End User Agreement - Full Length Tracks
HIGHANDES END USER LICENSE AGREEMENT - FULL LENGTH TRACKS
IMPORTANT - PLEASE READ THE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING FULL LENGTH TRACKS.
Do not download until you have read and accepted all the terms of this licence and you wish to become the licensee of the audio content contained in the Full Length Track(s) ("Licensee"). Acceptance shall bind you to the terms of this licence agreement (the “License").
Your download will be deemed to be your acceptance of the terms of this License. If you, the Licensee do not agree with any terms of this License, and do not download.
By purchasing, accepting or using any HighAndes Royalty Free Music, you acknowledge and agree to the following terms, conditions and limitations of use. In the event of a breach of this License Agreement action may be taken against you directly by the owner of the copyright. HighAndes Royalty Free Music is sold to you with a lifetime non-transferable license for synchronization rights only. Unauthorized resale of HighAndes Royalty Free Music is prohibited.
RIGHTS GRANTED
Grant of License. HighAndes Limited, of 9 Adelaide Court, Adelaide Road, Dublin 2, (under which it holds a license to license and distribute the Digital Media Content (together hereinafter referred to as “HighAndes")) is authorised either as owner of or as sub-licensee to licence the Audio Content (as defined below). HighAndes grants you, the Licensee, for your personal use only and not for re-sale or commercialisation, a non-exclusive, non-transferable, revocable, right to use this single copy of the audio content contained within it [and its documentation and files (hereinafter to be referred to as the “Audio Content") on a single computer. You, the Licensee, may make one copy of the Audio Content for archival purposes or back-up purposes only. The archival or back-up copy must clearly be identified and labelled as a copy and must clearly show any copyright label and other propriety notices attached to the original files and its related documentation and include all restrictions and protections specified in this License. You the Licensee are free to use the Audio Content in your own original composition subject to the terms of this agreement.
Synchronization Rights
The right to use the music as a soundtrack ‘synced’ with visual images as part of your production.
• You have the right to synchronize the audio content from any HighAndes Royalty Free Music library (without any further payments) with audio and/or visual productions or applications such as film & video productions, training and marketing presentations, corporate videos, on hold messages, radio presentations or commercials, television presentations or commercials, musical recordings, live performances, Web pages, multimedia presentations, interactive programs, computer games, audiovisual or computer generated displays, programs or presentations which may incorporate streaming audio or podcasts (hereinafter referred to as “the Production").
• You may create unlimited copies of the Production.
LIMITATIONS
Copyright infringement is a serious offence. HighAndes protects its copyright by all necessary means, including legal action.
You are not authorized to:
• Sell, Loan or give away unsynchronized sounds from HighAndes Royalty Free Music library. (Although the music can be sold as part of the Production)
• Claim ownership or authorship of the music represented under this agreement
License Restrictions. The Audio Content contains copyrighted material and other proprietary materials of HighAndes. You, the Licensee, agree that in order to protect those proprietary materials, except as expressly permitted by applicable law, neither you nor a third party acting on your behalf will: copy, lease, rent, modify or sub-license to any party of the Audio Content licensed to you, the Licensee, under this Agreement. The Audio Content may not be used in a pornographic, defamatory, libellous or otherwise illegal manner, whether directly or in context or juxtaposition with other materials.
Ownership. All rights in the copyrighted material of the Audio Content are licensed, not sold, to you, the Licensee, for use only under the terms and conditions of this Agreement. HighAndes reserves all rights not expressly granted to you in this Agreement. HighAndes retains title to the Audio Content and the copyrighted material in the Full Length Track collection, and all intellectual property rights therein.
Third Party Intellectual Property Rights. HighAndes take no responsibility for use by you, the Licensee, of the Audio Content, including with any other third party intellectual property. It is the Licensee’s sole responsibility to obtain all relevant authorities so as not to infringe any other parties intellectual property rights while using the Software.
Limited Product Warranty. HighAndes warrants to you that the Audio Content will substantially conform to its published documentation and the media containing the Audio Content shall be free from material defects in material and workmanship, each for a period of ninety (90) days from the date of purchase as shown on your till receipt (the “Limited Warranty"). This Limited Warranty is void if failure of the Audio Content has resulted from accident, abuse, modifications or misapplication. This Limited Warranty is non-transferable and is personal to you, the Licensee, the original purchaser of the Product which includes the Audio Content. The Limited Warranty gives you specific legal rights, and you may also have other rights which vary under local laws.
Remedies. Except to the extent that by law liability may not lawfully be executed HighAndes entire liability and your exclusive remedy under the Limited Warranty shall be at HighAndes option either by (a) return of the purchase price or (b) replacement of the Full Length Track(s) that does not meet the Limited Warranty and which is returned to HighAndes or its distributors with a copy of your receipt. Any replacement Audio Content will be warranted for the remainder of the original Limited Warranty period or thirty (30) days, whichever is longer.
Disclaimer of Warranty. EXCEPT TO THE EXTENT THAT BY LAW LIABILITY MAY NOT LAWFULLY BE EXCLUDED THIS AUDIO CONTENT IS SUPPLIED “AS IS” AND WITHOUT WARRANTY AS TO PERFORMANCE OR MERCHANTABILITY, OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. HIGHANDES DO NOT WARRANT THAT THE AUDIO CONTENT WILL MEET YOUR, THE LICENCEES REQUIREMENTS OR THAT THE OPERATION OF THE AUDIO CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. FURTHERMORE, HIGHANDES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE AUDIO CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HIGHANDES, SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE LIMITED WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ENTIRE OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Warranty. IN NO EVENT WILL HIGHANDES OR ITS DEVELOPERS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE), EITHER IN CONTRACT OR TORT, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE AUDIO CONTENT, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF HIGHANDES, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Termination. This Licence shall automatically terminate, without notice from HighAndes, if you fail to comply with any provisions of the Licence. Upon termination you must permanently remove any part of the Audio Content loaded onto the hard drive of the computer or other storage medium under your control. You, the Licensee, may terminate this agreement at any time by permanently removing any part of the Audio Content loaded onto the hard drive of the computer or other storage medium under your control.
Entire Agreement. This License constitutes the entire agreement between HighAndes and you, the Licensee, with respect to the use of the Audio Content and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless made in writing and signed by a duly authorised officer of HighAndes.
Severability. If for any reason a court of competent jurisdiction finds any provision of this License or any portion thereof to be illegal, invalid or unenforceable to any extent the remainder of this License shall continue in full force and effect.
Governing Laws. If you acquire the Audio Content in the United States, this License shall be governed and construed in accordance with the laws of the State of Washington. If the Audio Content was acquired outside the United States, this License shall be governed and construed in accordance with the laws of Ireland.
TERRITORY
The World
HighAndes Ltd.
9 Adelaide Court,
Adelaide Road,
Dublin 2,
Ireland.