For One (1) Computer

CD Sheet Music, LLC Electronic End User License Agreement

NOTICE TO USER: THIS IS A CONTRACT. READ IT CAREFULLY
BEFORE PROCEEDING.
This CD Sheet Music, LLC ("CDSM") End User License
Agreement (the "Agreement") accompanies software
("Software") and related explanatory written materials
("Documentation"). The term "Software" shall also include
any upgrades, modified versions, updates, additions, and
copies of the Software licensed to you by CDSM. CDSM is
willing to license the Software and the Documentation to
both the individual installing the Software and any legal
entity on whose behalf such individual is acting
(hereinafter You or Your) only on the condition that
You accept all of the terms in this agreement
(Agreement). PLEASE READ THE TERMS CAREFULLY BEFORE
CLICKING ON THE AGREE BUTTON. BY CLICKING ON THE
AGREE BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ AND
UNDERSTAND THIS CONTRACTS AND AGREE TO BE BOUND BY ITS
TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS OF THIS AGREEMENT, CDSM DOES NOT
GRANT ANY LICENSE AND YOU SHOULD CLICK ON THE DONT
AGREE BUTTON TO EXIT THIS PAGE, AND YOU WILL NOT BE ABLE
TO USE THE SOFTWARE.
1. LICENSE GRANT
(A) License To Use
Subject to the terms and conditions of this
Agreement, including, without limitation, Section 1(B),
CDSM grants to You a limited, non-exclusive, non-
transferable, and royalty free license to do the
following:
1.1. Installation: You may install the Software in a
single location on a hard disk or other storage
device of up to the number of computers indicated
in the upper left hand corner ("Permitted Number of
Computers") of this Agreement
1.2. Network Use: Provided the Software is configured
for network use, You may install and use the
Software on a single file server for use on a
single local area network for either (but not both)
of the following purposes: (a) permanent
installation onto a hard disk or other storage
device of up to the Permitted Number of Computers;
or (b) use of the Software over such network,
provided the number of different computers on which
the Software is used does not exceed the Permitted
Number of Computers. For example, if there are 100
computers connected to the server, with no more
than 15 computers ever using the Software
concurrently, but the Software will be used on 25
different computers at various times, the Permitted
Number of Computers for which You need a license is
25.
1.3. Backup Copy: You may make one backup copy of the
Software, provided Your backup copy is not
installed or used on any computer and provided
further that You reproduce all copyright and other
proprietary notices that are on the original copy
of the Software.
1.4. Use on a Secondary Computer: The primary user of
each computer on which the Software is installed or
used may also install the Software on one home or
portable computer. However, the Software may not be
used on the secondary computer by another person at
the same time the Software on the primary computer
is being used
1.5. Printouts: The printed output from CDSM is an
integral part of the Software. You are permitted to
make as many prints from CDSM as You wish. You may
not remove or cover the CDSM logo, copyright or
trademark information. You may not sell, rent,
lease, or sublicense prints from CDSM to another
party.
2. INTELLECTUAL PROPERTY RIGHTS
(A) Ownership.
You hereby acknowledge and agree that CDSM and its
licensors own and retain all rights, title, and interest
in and to the Software, regardless of the form or media
in or on which the original or other copies may
subsequently exist including, without limitation, all
copyrights, trademarks, patents and trade secret rights
inherent therein or appurtenant thereto. The Software,
including its structure, organization and code, are the
valuable trade secrets of CDSM and its suppliers. The
Software is also protected by United States Copyright Law
and International Treaty provisions. Unauthorized
reproduction or distribution is subject to civil and
criminal penalties. You must treat the Software just as
You would any other copyrighted material, such as a book,
and You agree to take adequate steps to protect the
Software from unauthorized disclosure or use. You may not
copy the Software or the Documentation, except as set
forth in Section 1(A) License to Use above. Any copies
or prints that You are permitted to make pursuant to this
Agreement must contain the same copyright and other
proprietary notices that appear on or in the Software.
