Terms of Use

MotionDSP is a product line within Cubic Corporation’s wholly owned subsidiary, GATR Technologies, Inc.

Last updated March 11, 2019

These General Terms of Use (“General Terms”), along with the Subscription and Cancellation policies, and End User License Agreement terms (collectively “Terms”) govern your use of the MotionDSP website, customer support, and services such as software that we, GATR Technologies Inc. (collectively known as “GATR”) include as part of the Services, as well as any applications, Sample Files and Content Files (defined below), scripts, source code, instruction sets, and related documentation (collectively “Software”).  Please read these Terms carefully before you use this website or purchase services. You may not bypass these Terms and any use of the website and purchases made thereon shall be subject to the terms and conditions contained herein. This Website is offered and available to users who 18 years of age or older. By using this website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the website.

  1. Privacy.
    1. Privacy. For information about how we collect, use, share or otherwise process information about you, please see our privacy policy.
    2. Desktop Application Usage Information. You have the option to share information with us about how you use our desktop applications. Where permitted by law, this option is turned on by default, and the information is associated with your GATR account. This information allows us to provide you with a more personalized experience and helps us to improve product quality and features. You can change your preference any time in the “Tools: Options” menu of the Software.
  2. Use of Services and Software.
    1. License. Subject to your compliance with the Terms and the law, you may access and use the Services and Software.
    2. GATR Intellectual Property. We (and our licensors) remain the sole owner of all right, title, and interest in the Services or Software. Except as stated in the Terms, we do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Services or Software. We reserve all rights not granted under the Terms.
    3. User-generated Content. We may host user-generated content from our users. If you access our Services, you may come across user-generated content that you find offensive or upsetting. Your sole remedy is to stop viewing the content.
    4. Sample Files. “Sample Files” means GATR-provided files such as content images, clip art, stock images, or sounds for use in tutorials, demonstrations, and for other trial purposes, which may be identified as sample files. Sample Files cannot be used for any other purpose than for which they were provided. You cannot distribute Sample Files on a stand-alone basis (i.e., in circumstances in which the Sample Files constitute the primary value of the product being distributed), and you cannot claim any rights in the Sample Files.
    5. Content Files. “Content Files” means GATR assets provided as part of the Services and Software. Unless documentation or specific licenses state otherwise, we grant you a personal, non-exclusive, non-sublicensable, and non-transferable license to use the Content Files to create your end use (i.e., the derivative application or product authored by you) into which the Content Files, or derivations thereof, are embedded for your use (“End Use”). You may modify the Content Files prior to embedding them in the End Use. You may reproduce and distribute Content Files only in connection with your End Use, however, under no circumstances can you distribute the Content Files on a stand-alone basis, outside of the End Use.
    6. Other License Types.
      1. Trial Version. We may designate the Services or Software as “trial,” “evaluation,” “not for resale,” or other similar designation (“Trial Version”). You may install and use the Trial Version only for the period and purposes stated when we provide the Trial Version. You must not use any materials you produce with the Trial Version for any commercial purposes.
      2. Prerelease Version. We may designate the Services or Software, or a feature of the Services or Software, as a prerelease or beta version (“Prerelease Version”). A Prerelease Version does not represent the final product and may contain bugs that may cause system or other failure and data loss. We may choose not to commercially release the Prerelease Version. You must promptly cease using the Prerelease Version and destroy all copies of Prerelease Version if we request you to do so, or if we release a commercial version of the Prerelease Version. Any separate agreement we enter into with you governing the Prerelease Version will supersede these provisions.
  3. Your Content.
    1. Content. “Content” means any material, such as audio files, video files, electronic documents, or images, that you upload and import into the Services or Software in connection with your use of the Services.
    2. Ownership. You retain all rights and ownership of your Content. We do not claim any ownership rights to your Content.
    3. Sharing Your Content.
      1. Sharing. Some Services and Software may provide features that allow you to Share your Content with other users or to make it public. “Share” means to email, post, transmit, upload, or otherwise make available (whether to us or other users) through your use of the Services and Software. Other users may use, copy, modify, or re-share your Content in many ways. Please carefully consider what you choose to Share or make public as you are responsible for the Content that you Share.
      2. Level of Access. We do not monitor or control what others do with your Content. You are responsible for determining the limitations that are placed on your Content and for applying the appropriate level of access to your Content. If you do not choose the access level to apply to your Content, the system may default to its most permissive setting. It is your responsibility to let other users know how your Content may be shared and to adjust the setting related to accessing or sharing your Content.
      3. Comments. The Services and Software may allow you to comment on Content. Comments are not anonymous, and may be viewed by other users. Your comments may be deleted by you, other users, or us.
    4. Termination of License. You may revoke this license to your Content and terminate our rights at any time by removing your Content from the Service.
    5. Feedback. You have no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). If you submit Feedback to us however, then you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to make, use, sell, to have made, offer to sell, import, reproduce, publicly display, distribute, modify, and publicly perform the Feedback.
