End User License Agreement and Privacy Policy

You have acquired an item or downloaded an application or file ("Application") that includes software which is either owned by D&M Holdings, Inc. ("D&M") or licensed by it from its software vendors or their affiliates ("Vendors") (collectively, "D&M's suppliers"). Those installed software products or applications owned by D&M or by its software suppliers, as well as associated media, printed materials, and "online" or electronic documentation ("Software") are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold and is owned by D&M and the respective D&M supplier.

IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT ("EULA"), DO NOT USE OR DOWNLOAD THE APPLICATION OR THE SOFTWARE. INSTEAD, PROMPTLY CONTACT D&M FOR INSTRUCTIONS ON RETURN OF THE UNUSED APPLICATION(S) FOR A REFUND. BY CLICKING ON THE ACCEPT BUTTON OR BY USING THE SOFTWARE OR DOWNLOADING THE APPLICATION YOU AGREE TO THIS EULA (OR RATIFY ANY PREVIOUS CONSENT TO THIS EULA).

The license granted herein is a personal, non-exclusive and non-transferable right subject to the restrictions herein. If you do not comply with the terms of this EULA, it will terminate immediately, your right to use the Software will end and you must stop use of the Software, return the Software to D&M or destroy it. This EULA grants you the following rights to the Software and all other rights are reserved by D&M and its software suppliers. You may use the Software only in connection with the product that it relates to. This license is conditioned upon truthful and accurate answers to any questions that are asked of You as part of the installation or download process. This includes information concerning your location, which information may be necessary to provide accurate and appropriate music services for the territory in which you reside. Knowingly providing false information will result in a loss of warranty under this EULA as well as voiding the warranty for any products associated with the Software.

THE SOFTWARE IS NOT FAULT TOLERANT. D&M HAS INDEPENDENTLY DETERMINED HOW TO USE THE SOFTWARE IN THE APPLICATION, AND D&M'S SUPPLIERS HAVE RELIED UPON D&M TO CONDUCT SUFFICIENT TESTING TO DETERMINE THAT THE SOFTWARE IS SUITABLE FOR SUCH USE.

THE SOFTWARE IS PROVIDED "AS IS" AND WITH ALL FAULTS. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT (INCLUDING LACK OF NEGLIGENCE) IS WITH YOU. ALSO, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGEMENT. IF YOU HAVE RECEIVED ANY WARRANTIES REGARDING THE APPLICATION OR THE SOFTWARE, THOSE WARRANTIES DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON, D&M OR D&M'S SUPPLIERS.

EXCEPT AS PROHIBITED BY LAW, D&M AND ITS SOFTWARE SUPPLIERS SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT AS MAY BE PROHIBITED BY LAW, IN NO EVENT WILL D&M'S SUPPLIERS OR D&M BE LIABLE TO YOU FOR ANY AMOUNTS ABOVE YOUR PURCHASE PRICE FOR THE APPLICATION IF ANY. EACH D&M SUPPLIER IS AN INTENDED CONTRACTUAL BENEFICIARY OF THIS EULA.

You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

You may permanently transfer rights under this EULA only as part of a permanent sale or transfer of the Application, and only if the recipient agrees to this EULA. You may not modify, sublicense or create derivative works based on the Software and you may only use the Software in connection with the Application. If the Software is an upgrade, update or patch, any transfer must also include all prior versions of the Software.

You acknowledge that the Software, or any part thereof, or any process or service that is the direct product of the Software (the foregoing collectively referred to as the "Restricted Components") are of U.S. origin. You agree to comply with all applicable international and national laws that apply to these products, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by the U.S. and other governments. For additional information on exporting Microsoft products, see http://www.Microsoft.com/exporting/.

Software will automatically identify supported equipment that has been connected to your D&M system and then automatically check periodically (via the internet) whether there are any updates available for such D&M products. From time to time you may receive notices of available Upgrades or Updates to the Software. Any upgrades or updates will continue to be subject to the terms of this EULA unless a new EULA is required to access or download the update or upgrade in which case the new EULA will apply according to its terms.

The Software may include links to or display content from third party providers, such as music services. You understand and agree that D&M shall not be liable for such third party content or services, and that any such providers are separate legal entities and are in no way related to D&M. Any content provided by such third party providers shall be subject to the agreements governing such third party services. Further, D&M does not warranty, guaranty or otherwise claim that all such services will be available to You, or that such services will be uninterrupted or error free in any way. You must determine individually whether you wish to utilize any third party service.

You represent that you are at least 16 years of age. You may permit others to use the Software under your account, but you agree that you are fully responsible for any minors' use of the Software. This Software is not designed or marketed to users under age 13.

At D&M, we believe privacy is a right, not a privilege. In other words, you should expect us to protect your privacy, and you should not have to worry about it. We believe that a clear-cut privacy policy is an important part of the service we provide. We are committed to safeguarding your privacy while providing you with the best experience possible. This is our Privacy Credo:

To best understand this Privacy Policy, please keep in mind that information may become available to us from several different sources:

It is important to know that there are two different types of information that may become available to us. These can be used in different ways, as explained below in the Q&A section of our Privacy Policy. The terms defined below are used throughout our Privacy Policy:

What information does D&M collect from its websites?