You agree not to modify, adapt or translate the Software.
You also agree not to reverse engineer, decompile,
disassemble or otherwise attempt to discover the source
code of the Software. Trademarks shall be used in
accordance with accepted trademark practice, including
identification of trademark owner's name. Trademarks can
only be used to identify printed output produced by the
Software. The Trademark information may not be removed
from any file or print generated by such files. Such use
of any trademark does not give You any rights of
ownership in that trademark. This Agreement shall not
constitute a sale of the Software and no title or
proprietary rights to the Software or Documentation or
any intellectual property contained in the Software or
Documentation are transferred to You hereby.
(B) Injunctive Relief.
You acknowledge that the Software is a unique,
confidential and valuable asset and trade secret of CDSM
or its licensors, and CDSM or its licensors shall have
the right to obtain all equitable and legal redress which
may be available to it for the breach or threatened
breach of this Agreement including, without limitation,
injunctive relief.
3. Transfer. You may not rent, lease, sublicense or
lend the Software or Documentation. You may, however,
transfer all Your rights to use the Software to another
person or legal entity provided (1) that You transfer
this Agreement, the Software, including all copies,
updates and prior versions and all copies of font
Software converted into other formats, and all
Documentation to such person or entity, (2) that You
retain no copies, including copies stored on a computer,
and (3) that the receiving party accepts the terms and
conditions of this Agreement.
4 Compliance with Law: You will comply fully with all
applicable laws, including the laws of the country in
which you are located. Without limiting the
generality of the foregoing, you acknowledge that the
Software may contain data encryption technology, and
you will comply fully with any export and re-export
restrictions and regulations that are applicable to
the Software.
5. Multiple Environment Software/Multiple Language
Software/Dual Media Software/Multiple Copies/Upgrades.
If the Software includes, or, in connection with the
acquisition of the Software You receive, two or more
operating environment versions of the Software (e.g.,
Macintosh and Windows ), two or more language
translation versions of the Software, the same Software
on two or more media (e.g., diskettes and a CD-ROM),
and/or You otherwise receive two or more copies of the
Software, the total aggregate number of computers on
which all versions of the Software are used may not
exceed the Permitted Number of Computers. You may make
one back-up copy, in accordance with the terms of this
Agreement, for each version of the Software You use. You
may not rent, lease, sublicense, lend or transfer
versions or copies of the Software You do not use, or
Software contained on any unused media, except as part of
the permanent transfer of all Software and Documentation
as described above. If You acquire an upgrade or update
for Software, You may use the previous version for ninety
(90) days after You receive the new version in order to
assist You in the transition to the new version, after
which time You no longer have a license to use the
previous version.
6. Limited Warranty. CDSM warrants to You that the
Software will perform substantially in accordance with
the Documentation for the ninety (90) day period
following Your receipt of the Software. To make a
warranty claim, You must return the Software to the
location where You obtained it along with a copy of Your
sales receipt within such ninety (90) day period. If the
Software does not perform substantially in accordance
with the Documentation, the entire and exclusive
liability and remedy shall be limited to either, at
CDSM's option, the replacement of the Software or the
refund of the license fee You paid for the Software. CDSM
has no obligation to provide maintenance or support for
the Software. CDSM AND ITS SUPPLIERS DO NOT AND CANNOT
WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY
USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES
THE SOLE AND EXCLUSIVE REMEDIES FOR CDSM'S OR ITS
SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING
LIMITED WARRANTY, CDSM AND ITS SUPPLIERS HEREBY DISCLAIM
ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND
WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS,
SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR
PURPOSE. CDSM DOES NOT WARRANT THAT THE OPERATION OF THE
SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE OR THAT IT
WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER
PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY PARTICULAR
HARDWARE. Some states or jurisdictions do not allow the
disclaimer or exclusion of implied warranties or
limitations on how long an implied warranty may last, so
the above limitations may not apply to You. To the extent
permissible, any implied warranties are limited to ninety
(90) days. This warranty gives You specific legal
rights. You may have other rights which vary from state
to state or jurisdiction to jurisdiction. For further
warranty information, please contact CDSM's Customer
Support Department.