  4. Account Information.
    1. You are responsible for all activity that occurs via your account. Please notify Customer Support immediately if you become aware of any unauthorized use of your account. You may not (a) Share your account information (except with an authorized account administrator); or (b) use another person’s account. Your account administrator may use your account information to manage your use and access to the Services and Software.
  5. User Conduct.
    1. Responsible Use. The MotionDSP Software and Services communities often consist of users who expect a certain degree of courtesy and professionalism. You must use the Services and Software responsibly.
    2. Misuse. You must not misuse the Services or Software. Misuse of the Services or Software may subject you to immediate revocation of your rights under these General Terms. For example, you must not:
      1. copy, modify, host, stream, sublicense, or resell the Services or Software;
      2. enable or allow others to use the Services or Software using your account information;
      3. access or attempt to access the Services or Software by any means other than the interface we provide or authorize;
      4. circumvent any access or use restrictions put into place to prevent certain uses of the Services or Software;
      5. share Content, or engage in behavior that violates anyone’s intellectual property rights (“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights);
      6. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
      7. attempt to disable, impair, or destroy the Services and Software;
      8. upload, transmit, store, or make available any Content or code that contains any viruses, malicious code, malware, or any components designed to harm or limit the functionality of the Services or Software;
      9. disrupt, interfere with, or inhibit any other user from using the Services or Software (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way);
      10. engage in chain letters, junk mails, pyramid schemes, phishing, spamming, or other unsolicited messages;
      11. place an advertisement of any products or services in the Software or Services;
      12. use any data mining or similar data gathering and extraction methods in connection with the Services; or
      13. violate applicable law (including, but not limited to, where applicable, COPPA).
  6. Fees and Payment.
    1. Taxes and Third-Party Fees. You must pay any applicable taxes and third-party fees (including, for example, telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees, and foreign transaction fees). We are not responsible for these fees. Contact your financial institution with questions about fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses.
    2. Credit Card Information. If you do not notify us of updates to your payment method, to avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information. You authorize us to continue billing your account with the updated information that we obtain.
  7. Your Warranty and Indemnification Obligations.
    1. Warranty. By uploading your Content to the Services or Software, you agree that: (a) you have all necessary licenses and permissions to use and Share your Content; (b) your Content complies with all applicable Terms, and (b) you have the rights necessary to grant the licenses in the Terms.
    2. Indemnification. You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to your Content, your use of the Services or Software, or your violation of the Terms.
  8. Disclaimers of Warranties.
    1. Unless stated in the Additional Terms, the Services and Software are provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Services. We further disclaim any warranty that (a) the Services or Software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results obtained from the use of the Services or Software will be effective, accurate, or reliable; (c) the quality of the Services or Software will meet your expectations; or (d) any errors or defects in the Services or Software will be corrected.
    2. We specifically disclaim all liability for any actions resulting from your use of any Services or Software. You may use and access the Services or Software at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use of and access to any Service or Software.
    3. If you post your Content on servers that publicly Share through the Services, we are not responsible for: (a) any loss, corruption, or damage to your Content; (b) the deletion of Content by anyone other than GATR; or (c) the inclusion of your Content by third parties on other websites or other media
  9. Limitation of Liability.
    1. Unless stated in the Additional Terms, we are not liable to you or anyone else for any loss of use, data, goodwill, or profits, whatsoever, and any special, incidental, indirect, consequential, or punitive damages whatsoever, regardless of cause (even if we have been advised of the possibility of the loss or damages), including losses and damages (a) resulting from loss of use, data, or profits, whether or not foreseeable; (b) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action; or (c) arising from any other claim arising out of or in connection with your use of or access to the Services or Software. Nothing in the Terms limits or excludes our liability for gross negligence, for our, or our employees’, intentional misconduct, or for death or personal injury.
    2. Our total liability in any matter arising out of or related to the Terms is limited to US $100 or the aggregate amount that you paid for access to the Service and Software during the three-month period preceding the event giving rise to the liability, whichever is larger. This limitation will apply regardless of the form or source of claim or loss, whether the claim or loss was foreseeable, and whether a party has been advised of the possibility of the claim or loss.
    3. The limitations and exclusions in this section apply to the maximum extent permitted by law.
  10. Termination.
    1. Termination by You. You may stop using the Services and Software at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees.
    2. Termination by Us. If we terminate the Terms, or your use of the Service(s) for reasons other than for cause, we will make reasonable efforts to notify you at least 30 days prior to termination via the email address. Unless stated in any Additional Terms, we may, at any time, terminate your right to use and access the Services or Software if:
