Music Challenge distribution permissions and end-user license agreement
End User License Agreement ("EULA")
This EULA is a legal agreement between you (either an individual or a single entity) and Ohana Games, Inc. ("the Company") for this software product and may include associated media, data and services, printed materials, updates, and on-line or electronic documentation (collectively the "Software").
By installing, copying or using the Software you agree to be bound by this EULA. If you do not agree to the terms of this EULA, do not install, activate, or use this Software.
The Software is protected by copyright and other intellectual property laws.
The Company and/or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed to you (an individual or an organization) for use subject to the terms and conditions in this EULA.
The Software is protected by the copyright laws of the United States and other countries, and by international copyright treaties.
The Software is licensed to you (an individual or an organization) for use subject to the terms and conditions in this EULA. The rights given to you under this license are non-exclusive and non-transferable. The Licensed Software is licensed not sold.
Grant of License
(a) Evaluation Software - Subject to the terms of this EULA, you may use the Software for private and non-commercial purposes without charge on an evaluation basis for thirty (30) days from the day that you install the Software. You must pay the license fee and register your copy to continue to use the Software after the thirty (30) days. If you continue to use the Software after the thirty (30) days without paying the license fee you will be using the Software on an unlicensed basis. For more information about payment fee and methods, please visit Ohana Games website, http://www.ohanagames.com.
(b) Redistribution of Evaluation Software. If you are using the Software on an evaluation basis you may make copies of the Evaluation Software as you wish; give exact copies of the original Evaluation Software to anyone; and distribute the Evaluation Software in its unmodified form via electronic means (Internet, BBS`s, Shareware distribution libraries, CD-ROMs, etc.).You may not charge any fee for the copy or use of the Evaluation Software itself, but you may charge a distribution fee that is reasonably related to any cost you incur distributing the Evaluation Software (e.g. packaging).You must not represent in any way that you are selling the Software itself. Your distribution of the Evaluation Software will not entitle you to any compensation from Ohana Games, Inc. You must distribute a copy of this EULA with any copy of the Software and anyone to whom you distribute the Software is subject to this EULA.
2. Single-User License - The Single User License entitles a single user to install and use on a single or multiple computers used by one individual at a time. The Software is provided to be used for unlimited period of time. The Software may only be used in accordance to their intended usage.
3. Multiple-User License - The Multiple User License entitles an organization to make the Software available to the number of users stipulated in the Agreement. The license holder may use the Software up to the Multiple User License limit. The number of users must not exceed the Multiple User License limit. Price discounts for volume. The Software is provided to be used for unlimited period of time. The Software may only be used in accordance to their intended usage. This license does not include any rights to hard-copy documentation, technical support, telephone assistance, service, or any enhancements or updates to the Software other than those the Company or its partners may determine to provide in their sole and absolute discretion.Except for the express license set forth above, the Company or its partners grant you no other rights of any kind, whether by statute, implication or otherwise.
You understand that all information, audio, video, musical compositions, multimedia presentations, images, artwork, data, text, software, sound, photographs, graphics, messages or other materials (collectively, "Content") provided in connection with the Software are the sole responsibility of the entity from which such Content originated and not Ohana Games. You understand that by using the Service and accessing the Content, you may be exposed to Content that you may find objectionable; it is your responsibility to determine which Content meets your standards. You agree that you will only use the Content in a manner that complies with all applicable laws, including, but not limited to those concerning copyright and other intellectual property rights. Except as specifically authorized herein, you may not: (i) permit other individuals to use the Content; (ii) modify, translate, distribute or create derivative works of the Content; (iii) copy or redistribute the Content; (iv) rent, lease, transfer, or otherwise transfer rights to the Content; (v) remove any proprietary notices or labels on the Content; and (vi) add to, alter, delete from, or otherwise modify the Content. You may only use the Content for your private, non- commercial use, and you may not use the Content in any way to provide, or as part of, any commercial service or application. You may not, under any circumstances, distribute Content to third parties, or broadcast or perform the Content outside your normal circle of family and social acquaintances. You may not attempt to, in connection with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in, a Content file.
You may not reverse engineer, de-compile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the Software. You may not publish or publicly distribute any serial numbers, access codes, unlock-codes, passwords, or other end-user-specific registration information that would allow a third party to activate the Software without a valid license.
You may make backup and archival copies of the Software, provided your backup and archival copies are not installed or used by users who have not licensed to use the Software. It is further provided that all such copies shall bear the original and unmodified copyright, patent and other intellectual property markings that appear on or in the Software. You may not transfer the rights to a backup or archival copy.
1. You must not distribute any software you develop that incorporates the Software. 2. Except for unmodified copies of the Evaluation Software which may be distributed in its entirety, you must not distribute any files found in this software. 3. You must not rent or lease the Software.
