Definitions. As used in this Agreement:
a. "Product" means any audio file or collection of audio files
contained in this package, or the audio file or collection of audio files which
you have selected for electronic transfer, or any portion of any such files,
regardless of how the files are stored, formatted, or delivered.
b. "Application" means any synchronized,
broadcast or non-broadcast medium
through or on which the Product may be used, including, but not limited to,
Audio CDs, Audio or Video DVDs, electronic displays, web sites, videos, kiosks, computer programs, computer
software, and computer disks (including, but not limited to, floppy disks, hard
drives, Zip disks, Jazz disks, CD ROM and DVD ROM disks).
c. "Web site" means a site on the World Wide Web defined by a
single domain name.
d. "Owner" means Digital-Groove.com, 5392 Conifer Dr., Mason,
Ohio 45040, (513) 325-5329, http://www.digital-groove.com,
Copyright. The Owner owns the Product. The license granted by this Agreement does
not affect Owners status as owner of the Product. The Product is protected by
state, federal, and international copyright laws. You may not use, copy, modify,
or transfer the Product, or any part of the Product, except as provided in this
Agreement. It is illegal to redistribute, sell, or reproduce any part of the
Product in any form other than the provisions outlined in the License
License. This Agreement allows you to use the Product in a single Application.
You may not use the Product in more than one Application unless you get the
Owners permission. You may not transfer this license to anyone unless you get
the Owners permission.
You may make one copy of the Product for back-up or archival purposes.
You may merge the Product into another file or program in connection with your
use of the Product in a single Application. Any portion of the Product merged
into another file or program remains the property of the Owner, and remains
subject to this Agreement.
You may use the entire Product or a portion(s) of the Product. You may
alter the tempo of the Product, trim/append the Product, and/or
increase/decrease the Products volume. Any such modifications remain the
property of the Owner, and remains subject to this Agreement. You may not modify
the musical content of the Product, re-record the Product, or make any other
modifications to the Product, without the Owners permission.
The following examples illustrate some of the rights and limitations
provided for in this Agreement. They are presented for the illustration purposes
only, and in no way limit the terms of this Agreement:
a. An individual may use the Product as part of a single web site. The
individual may not use the Product as part of multiple web sites without
permission from the Owner.
b. A web site designer may purchase the Product on behalf of a single
client, to use in the development of a single web site for the client. The web
site designer may re-use the Product for development-only purposes of other web
sites for the client or for other clients, but must acquire a new license from
the Owner upon the commercial usage or non-development usage by the client.
c. A software designer may use the Product in the development of a
single software program. The software designer may not offer the program
containing the Product for sale to the public unless without permission from the
license scope granted by this Agreement is 10,000 page views per month, or
10,000 distributed copies. Additional scope must be reported to the owner and an
additional royalty will apply. Contact Digital-Groove Media for large volume
The license term granted by this Agreement is one (1) Year. You may terminate
the license at any time by destroying the Product, along with all copies,
modifications, and merged portions of the Product. The license will also
terminate automatically upon your failure to comply with this Agreement. In the
event of such a termination, you agree to destroy the Product, along with any
copies, modifications, and merged portions of the Product in any form.
Warranty. The Owner warrants that the Product, if properly installed and operated
on appropriate hardware, will perform substantially as described in the
specifications provided by the Owner. This warranty applies for a period of
sixty (60) days from the date of delivery of the Product to you, as evidenced by
a copy of your receipt. This warranty is not transferable.
During the warranty period, the Owner agrees to repair or replace
defective Product. If the Owner cannot repair or replace the Product, you may
return the Product for a full refund. The Owners liability for non-performing
Product is limited to repairing or replacing the Product, or refunding the
purchase price. The warranty is contingent upon the proper use of the Product,
and does not cover damage due to any circumstances beyond the Owners
control-such of lack of knowledge on how to use the Product.
NO OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE MADE REGARDING THE PRODUCT,
INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOUR SOLE REMEDIES AND THE ENTIRE LIABILITY OF THE OWNER ARE SET FORTH IN THIS
AGREEMENT. THE OWNER SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL,
INDIRECT, OR OTHER DAMAGES OF ANY KIND ARISING OUT OF THE USE OF OR INABILITY TO
USE THE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
AND/OR LIMITS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
AND EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Miscellaneous. This Agreement sets forth the complete understanding of the parties,
and supersedes any prior agreements, written or oral. This Agreement shall be
governed by Ohio law. In the event of any dispute regarding this Agreement, you
consent to exclusive jurisdiction and venue in the state or federal courts in
Ohio. If any provision of this Agreement is held to be unenforceable for any
reason, the rest of the Agreement will remain in effect and be enforceable
according to the remaining terms. This Agreement may not be modified except in
writing, signed by the Owner.
By purchasing Product from Digital Groove Productions, you automatically agree to the terms described in the license agreement