      1. you breach any provision of the Terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms);
      2. you fail to make the timely payment of fees for the Services or Software, if any;
      3. you materially breach any provision of the Terms, and (i) the breach cannot be corrected; or (ii) we notify you of the breach and you fail to correct it within 14 days of the notice;
      4. you physically, verbally, or through other means abuse, threaten, bully, or harass us or our personnel (in such circumstances, we may alternatively suspend or restrict your access to the Services or Software);
      5. you have repeatedly made complaints in bad faith or without a reasonable basis, and continue to do so after we have asked you to stop (in such circumstances, we may alternatively suspend or restrict your access to the Services or Software);
      6. we are required to do so by law (for example, where the provision of the Services or Software to you is, or becomes, unlawful); or
      7. we elect to discontinue the Services or Software, in whole or in part (such as if it becomes impractical for us to continue offering Services in your region due to change of law).
    3. Termination by Group Administrator. Group administrators who manage multiple licenses may terminate a user’s access to a Service at any time. If your group administrator terminates your access, then you may no longer be able to access Content that you or other users of the group have shared on a shared workspace within that Service.
    4. Survival. Upon the expiration or termination of the Terms, some or all of the Services and Software may cease to operate without prior notice. Any perpetual licenses you have will continue in full force and effect, however. Your indemnification obligations, our warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in the Terms will survive.
  11. Investigations.
    1. Disclosure. We may access or disclose information about you or your use of the Services or Software: (a) when it is required by law (such as when we receive a valid subpoena or search warrant); (b) to respond to your requests for customer service support; or (c) when we, in our discretion, think it is necessary to protect the rights, property, or personal safety of us, our users, or the public.
  12. Trade Control Laws.
    1. The Services or Software and your use of the Services and Software, are subject to U.S. and international laws, restrictions, and regulations that may govern the import, export, and use of the Services and Software. You agree to comply with all the laws, restrictions, and regulations.
  13. Australian Consumer Law.
    1. Nothing in the Terms is intended to exclude, restrict, or modify any consumer rights under the Competition and Consumer Act 2010 (Cth) (CCA) or any other legislation which may not be excluded, restricted, or modified by agreement. If the CCA or any other legislation implies a condition, warranty, or term into the Terms or provides statutory guarantees in connection with the Terms, in respect of goods or services supplied (if any), our liability for breach of such a condition, warranty, other term or guarantee is limited (at our election), to the extent it is able to do so: (a) in the case of supply of goods, us doing any one or more of the following: (i) replacing the goods or supplying equivalent goods; (ii) repairing the goods; (iii) paying the cost of replacing the goods or of acquiring equivalent goods; and (iv) paying the cost of having the goods repaired; or (b) in the case of supply of services, our doing either or both of the following: (i) supplying the services again; and (ii) paying the cost of having the services supplied again.
  14. Dispute Resolution.
    1. Process. If you have any concern or dispute, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, any resulting legal actions must be resolved through final and binding arbitration, except that you may assert claims in small claims court if your claims qualify.
    2. Rules. If you reside in the Americas, the American Arbitration Association will administer the arbitration in San Diego County, California pursuant to its Commercial Arbitration Rules then in effect. If you reside in Australia, New Zealand, Japan, mainland China, Hong Kong S.A.R., Macau S.A.R., Taiwan, South Korea, India, Sri Lanka, Bangladesh, Nepal, or a member state of the Association of Southeast Asian Nations (ASEAN), then the International Centre for Dispute Resolution (ICDR) will administer the arbitration in Singapore under its Rules of Arbitration, which rules are deemed to be incorporated by reference in this section. Otherwise, the London Court of International Arbitration (LCIA) will administer the arbitration in London under the LCIA Arbitration Rules. There will be one arbitrator that you and GATR mutually select. The arbitration will be conducted in the English language, but any witness whose native language is not English may give testimony in the witness’ native language, with simultaneous translation into English (at the expense of the party presenting the witness). Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over you and us.
    3. No Class Actions. You may only resolve disputes with us on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
    4. Injunctive Relief. Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Services or Software in violation of the Terms, you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
  15. Audit Rights.
    1. If you are a business, company, or organization, then we may, no more than once every 12 months, upon seven 7 days’ prior notice to you, appoint our personnel or an independent third-party auditor who is obliged to maintain confidentiality to inspect (including manual inspection, electronic methods, or both) your records, systems, and facilities to verify that your installation and use of any and all Services or Software is in conformity with its valid licenses from us. Additionally, you will provide us with all records and information requested by us within 30 days of our request in order for us to verify that the installation and use of any and all Services and Software is in conformity with your valid licenses. If the verification discloses a shortfall in licenses for the Services or Software, you will immediately acquire any necessary licenses, subscriptions, and applicable back maintenance and support. If the underpaid fees exceed 5% of the value of the payable license fees, then you will also pay for our reasonable cost of conducting the verification.
  16. Updates and Availability.
