payment of any applicable fees (such as data or connection fees) to third parties such as a mobile phone carrier.
5. THIRD PARTY SOFTWARE. The Software may include third party software available to you under separate license terms (the “Third Party Terms”). Dolby provides to you a list, accessible from within the Software, of such third party software and the applicable Third Party Terms. Your use of the Software in a manner consistent with this EULA is permitted, however you may have additional rights under the applicable Third Party Terms. Nothing in this EULA reduces, or is intended to reduce, your rights to obtain and use such third party software under the Third Party Terms.
6. TERM AND TERMINATION. This EULA will remain in effect until terminated. The EULA, and your rights and licenses hereunder, will terminate immediately upon your breach of the EULA. You may terminate the EULA at any time by ceasing all use of the Software and uninstalling the Software from all Devices. Dolby may terminate this EULA at any time for any reason, including any misuse by you of the Software. Sections 2, 3, 5, 8, 9, 10, 11, 12, 13, 14, and 16 of this EULA will survive any termination of this EULA.
7. MODIFICATIONS. Dolby continuously develops its products and services. Dolby reserves the right, in its sole discretion and at any time, to change, modify, add, or remove the Software or portions of the Software, or to modify this EULA. The EULA will be identified as of the most recent date of revision and will be effective immediately upon being made available, except that, if a modification to the EULA materially alters your rights hereunder, such materially modified EULA will be effective upon the earlier of your use of the Software with actual knowledge of the changes or your download of an update of the Software after the date of such modification to the EULA. In any event, no modification of this EULA will apply to any dispute between you and Dolby that arose prior to the date of such modification. If you are dissatisfied with the terms of the EULA or any modifications thereof, your sole and exclusive remedy is to terminate the EULA as set forth in Section 6.
8. WARRANTY DISCLAIMER. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOLBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT.
9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL DOLBY BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF DOLBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DOLBY’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS EULA EXCEED THE GREATER OF AMOUNTS PAID BY YOU FOR THE SOFTWARE (IF ANY) OR US $50. THE LIMITATIONS SET FORTH IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH AN EVENT THE ABOVE LIMITATIONS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
10. INDEMNITY. You agree to indemnify, defend and hold Dolby and its affiliates, officers, directors, suppliers, and licensors harmless from and against any and all liability and costs, including reasonable attorneys’ fees, in connection with or arising out of your violation of any applicable law or regulation, your use or misuse of the Software, and your breach of this EULA.
12. COMMUNICATIONS. You may elect to receive communications from Dolby, including e-mail messages and push notifications, to the email address you provide to Dolby about other products and services Dolby provides for marketing purposes. You may opt-out of receiving such communications by following the unsubscribe options provided in such messages.
13. GOVERNING LAW; VENUE. This EULA will be governed by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California by California residents, and without regard to conflicts of law principles or the United Nations Convention on Contracts for the International Sale of Goods. For resolution of any and all disputes arising under this EULA or in connection with the Software, you and Dolby submit to exclusive personal jurisdiction in the state and federal courts located in San Francisco, California, and waive all claims and motions regarding inconvenient forum or venue in such courts.
14. EXPORT CONTROLS. You may not download or use the Software if (a) you are 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 or (b) you are listed on any U.S. Government list of prohibited or restricted parties.
15. NOTICE TO APP STORE USERS. The provisions of this Section 15 only apply to you if you obtained the Software from Apple’s App Store. You acknowledge that this EULA is between you and Dolby only, not with Apple, and Apple is not responsible for the Software or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software. In the event of any failure of the Software to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the Software to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software. Apple is not responsible for addressing any claims by you or any third party relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Software and/or your possession and use of the Software infringe that third party’s intellectual property rights. The license granted to you in Section 1 of this EULA is limited to use only on Apple-branded products and as permitted by the usage rules set forth in the App Store Terms of Service. You agree to comply with any applicable third party terms when using the Software. Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA.
16. GENERAL PROVISIONS. This EULA is the entire agreement between you and Dolby regarding the Software, and supersedes any and all prior agreements, negotiations, or other communications between you and Dolby, whether oral or written, with respect to the Software. Except as set forth in Section 7, this EULA can only be modified in a writing signed by both parties. In the event that any provision of this EULA is held to be invalid or unenforceable, then: (a) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from this EULA; and (b) the validity and enforceability of all of the other provisions of this EULA will continue in full force and effect. You may not assign this EULA without the prior written consent of Dolby, whether expressly or by operation of law, and any such attempted assignment is void. Dolby may assign this EULA without restriction and without any notice to you. The failure to exercise, or delay in exercising, a right, power or remedy provided in this EULA or by law shall not constitute a waiver of that right, power or remedy. Dolby’s waiver of any obligation or breach of this EULA shall not operate as a waiver of any other obligation or subsequent breach of the EULA. If you are an agent of the US Government, the Software is licensed to you as a commercial item (as defined under 48 CFR §2.101) under the provisions of this EULA only.
17. CONTACTING DOLBY. The Software is offered by Dolby, which can be contacted by email at ProductSupport@Dolby.com or by phone at (866) 994-1446.