End User License Agreement and Privacy Policy

Table of Contents

End User License Agreement

GRANT OF LICENSE

NOT FAULT TOLERANT

NO WARRANTIES FOR THE SOFTWARE

NO LIABILITY FOR CERTAIN DAMAGES

LIMITATIONS ON REVERSE ENGINEERING, DECOMPILING AND DISASSEMBLY

SOFTWARE TRANSFER ALLOWED BUT WITH RESTRICTIONS

EXPORT RESTRICTIONS

UPDATES

LINKS TO THIRD PARTY SERVICES

AGE RESTRICTIONS

Denon US Privacy Policy

What are Cookies

Do Not Track

Ad Tracking

Location Information

HEOS App

End User License Agreement

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).

1. GRANT OF LICENSE. 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.

2. NOT FAULT TOLERANT. 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.

3. NO WARRANTIES FOR THE SOFTWARE. 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.

4. NO LIABILITY FOR CERTAIN DAMAGES. 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.

5. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILING AND DISASSEMBLY. 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.

6. SOFTWARE TRANSFER ALLOWED BUT WITH RESTRICTIONS. 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.

7. EXPORT RESTRICTIONS. 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

8. UPDATES. 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.

9. LINKS TO THIRD PARTY SERVICES. 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.

10. AGE RESTRICTIONS. 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.

Denon US Privacy Policy

At Denon, 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:

- We see your privacy as a right and not just a privilege.

- We respect your privacy and are committed to maintaining the privacy of your personal information.

- We will tell you what information we collect about you and how we use that information.

- We give you choices as to how your personal information will be used.

Sources of Information

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

1. Our corporate and product websites such as or (see Q&A “cookies” below).

2. Telephone. You may call us and provide us with information.

3. Email. You may email us and provide us with information or we may receive a confirmation when you open e-mail from us if your computer supports such functionality.

4. Registrations of Your Product. When you choose to register your product you will be asked for information about you as part of the registration.

5. Use of Certain Products or Apps. Certain of our products utilize servers owned or leased by Denon in order to store or provide you with information such as music content or other content that may be streamed from our servers to your products. An example of this would be using our Heos app to create playlists or to access music services whose content comes through the app. In these cases a historical listing of the content may be kept on our servers so as to allow you to recall the list of content played, for example.

Types of Information

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:

1. "Personally Identifiable Information" is private data about you as an individual. Examples of this data would be your name, street address, telephone number, email address, and other personal information that identifies you as you. We call this "Personal Information" for short.

2. "Non-Personal Information" is information about how you use our website and products that is not connected to your particular name, street address, or other Personal Information. For example, Non-Personal Information could include city, state, IP addresses, how many people viewed a particular page on our website or how many people upgraded to our latest software, without connecting that Information to the specific identities of those people.

What information does Denon 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.

What are “Cookies”

As do most websites, Denon’s websites use "cookies." Denon’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 Denon product on our webistes, we collect Personal Information. Our practices regarding the collection and use of this information are described below.

What information does Denon collect from its products?

When you use some Denon products, such as our HEOS App, certain functionality such as streaming that utilizes Denon 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.

Do Not Track

[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, ]Ww/we do not do not respond to Do Not Track signals at this time at this time. [To learn more about Do Not Track and how to set tracking options on different mobile devices and browsers, please visit you block the use of trackers on this device, app, or browser, the app may be inaccessible or not function properly.]

Ad Tracking

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

[Location and Demographic Information

Our Apps collect real-time non-identifiable information about the location of devices and demographic profiles of users 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. Alternatively, you may opt out of data collection using the Google Analytics opt out located here[io1], however, the App may not function as expected and you may not be able to access certain parts of the App.]

HEOS App

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.

How does Denon use the information it collects?

We may use Personal Information we collect to complete a transaction you request. Denon 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 Denon to contact you, you may indicate this in the opt-out or opt-in boxesas 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.

Third-Party Service Providers: We employ other companies and individuals to perform necessary functions on our behalf such as fulfilling orders, delivering packages, analyzing data, processing credit card payments, and providing customer service. To perform their services they are given access to personal information but may not use the information for other purposes.

• Business Transfers: If our business is sold or transferred, customer information would be expected to be one of the transferred business assets but remains subject to the commitment made in this policy unless the company that acquires it informs you otherwise.

• Legal Compliance: We may release personal information when we believe release is appropriate in order to follow the law; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of Denon, our users, or others.

What Choices do I Have?

We offer a number of optionsregarding the collection and use of information by Denon? At the time you submit Personal Information, you can opt-out of receiving information from Denon 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 Denon unless you wish to voluntarily participate in a promotion, register your products, receive information from Denon about our products or services, or similar types of voluntary actions.

Children's Privacy

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

Can I correct the information collected about me?

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