    1. Updates to the General Terms and Additional Terms. We may revise, update or modify these General Terms, any Additional Terms or Subscription and Cancellation terms from time to time in our sole discretion, for example, to reflect changes to the law or changes to our Services or Software. You should look at the Terms regularly. We will post notice of modifications to these General Terms and Additional Terms on this page. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
    2. Updates to the Services and Software. We may modify, update, or discontinue the Services or Software (including any portions or features) at any time, without liability to you or anyone else. However, for changes to paid offerings, we will make reasonable efforts to notify you of the modification, update or discontinuation.
    3. Availability. Webpages describing the Services are accessible worldwide, but this does not mean all Services or service features are available in your country or that user-generated content available via the Services is legal or available in your country. Access to certain Services (or certain Service features, Sample Files or Content Files) in certain countries may be blocked by us or foreign governments. It is your responsibility to make sure your use of the Services is legal or available where you use them. Services are not available in all languages.
  17. No Modifications, Reverse Engineering.
    1. Except as expressly permitted in the Terms, you may not (a) modify, port, adapt or translate any portion of the Services or Software; or (b) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or any portion of any Service or Software. If the laws of your jurisdiction give you the right to decompile the Software to obtain information necessary to render the licensed portions of the Services or Software interoperable with other software, you must first request such information from us.  We may, in our discretion, either provide such information to you or impose reasonable conditions, including a reasonable fee, on your decompilation of the Services or Software to ensure that our and our suppliers’ proprietary rights in the Services and Software are protected.
  18. Miscellaneous.
    1. English Version. The English version of the Terms will be the version used when interpreting or construing the Terms.
    2. Notice to GATR. You may send notices to us at the following address: Cubic Corporation, 9333 Balboa Avenue, San Diego, CA 92123, Attention: General Counsel.
    3. Notice to You. We may notify you by email, postal mail, postings within the Services, or other legally accepted means.
    4. Non-Assignment. You may not assign or otherwise transfer the Terms or your rights and obligations under the Terms, in whole or in part, without our written consent, and any such attempt will be void. We may transfer our rights under the Terms to a third party.
    5. Headings used in these General Terms or Additional Terms are provided for convenience only and will not be used to construe meaning or intent.
    6. Severability. If any provision of these General Terms or any Additional Terms is held invalid or unenforceable for any reason, the General Terms and any Additional Terms will continue in full force and effect.
    7. No Waiver. Our failure to enforce or exercise any provision of the Terms is not a waiver of that provision.
    8. Use of Logo. You agree that we may use your company name and logo in any of our marketing materials to identify you as our customer. We will, as applicable, include a trademark attribution notice giving notice of your ownership in your trademarks in the marketing materials in which your name and/or logo appear.
  19. DMCA.
    1. We respect the Intellectual Property Rights of others and we expect our users to do the same. We will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”). Send notices of infringement via email to: support@motiondsp.com, with the subject: DCMA Notice
  20. End User License Terms
  21. PLEASE READ THESE END USER LICENSE TERMS (“LICENSE”) CAREFULLY BEFORE USING THE MOTIONDSP SOFTWARE. BY USING THE MOTIONDSP SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE MOTIONDSP SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT. IF THE MOTIONDSP SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK “DISAGREE/DECLINE”. DISAGREEING OR DECLINING THESE TERMS OF SERVICE AFTER SUBSCRIPTION PURCHASE DOES NOT ENTITLE THE USER TO A REFUND OR CREDIT OF ANY KIND OTHER THAN AS IT ALIGNS WITH THE CANCELLATION TERMS OF THEIR SUBSCRIPTION.
  22. IMPORTANT NOTE: This software may be used to reproduce materials. It is licensed to you only for reproduction of noncopyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.General. The software and documentation accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the “MotionDSP Software”) are licensed, not sold, to you by GATR Technologies, Inc. (“GATR”) for use only under the terms of this License, and GATR reserves all rights not expressly granted to you. The rights granted herein are limited to GATR’s and its licensors’ intellectual property rights in the MotionDSP Software and do not include any other patents or intellectual property rights. You own the media on which the MotionDSP Software is recorded but GATR and/or GATR’s licensor(s) retain ownership of the MotionDSP Software itself. The rights granted under the terms of this License include any software upgrades that replace and/or supplement the original MotionDSP Software product. Title and intellectual property rights in and to any content displayed by or accessed through the MotionDSP Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content.License and Use Restrictions. This License allows you to install and use one copy of the MotionDSP Software in object code form in accordance with documentation accompanying the software only on a single computer at a time. You may not use the software (or any part thereof) for carrying out or offering video processing as an application service over a computer network or in any other capacity, and may not make the MotionDSP Software available over a network where it could be used by multiple computers at the same time. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, create derivative works of the MotionDSP Software or any part thereof, derive source code from the Software, or determine how MotionDSP develops software license keys. You may make one copy of the MotionDSP Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.THE MOTIONDSP SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE MOTIONDSP SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

