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| End User License Terms: BY PURCHASING (and/or DOWNLOADING) AND USING THIS SONG AND/OR TRACK/LOOP/MUSIC/BUNDLE/PRODUCT, YOU HAVE ACCEPTED THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE THIS SONG AND/OR TRACK/LOOP/MUSIC/BUNDLE/PRODUCT. Terms: The licensee is the person/company buying this song/music/loop content, bundle, pack. From now on referred to as licensee. The licensor is Audiobakery.com, from now on referred to as licensor. The licensor (Audiobakery.com) grants the "license" permission to licensee. This is a license, not a transfer of copyright's title and it is not a transfer of title's ownership. The song/music/track/loop is the product this license is for. The licensor of the song/music/loop, (Audiobakery.com), grants you use of this song/music/loop for any commercial or non-commercial use except as described within the licensing terms (above and below). Ownership: This song/music/loop/track/bundle/product is proprietary material of the licensor, Audiobakery.com. Allowed usage: Audiobakery.com provides you with a Product (song/music/loop/track/bundle) and grants you a non-exclusive license to use the Product in accordance with the terms of this License. The copyright and all other rights to the Product shall remain with Audiobakery.com and / or its licensors. Audiobakery.com is granting you the license to use song/music/loop/track/bundle for any commercial purpose such as in Film production, TV and Radio Advertising* (see more details) project, with no time limitation and no territory limitation (except as described in the licensing terms, example: use in Advertising). Examples of other commercial and non-commercial use: Reuse it for websites, ringtones, business presentations, software, restaurants, power point, flash, slide show, trade shows & retail spaces, video games,on hold music, elevator, music emails, wedding video recordings, and use as background music and over the credits music in broadcasting TV/Radio, online, school, podcasts. Please credit the artist when using in Film or Broadcasting (other then Advertising unless it is classified as Infomercials). Use in Film / Motion Picture / Theatrical / Trailer productions (with film production budget under $200,000.00US) is covered by "E (easy) License" (Level I. License). Also student film and the student film festivals, films with budget under $200,000.00 are covered by "E (easy) License" (Level I. License). When the product (song/music/loop content, bundle, pack) is used for a non-student Film, or a Film with the production budget over $200,000.00, please purchase the Level III. License at $199.99US. If used for TV and/or Radio Ad, the "E (easy) License" (Level I. License) covers use in your local region for Advertising purposes (1 state). For wider use purchase the Level II. License at $29.99US, Level II. License covers all time zones in USA (plus the World), and if you reside elsewhere, Level II. License covers your country (plus the World) at $29.99US. Usage not allowed: The licensee has no permission to re-sell, mass produce or duplicate the whole song/music/loop/track/bundle or parts of it as standalone product. The licensee has no permission to create derivative works based on the song/music/loop/track/bundle. The licensee has no permission to remove any copyright on the song/music/loop/track/bundle. The licensee has no permission to rent the song/music/loop/track/bundle. If wanted, please contact Audiobakery.com for additional permission. The licensee has no permission to transfer its license to any other person or company. This needs a written approval by the licensor! The licensee has no permission to physically or digitally reproduce the song/music/loop/track/bundle as a part of the soundtrack collection. This would require additional (Retail) permission / license by the licensor. Copyrights: All materials contained on or downloaded from the Audiobakery.com website are protected by copyright, pursuant to U.S. Copyright laws, international conventions, and other copyright laws. Indemnification: You hereby agree to indemnify, defend and hold Audiobakery.com, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Terms of Use or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. Limitations on Liability: Under no circumstances will Audiobakery.com or its suppliers be liable to you or any other person or second or third entity for any damages, claims or costs whatsoever including without limitation indirect, special, incidental or consequential damages (including without limitations damages for loss of business, loss of profits, business interruption, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Audiobakery.com liability to you or any person exceed, in aggregate, $0.00 US or $4.95 US or $29.99 US or $199.99 US respectively. Termination of this license: The licensor may terminate this license at any time if the licensee is in breach of the terms and conditions of use. Upon such termination the licensee must and agree to immediately destroy all copies of this song/music/loop and all of its accompanying documentation. Miscellaneous: These Terms of Use will be governed by and construed in accordance with the laws of State of Pennsylvania, without regard to or application of choice of law rules or principles. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be exclusively resolved before the competent court in the State of Pennsylvania, United States of America. October 2007, Audiobakery.com |
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