7. Limitation of Liability. TO THE EXTENT NOT
PROHIBITED BY APPLICABLE LAW, CDSM'S AGGREGATE LIABILITY
TO YOU OR TO ANY THIRD PARTY FOR CLAIMS RELATING TO THIS
AGREEMENT OR THE SOFTWARE, WHETHER FOR BREACH OR IN TORT,
WILL BE LIMITED TO THE GREATER OF: (1) THE FEES PAID BY
YOU FOR SOFTWARE WHICH IS THE SUBJECT MATTER OF THE
CLAIMS OR (2) ONE HUNDRED DOLLARS ($100). IN NO EVENT
WILL CDSM BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGE IN CONNECTION WITH OR
ARISING OUT OF THIS AGREEMENT (INCLUDING LOSS OF
BUSINESS, REVENUE, PROFITS, SAVINGS, USE, DATA OR OTHER
ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER FOR
BREACH OR IN TORT, EVEN IF CDSM HAS BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. LIABILITY FOR
DAMAGES WILL BE LIMITED AND EXCLUDED, EVEN IF ANY
EXCLUSIVE REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF
ITS ESSENTIAL PURPOSE. SOME STATES OR JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
8. Governing Law and General Provisions. This Agreement
will be governed by the laws in force in the State of
Delaware (including, without limitation, the United
States copyright and trademark laws) excluding the
application of its conflicts of law rules. This Agreement
will not be governed by the United Nations Convention on
Contracts for the International Sale of Goods, the
application of which is expressly excluded. If any part
of this Agreement is found void and unenforceable, it
will not affect the validity of the balance of the
Agreement, which shall remain valid and enforceable
according to its terms..
9. Term, Termination and Survival:
(A)You may terminate this Agreement at any time
by destroying all copies of the Software.
(B)This Agreement will immediately terminate
without notice if You fail to comply with any
obligation of this Agreement.
(C)Upon termination, You must immediately cease
use of and destroy the Software or, upon request from
CDSM, return the Software to CDSM.
(D)The provisions set forth in sections 2, and 4
through 9 will survive termination or expiration of
this Agreement.
10. U.S. Government Restricted Rights: The
Software provided hereunder is a commercial item,
as that term is defined in 48 C.F.R. 2.101,
consisting of commercial computer software and
commercial computer software documentation, as
such terms are used in 48 C.F.R. 12.212.
Consistent with 48 C.F.R. 12.212 and 48 C.F.R.
227.7202-1 through 227.7202-4, the Software made
available to the United States of America, its
agencies and/or instrumentalities, is provided with
only those rights set forth in this Agreement.
Use, duplication or disclosure of the Software by
the government is subject to the restrictions as
set forth in subparagraph (c)(1) and (2) of the
Commercial Computer Software-Restricted Rights
clause at 48 C.F.R. 52.227-19, as amended, or any
successor regulations thereto.
11. Entire Agreement: This Agreement is the
parties' entire agreement relating to the Software.
It supersedes all prior or contemporaneous oral or
written communications, proposals, warranties, and
representations with respect to its subject matter,
and following Your acceptance of this license by
clicking on the "Accept" Button, will prevail over
any conflicting or additional terms of any
subsequent quote, order, acknowledgment, or any
other communications by or between the parties with
respect to its subject matter. No modification to
this Agreement will be binding, unless in writing
and signed by an authorized representative of each
party.
2000. CD Sheet Music, LLC. Sole selling agent: Theodore
Presser Company, Bryn Mawr, PA 19010. All rights reserved
under the copyright laws of the United States and all
applicable international treaties. CD Sheet Music is a
trademark of CD Sheet Music, LLC. Macintosh is a
trademark of Apple Computer, Inc. registered in the U.S.
and other countries. Windows is a registered trademark
of Microsoft Corporation.
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