    Transfer. You may not (i) publish, distribute, rent, lease, sell, sublicense, assign or otherwise transfer the MotionDSP Software or any part thereof, (ii) create derivative works of, or translate the MotionDSP Software, use the MotionDSP Software for any purpose other than individual, stand- alone use (iii) permit application development use of the MotionDSP Software, or (iv) remove or obscure any MotionDSP or licensors copyright, trademark or other proprietary notices or legends from any portion of the MotionDSP Software or any associated documentation.

    Consent to Use of Data. You agree that GATR and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, verification of your license and license keys, and other services to you (if any) related to the MotionDSP Software. GATR may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you. Users can opt-in and opt-out of this function in “Tools: Options.”

    Termination. This License is effective until terminated based on the terms of your elected license subscription. Your rights under this License will terminate automatically without notice from GATR if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the MotionDSP Software and destroy all copies, full or partial, of the MotionDSP Software.

    Limited Warranty on Media. GATR warrants the media on which the MotionDSP Software is recorded and delivered by GATR (if any) to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at GATR’s option, replacement of the MotionDSP Software which is returned to GATR either on recorded media or electronic download, or a refund of the purchase price of the product upon return to GATR of the media containing the MotionDSP Software with the software protection USB dongle and a copy of the receipt.

    GATR EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES BESIDES THIS LIMITED WARRANTY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

    Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE MOTIONDSP SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MOTIONDSP SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GATR AND GATR’S LICENSORS (COLLECTIVELY REFERRED TO AS “GATR” FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MOTIONDSP SOFTWARE, 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 NON- INFRINGEMENT OF THIRD PARTY RIGHTS. GATR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE MOTIONDSP SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE MOTIONDSP SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MOTIONDSP SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE MOTIONDSP SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT DEFECTS IN THE MOTIONDSP SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GATR OR AN AUTHORIZED GATR REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE MOTIONDSP SOFTWARE 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 APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

    By using the MotionDSP Software, you acknowledge that GATR makes no representations or warranties with regard to the appropriateness of the content viewed through, or processed by, the MotionDSP Software. GATR does not guarantee the sequence, accuracy, completeness or timeliness of the content played through the MotionDSP Software. GATR, its officers, affiliates and subsidiaries shall not, directly or indirectly, be liable, in any way, to you or any other person for the content you receive, process or upload using the MotionDSP Software or for any inaccuracies, errors in or omissions from the content.

    Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL GATR 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 OR INABILITY TO USE THE MOTIONDSP SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF GATR 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 GATR’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.

    Export Control. You may not use or otherwise export or reexport the MotionDSP Software except as authorized by United States law and the laws of the jurisdiction in which the MotionDSP Software was obtained. In particular, but without limitation, the MotionDSP Software 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 list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the MotionDSP Software, 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, missiles, or chemical or biological weapons.

    Government End Users. The MotionDSP Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202–1 through 227.7202– 4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

    Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

    Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the MotionDSP Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by GATR. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.