1.1 Denon is a division of D&M Europe B.V. ("Denon"), which forms part of D&M Holdings Inc., the developer and manufacturer of Denon® devices. Denon distributes Denon® devices and also provides services related to those products.
1.2 Denon is the owner of this download and support website (this "Website") and provides a downloading service for software updates through this Website (the "Service"). This Service permits you to obtain a licence for software (updates) (the "Software") for certain Denon® devices (your "Device").
1.3 These terms and conditions ("Terms and Conditions") apply to agreements between you and Denon related to your use of this Website, the Service and the Software. If you do not accept these Terms and Conditions, you are not allowed to use this Website, the Service and the Software. All offers and other statements on this Website shall be without obligation, unless Denon expressly indicates otherwise.
2 Prices and Payment
2.1 For downloading Software, Denon charges the price mentioned on this Website by the relevant Software product. The total price will include the price of the Software plus any applicable taxes such as VAT and other costs.
2.2 The manner of payment is described on this Website.
3.1 If you use the Service, the Software will be released especially for your Device. Following this release, the Software is delivered by direct transmission to and instalment on your Device. After instalment, the Software will permanently remain on your Device and cannot be removed. Considering the foregoing, the Software is specifically designated for your Device. Furthermore by its nature the Software cannot be returned. Therefore you do not have the right to withdraw from a transaction once the Software is delivered, unless you have received an unacceptably poor download. You agree that you have to inform Denon of such a poor download in writing and within 7 days after receipt. If the poor download is caused by Denon and cannot be resolved, a new download or a refund may be provided.
4.1 You are responsible for providing Denon with complete and correct information to facilitate delivery and instalment of the Software on your Device.
4.2 This Website may describe products and Services that are not available worldwide. Denon does not warrant in any way that its products and Services are appropriate or available to be used in all countries worldwide.
5 Intellectual property rights
5.1 All elements in this Website and the Software contain proprietary information and material that is owned by Denon and/or its licensors. This proprietary information and material is protected by applicable intellectual property and other laws. You agree that you will not use such proprietary information or materials in any way whatsoever except for the use of this Website and the Software in compliance with these Terms and Conditions.
5.2 You agree that the Software is provided to you by way of a one payoff and non exclusive, license only. This licence allows you to download Software onto your Device and use it for personal purposes. Each download shall be installed on one single Device. You shall not remove or alter any notice relative to copyrights, brands, or other proprietary statements.
6 Warranty and liability
6.1 This Website, the Service and the Software are prepared with the highest care and skill. Denon however cannot warrant that the information on this Website is complete, correct or up-to-date. Nor can Denon warrant the smooth implementation of Software in your Device(s), by using the Service. Using this Website, the Service and the Software will therefore be at your own risk.
6.2 Under no circumstance can Denon be held liable for damage resulting from or related to any use of the information or the Software available on this Website, regardless of the nature of the damage and whether it is direct or indirect, except in case of gross negligence and/or intent.
7.1 Without prior notice, Denon may modify, suspend or terminate this Website and/or the Service. To the extent possible, Denon will warn you in advance of a modification, suspension or termination of this Website or the Service. Termination of this Website or the Service will not affect the Software that you have already acquired.
7.2 Notwithstanding the other provisions of these Terms and Conditions Denon may without prior notice preclude your (partial) access to this Website and/or the Service, terminate your Software license and/or terminate any contract governed by these Terms and Conditions, if you violate these Terms and Conditions or Denon's or other's rights, or we have strong grounds to believe that you did so.
7.3 Any provision from these Terms and Conditions that by nature has post-contractual effect shall continue to be in effect after expiration or termination of any contract governed by these Terms and Conditions. This type of provisions includes: provisions regarding property rights, liability, settlement of disputes and applicable law.
8 Protection of Privacy
8.1 The personal information collected by Denon through this website is subject to Denon's Privacy Statement. For details, please see the page on Privacy Statement.
9.1 Dutch law will apply to these Terms and Conditions.
9.2 Any disputes in connection with this Website, the Service or the Software shall be submitted to the court which has jurisdiction according to Dutch law.
9.3 Denon reserves the right to update these Terms and Conditions from time to time. Updated Terms and Conditions will take effect commencing on the date that they have been published on this Website.
10 Contact Us
10.1 For further information or complaints please contact us at the e-mail address or the business address mentioned below.
5653 MA Eindhoven
Tel. +31 (0)40 2507800
E-mail address: upgrade(at)denon.eu
Chamber of Commerce number: 17073774
VAT number: 8005.94.757B01
Last update: December 1, 2010