Unique Power Factor Correction (PFC) Utilizing Lab Gruppen's Mains Current Draw Modeling Algorithm (CDM™)
Unique Power Factor Correction (PFC) utilizing Lab Gruppen’s Mains Current Draw Modeling Algorithm (CDM™). Power factor >0.98 (for any significant power).
This End User License Agreement (the "Agreement") is a binding Agreement between you ("End User," "you" or "your") and Music Tribe Innovation DK/AS ("Company," "we," "us" or "our"). This Agreement governs the relationship between you and us, and your use of the Company's Software. Throughout this Agreement, End User and Company may each be referred to as a "Party" or collectively, the "Parties."
If you are using the Software on behalf of your employer or another entity (an "Organization") for whose benefit you utilize the software or who owns or otherwise controls the means through which you utilize or access, then the terms "End User," "you," and "your" shall apply collectively to you as an individual and to the Organization. If you use or purchase a license or to or on behalf of an Organization, you hereby acknowledge, warrant, and covenant that you have the authority to 1) purchase a license on behalf of the Organization; 2) bind the Organization to the terms of this Agreement.
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The Software is licensed, not sold, to you by Music Tribe for use strictly in accordance with the terms of this Agreement.
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You agree that this Agreement conveys a limited license to use Music Tribe's Intellectual Property Rights, solely as part of the Software (and not independently of it), and only for the effective Term of the license granted to you hereunder. Accordingly, your use of any of Music Tribe's Intellectual Property Rights independently of the Software or outside the scope of this Agreement shall be considered an infringement of Music Tribe's Intellectual Property Rights. This shall not limit; however, any claim Music Tribe may have of a breach of contract in the event you breach a term or condition of this Agreement. You shall use the highest standard of care to safeguard all Software (including all copies thereof) form infringement, misappropriation, theft, misuse, or unauthorized access. Except as expressly granted in this Agreement, Music Tribe reserves and shall retain all rights, title, and interest in the Software, including all copyrights and copyrightable subject matter, trademarks and trademark able subject matter, patents and patentable subject matter, trade secrets, and other intellectual property rights, registered, unregistered, granted, applied-for, or both now in existence and that may be created, relating thereto.
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This Agreement will terminate immediately, without prior notice from Music Tribe, if you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Software and all copies thereof from your computer.
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Termination of this Agreement will not limit any of Music Tribe's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
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The Software is provided to you "As is" and "As available" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Music Tribe, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Software, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Music Tribe provides no warranty or undertaking, and makes no representation of any kind that the Software will meet your requirements, achieve any intended results, be compatible or work with any other software, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Music Tribe nor any of Music Tribe's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Software, or the information, content, and materials or products included thereon; (ii) that the Software will be uninterrupted or error-free; (iii) as to the accuracy ,reliability, or currency of any information or content provided through the Software; or (iv) that the Software, its servers, the content, or emails sent from or on behalf of Music Tribe are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Notwithstanding any damages that you might incur, the entire liability of Music Tribe and any of its suppliers under any provision of this Agreement and your exclusive remedy for all the foregoing shall be limited to the amount actually paid by you for the Software.
To the maximum extent permitted by applicable law, in no event shall Music Tribe or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Software, third-party software and/or third-party hardware used with the Software, or otherwise in connection with any provision of this Agreement), even if Music Tribe or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
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If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under the applicable law and the remaining provisions will continue in full force and effect.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Music Tribe reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes material change will be determined at our sole discretion.
By continuing to access or use our Software after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Software.
The Laws of the jurisdiction where you are a resident, excluding its conflicts of law rules shall govern any dispute arising out of or in connection with this Eula. The Applicability of the Uniform Commercial Code (UCC) and any other laws that direct the application of the laws of any other jurisdictions are expressly excluded.
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Therefore, we encourage you to review this Agreement regularly.
If, within thirty (30) days of posting changes or amendments to this Agreement, you decide that you do not agree to the updated terms, you may withdraw your acceptance to the amended terms by providing us with a written notice of your withdrawal.
No provision of this Agreement, or any part of relationship between you and Music Tribe is intended to create, nor shall they be deemed or construed, to create any relationship between you and Music Tribe other than that of an end user of the software and services provided.
You acknowledge and agree that your breach of this Agreement would cause Music Tribe irreparable harm for which money damages alone would be inadequate. In addition to damages, and any other remedies to which Music Tribe may be entitled, you acknowledge and agree that we may seek injunctive relief to prevent the actual, threatened, or continued breach of this Agreement.
Any cause of action or claim you may have arising out of or relating to this Agreement must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
The Agreement constitutes the entire Agreement between you and Music Tribe regarding your use of the Software and supersedes all prior and contemporaneous written or oral arguments between you and Music Tribe.
You may be subject to additional terms and conditions that apply when you use or purchase other Music Tribe's services, which Music Tribe will provide to you at the time of such use or purchase.
Do not hesitate to contact us at [email protected] if you have any questions about this Agreement.
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Subject to the terms of this Agreement, you may use the Image only for editorial use or as an authorized distributor or reseller. This right to use is personal to you and is not transferable by you to another party. The Image cannot be used to promote or sell any product or technology (such as on advertising, brochures, book-covers, stock photos, t-shirts, or other promotional merchandise) other than authentic Music Tribe IP Ltd. Products. You may not use the Image in any way that might prejudice the reputation of Music Tribe, or the distinctiveness, validity or goodwill of any of its brands. You may not use the Image in any way that misrepresents your relationship with Music Tribe. You may not alter, or modify the Image, in whole or in part, for any reason.
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The Image is provided by Music Tribe IP Ltd on an 'as is' basis, without warranty of any kind, including non-infringement or ownership. You, are responsible for your use of the Image and hold Music Tribe IP Ltd free and harmless from any liability connected to your use of the Image. Any misuse of the Image or breach of this Agreement will cause Music Tribe IP Ltd. Midas irreparable harm for which immediate or pre-emptive injunctive relief may be proper.