When you visit certain areas of our websites, we may ask if you would like to register by providing Personal Information. For example, if you buy a product, enter a contest, or subscribe to a mailing list from our site, we will ask you for certain Personal Information in connection with that transaction. We also collect Non-Personal Information from the website, including which pages you look at and other similar data.

As do most websites, D&M's websites use "cookies." D&M's apps may also use cookies. A cookie is a small data file that can be sent to your browser or other device to be stored automatically on your computer or mobile device. Cookies are commonly used to track your visits to a site or your use of Apps so you don't have to log in on every page and to analyze how you use the site or App. Among other things, this can allow website operators and App providers to serve you better. It may be possible to set your Internet browser or mobile device to reject cookies but this may affect your ability to use some parts of websites or Apps.

When you register your D&M product on our webistes, we collect Personal Information. Our practices regarding the collection and use of this information are described below.

What information does D&M collect from its products?

When you use some D&M products, such as our HEOS App, certain functionality such as streaming that utilizes D&M servers will leave a history of your use of the App that may include listings of content played, playlists, which services were utilized etc. This allows us to make those listings available to you in the future.

Without an industry or legal standard for recognizing and responding to Do Not Track signals sent by users' browsers, and without a universal method for turning off tracking at the device level, we do not respond to Do Not Track signals at this time. To learn more about Do Not Track and how to set tracking options on different mobile devices and browsers, please visit http://www.allaboutdnt.com. If you block the use of trackers on this device, app, or browser, the app may be inaccessible or not function properly.

If you want to opt out of interest-based ads, you can choose to limit ad tracking on your computer, iPhone, iPad, iPod touch, and Apple TV. You can also turn off location-based ads on your iPhone, iPad, and iPod touch. Go to Settings>Privacy>Advertising to change the ad tracking setting on your iOS device.

We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website at http://www.aboutads.info/choices/.

Our Apps collect real-time non-identifiable information about the location of devices using the application through third party analytics providers. If you do not want us to collect this information do not download this App on your device.

Depending on how you use the HEOS App, different types of information may be provided by you or collected by the App. You can control most of this information by the choices you decide to make.

Choosing Not to Create a HEOS Account: if you decide not to create a HEOS account, no personally identifiable information will be collected, though your computer's unique internet protocol (IP) address will be logged into our systems along with the serial number of your HEOS product. Other than this, no other information will be collected until (I) you purchase and connect more HEOS products to your system (then the same initial information would be transmitted), or (II) you later decide to create a HEOS account. Some functionality is available only if you create a HEOS account.

Create a HEOS account: if you choose to create a HEOS account, you can choose to provide only the following information: Email address and music services information.

In addition, after creating a HEOS account, your system will periodically report the following types of information: country location; IP address; device details (model, mac address, update activity - last time device performed an update check) and playback tracking - used for the "History" feature of the HEOS app.

We may use Personal Information we collect to complete a transaction you request. D&M may also use your mailing address; telephone number or email address to alert you to special offers, updated information and new services. If you don't want D&M to contact you, you may indicate this in the opt-out or opt-in boxes as discussed in the question and answer below titled "What Choices do I Have".

Non-Personal Information collected through our website is used for maintenance, monitoring and marketing uses, but Non-Personal Information linked to your Personal Information will not be provided to third parties.

Personal Information will not be provided to third parties without your approval except in the limited circumstances listed below. Further, Non-Personal Information will not be linked to Personal Information if we provide it to third parties.

We offer a number of options regarding the collection and use of information by D&M? At the time you submit Personal Information, you can opt-out of receiving information from D&M about our products and related products, promotions, and services by checking or removing the check from appropriate boxes provided for this purpose. You also are not required to submit Personal Information to D&M unless you wish to voluntarily participate in a promotion, register your products, receive information from D&M about our products or services, or similar types of voluntary actions.

The D&M website is not intended for use by children and does not solicit them. D&M does not knowingly obtain or try to obtain personal information from children or request such information from them.

D&M believes in and supports your right to access and correct the Personal Information you have provided us. To do so, simply contact D&M Canada at 201-762-6665 and we will make corrections that you request.

D&M has security measures in place that are designed to protect your information. All Personal Information and any Non-Personal Information is stored in a physically secured environment. Access to this information is strictly limited to individuals with a legitimate reason to have access, who have signed agreements that prohibit the unauthorized use or disclosure of such information, and who know their access activities are monitored. In addition, all of D&M's stored information is firewall protected in a manner designed to prevent unauthorized access into our systems. While we cannot guarantee that loss, misuse or alteration of your data will not occur, we work hard to prevent such occurrences.

Our privacy policy could change in the future. As our business and services expand and change, we will update this policy to provide you with information about changes to our privacy policy, including how we treat Personal Information collected through our services.

Updates to this policy, including opportunities to opt out of data collection, will be posted on our website indicating the policy has been updated. In most cases, these will be the exclusive means of communicating changes to our privacy policy. We encourage you to review this policy periodically to review any changes that have been posted.

One thing that will never change at D&M is our commitment to your privacy.

If you have any questions or comments about our use of your information or about this Privacy Policy, email us at [email protected]. We will be happy to give you more information.

If you have a complaint about our use of your information, please let us know. We comply fully with the legal and regulatory supervisory authorities responsible for enforcing our adherence to the privacy principles stated above.