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Peak 4 User's Guide Peak TM Version 4.1 Software User’s Guide ii Peak User’s Guide Software Copyright and Warranty SOFTWARE that has been modified, merged, or includ- This legal document is an agreement between you, the ed with other software, or of the written materials is end user, and BIAS, Inc. BY UTILIZING THE SOFTWARE expressly forbidden. You may be held legally responsible ON THESE DISKS, YOU ARE AGREEING TO BECOME for any copyright infringement that BOUND BY THE TERMS OF THIS AGREEMENT, WHICH is caused or encouraged by your failure to abide by the INCLUDES THE SOFTWARE LICENSE AND THE SOFT- terms of this License. Subject to these restrictions, and if WARE DISCLAIMER OF WARRANTY (collectively the the SOFTWARE is not copy-protected, you may make “Agreement”). THIS AGREEMENT CONSTITUTES THE one (1) copy of the SOFTWARE solely for backup pur- COMPLETE AGREEMENT BETWEEN YOU AND BIAS, poses. You must reproduce and include the copyright INC. IF YOU DO NOT AGREE TO THE TERMS OF THIS notice on the backup copy. AGREEMENT, DO NOT USE THE SOFTWARE ON THE 4. USE RESTRICTIONS. As the LICENSEE, you may phys- DISKS INCLUDED IN THIS PACKAGE AND PROMPTLY ically transfer the SOFTWARE from one computer to RETURN THE UNOPENED PACKAGE AND THE OTHER another provided that the SOFTWARE is used on only MATERIALS (INCLUDING WRITTEN MATERIALS, one computer at a time. You may not electronically trans- BINDERS OR OTHER CONTAINERS) THAT ARE PART OF fer the SOFTWARE from one computer to another over THIS PRODUCT TO THE PLACE WHERE YOU a network. You may not distribute copies of the SOFT- OBTAINED THEM FOR A FULL REFUND. BIAS SOFT- WARE or accompanying written materials to others. You WARE LICENSE may not modify, adapt, translate, reverse engineer, de- 1. GRANT OF LICENSE. In consideration of payment of compile, disassemble, or create derivative works based the LICENSE fee, which is part of the price you paid for on the SOFTWARE. You may not modify, adapt, translate, this product, BIAS, as Licensor, grants to you, the or create derivative worksbased on the written materials LICENSEE, a non-exclusive right to use and display this without the priorwritten consent of BIAS. copy of a BIAS software program (hereinafter the “SOFT- 5. TRANSFER RESTRICTIONS. This SOFTWARE is WARE”) an a single COMPUTER (i.e., with a single CPU) licensed only to you, the LICENSEE, and may not be at a single location. BIAS reserves all rights not expressly transferred to anyone without the prior written consent granted to LICENSEE. of BIAS. Any authorized transferee of the SOFTWARE 2. OWNERSHIP OF SOFTWARE. As the LICENSEE, you shall be bound by the terms and conditions of this own the magnetic or other physical media on which the Agreement. In no event may you transfer, assign, rent, SOFTWARE is originally or subsequently recorded or lease, sell, or otherwise dispose of the SOFTWARE on a fixed, but BIAS retains title and ownership of the SOFT- temporary or permanent basis except as expressly pro- WARE recorded on the original disk copy (or copies) and vided herein. all subsequent copies of the SOFTWARE, regardless of 6. TERMINATION. This License is effective until termi- the form or media on which the original and other nated. This License will terminate automatically without copies may exist. This License is not a sale of the original notice SOFTWARE or any copy. from BIAS if you fail to comply with any provision of this 3. COPY RESTRICTIONS. This SOFTWARE and the License. Upon termination you shall destroy the written accompanying written materials are copyrighted. materials and all copies of the SOFTWARE, including Unauthorized copying of the SOFTWARE, including modified copies, if any. Software License Agreement iii 7. UPDATE POLICY. BIAS may create, from time to time, replace the disk or refund the purchase price. Any updated versions of the SOFTWARE. At its option, BIAS replacement disk will be warranted for the remainder of will make such updates available to the LICENSEE and the original warranty period or thirty (30) days, whichev- transferees who have paid the update fee and returned er is longer. the registration card to BIAS. THE ABOVE ARE THE ONLY WARRANTIES OF ANY 8. MISCELLANEOUS. This Agreement is governed by the KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT law of the State of California. NOT LIMITED TO THE IMPLIED WARRANTIES OF MER- DISCLAIMER OF WARRANTY AND LIMITED WARRANTY CHANTABILITY AND FITNESS FOR A PARTICULAR PUR- THE SOFTWARE AND ACCOMPANYING WRITTEN POSE, THAT ARE MADE BY BIAS CONCERNING THE MATERIALS (INCLUDING INSTRUCTIONS FOR USE) BIAS PRODUCT. NO ORAL OR WRITTEN INFORMATION ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY OR ADVICE GIVEN BY BIAS, ITS DEALERS, DISTRIBU- KIND. FURTHER, BIAS DOES NOT WARRANT, GUARAN- TORS, AGENTS, OR EMPLOYEES SHALL CREATE A WAR- TEE, OR MAKE ANY REPRESENTATIONS REGARDING RANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS THE USE, OR THE RESULTS OF THE USE, OF THE WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH SOFTWARE OR WRITTEN MATERIALS IN TERMS OF INFORMATION OR ADVICE. THIS WARRANTY GIVES CORRECTNESS, ACCURACY, RELIABILITY, CURRENT- YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER NESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RIGHTS WHICH VARY FROM STATE TO STATE. NEI- RESULTS AND PERFORMANCE OF THE SOFTWARE IS THER BIAS NOR ANYONE ELSE WHO HAS BEEN ASSUMED BY YOU, AND NOT BIAS OR ITS DEALERS, INVOLVED IN THE CREATION, PRODUCTION, OR DISTRIBUTORS, AGENTS, OR EMPLOYEES, YOU AGREE DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR TO ASSUME THE ENTIRE COST OF ALL NECESSARY ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCI- SERVICING, REPAIR, OR CORRECTION. BIAS warrants DENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS to the original LICENSEE that the disk(s) on which the OF BUSINESS PROFITS, BUSINESS INTERRUPTION, SOFTWARE is recorded is free from defects in materials LOSS OF BUSINESS INFORMATION, AND THE LIKE) and workmanship under normal use and service for a ARISING SUCH DAMAGES. BECAUSE SOME STATES DO period of ninety (90) days from the date of delivery as NOT ALLOW THE EXCLUSION OR LIMITATION OF LIA- evidenced by a copy of the receipt. Further, BIAS here- BILITY FOR CONSEQUENTIAL OR INCIDENTAL DAM- by limits the duration of any implied warranty (or war- AGES, THE ABOVE LIMITATION MAY NOT APPLY TO ranties) on the disk to the respective periods stated YOU. above. Some states do not allow limitations on duration This Disclaimer of Warranty and Limited Warranty is gov- of an implied warranty, so the above limitation may not erned by the laws of the State of California. apply to you. BIAS’ entire liability and your exclusive remedy as to disk(s) shall be, at BIAS’ option, either (a) U.S. GOVERNMENT RESTRICTED RIGHTS return of the purchase price or (b) replacement of the disk that does not meet BIAS’ Limited Warranty and The SOFTWARE and documentation is provided with which is returned to BIAS with a copy of the receipt. If RESTRICTED RIGHTS. Use, duplication, or disclosure by failure of the disk has resulted from accident, abuse, or the Government is subject to restrictions as set forth in misapplication, BIAS shall have no responsibility to subdivision (b)(3)(ii) of The Rights in Technical Data and iv Peak User’s Guide Computer Software clause at JAM™ & Toast™ are registered trademarks of Roxio, Inc. 252.227-7013. Pro Tools™ is a registered trademark of Digidesign, Inc. Contractor/manufacturer is: Premiere™ is a registered trademark of Adobe Systems, Inc. BIAS (Berkley Integrated Audio Software), Inc. FileMaker Pro™ is a registered trademark of FileMaker, 1370 Industrial Ave. Inc. Suite A Paris™ is a registered trademark of E-mu Systems, Inc. Petaluma, CA 94952 USA US-428™ is a registered trademark of Tascam, Inc. 828™ is a registered trademark of MOTU, Inc. Should you have any questions concerning this Agreement, or if you desire to contact BIAS for any rea- Word™ is a registered trademark of Microsoft, Inc. son, please contact in writing: User’s Guide: BIAS Customer Sales and Service Zac Wheatcroft, Steve Berkley, Bruce Bennett 1370 Industrial Ave. Suite A Special Thanks to: Petaluma CA 94952 Christine Berkley, Jason Davies, Ben Hester, Dan USA Spirlock, Gabe Khofri, Ben Ventura, Lisa Stefan, Samantha Boyd, Victor Cebreros, Megan Peterschmidt, Copyright 1996–2003 BIAS, Inc. Andrew Stone, Brent Hurtig, Craig Linsen, Mark Altekruse, Dan Brown, all the Peak beta testers, Steve Credits: Cerilli, Ernest Cholakis, Bil Bryant, Howard Frederics, Peak™ software: Steve Berkley, Andrew Kimpton, Dave CKSDE, J. Mark Andrus, Michael Barrett, Robbie Tremblay Berman, Bruce Bennett, Ray Brunelle, BT, Andrew Calvo, Will Carpmill, Chris Clanin, Jason Davies, Luke DeLalio, Dennie Edwards, Tom Erbe, Terje Finstad, Audio Units™, Mac OS X™, Macintosh™, iMovie™, and Daniel Fisher, Kelly Fitz, Mikail Grahm, Brian Hamilton, Final Cut Pro™ are registered trademarks of Apple Tom Hays, Morris Hayes, Gary Hobish, Walter Horat, Computer, Inc. Matt Isaacson, Carson Kendall, Paul Korntheuer, peer landra, Jeremy J. Lee, Ray Legnini, Igor Len, Randy M., VST™ is a registered trademark of Steinberg Media Jose Ignacio Martin, Christophe Masson, Riccardo Technologies, AG. Mazza, Ron Macleod, David Mash, Peter McCabe, David McIntyre, Melvin & Milo Mole, Jeff Moore , Itai Neoran, POWr Dithering™ is a registered trademark of the POWr NIN, Drayson Nowlan, Martin O'Donnell, Larry Consortium LLC. Oppenheimer, Heather Perkins, Dan Phillips, Scott Plunkett, Gene Porfido, Les Quindipan, Ralph, Bob Credits v Rice, Brad Sarno, Arne Schulze, Seva, Eli Shauriki, Ronen Shloush, Craig Snoke, Stefan Sozomenu, Alex Stahl, M. Stevens, Morten Stjernholm, Mark Tinley, David Torn, David Tremblay, Rudy Trubitt, Tsvika, Earl Vickers, Charles Wiltgen, Michael Winter, Doug Wright, and Tsuyoshi Yasukawa. vi Peak User’s Guide BIAS Product Support: Unlimited Complimentary Self Help will be required for support.
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