Support is available via email to registered users.
Ohana Games, Inc. from time to time, may revise or update the Software product. Single-User and Multiple-User licensed users are entitled to free minor upgrades up until the next major release. Ohana Games, Inc. has no obligation to furnish such revisions or updates.
Disclaimer of Warranties THE SERVICES AND CONTENT ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Ohana Games DISCLAIMS ANY AND ALL WARRANTIES OF THE SOFTWARE, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS EULA OR COMMUNICATION WITH YOU, WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICES AND CONTENT REMAINS WITH YOU.
LIMITATION OF LIABILITY IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY`S LIABILITY UNDER THIS EULA WILL NOT, IN ANY EVENT, EXCEED THE LICENSE FEES, IF ANY, PAID BY YOU TO THE COMPANY FOR THE LICENSED SOFTWARE LICENSED BY YOU UNDER THIS EULA.
This agreement is effective until terminated. This agreement can be terminated without prior notice from Ohana Games, Inc. if you fail to comply with any part of this agreement. Upon termination you will remove any key, uninstall the software and destroy any written materials and any copies of the software, regardless of any modifications made to the written materials or software.
A party must not disclose the other party`s confidential information without the prior written approval of the other party. Registration information is private and should not be disclosed to anyone Intellectual Property Rights You acknowledges that the any Intellectual Property Rights are and shall remain the property of the Company. Nothing in this Agreement shall operate as an assignment of any Intellectual Property Right.
Data and information provided by the Software are intended for use only with properly licensed media, content, and content creation tools. It is your responsibility to ascertain whether any copyright, patent or other licenses are necessary and to obtain any such licenses to serve and/or create, compress or download such media and content. You agree to record, play back and download only those materials for which you have the necessary patent, copyright and other permissions, licenses, and/or clearances. You agree to hold harmless, indemnify and defend Ohana Games, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys` fees and costs) arising out of or relating to any claims that you have (i) viewed, downloaded, encoded, compressed, copied or transmitted any materials (other than materials provided by Ohana Games) in connection with the Software in violation of another party`s rights or in violation of any law, or (ii) violated any terms of this Agreement. If you are importing the Software from the United States, you shall indemnify and hold Ohana Games harmless from and against any import and export duties or other claims arising from such importation.
You and Ohana Games agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, this Agreement, or your use of any Content or services associated with the Software, shall be final and binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and AAA`s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"). The arbitration shall take place in Lihue, Kauai. To the fullest extent permitted by law: no arbitration under this Agreement shall be joined to any other arbitration, including any arbitration involving any other current or former licensee of Ohana Games; no class arbitration proceedings shall be permitted; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and Ohana Games); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and Ohana Games). Your arbitration fees and your share of arbitrator compensation will be limited to those set forth in the AAA`s Consumer Rules with the remainder paid by Ohana Games. If such costs are determined to be excessive, Ohana Games will pay all arbitration fees and arbitrator compensation. You and Ohana Games may litigate in court only to compel arbitration under this Agreement, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrator(s). You and Ohana Games hereby consent to the exclusive jurisdiction of the state and federal courts located in Lihue, Kauai to enforce the provisions of this Section 11 and to resolve any disputes and claims cognizable in court relating in any way, or arising out of, this Agreement. The court, not the arbitrator, shall determine arbitrability and enforce the arbitration agreements contained herein, including the prohibition on consolidated arbitrations and class arbitration. This Agreement and all disputes and claims relating in any way to, or arising out of, this Agreement shall be governed by the laws of the State of Hawaii, without reference to its conflicts of laws principles, and the Federal Arbitration Act.
This EULA is the entire agreement between us and supersedes the terms of any purchase orders and any other communications or advertising with respect to the Software. If any provision of this EULA is held invalid, the remainder of this EULA shall continue in full force and effect.
This Agreement will automatically terminate if you fail to comply with any term. No notice shall be required from Ohana Games to effect such termination. Upon any termination of this Agreement (whether by you or Ohana Games), you shall immediately discontinue use of the software and any associated services.
The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, Ohana Games AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. YOU AGREE THAT Ohana Games AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE SOFTWARE IN SUCH APPLICATIONS. The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein.
You may not assign or otherwise transfer this Agreement or any rights or obligations herein, by operation of law or otherwise. Ohana Games may assign this Agreement at any time upon written notice to you. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. The relationship between Ohana Games and you is that of independent contractors and you shall not have any authority to bind Ohana Games in any way.
This Agreement constitutes the complete and exclusive agreement between us, notwithstanding any other documentation or instruments provided by you. The terms and conditions contained in this Agreement may not be modified by you except in a writing duly signed by you and an authorized representative of Ohana Games. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
The laws of the United States of America and the State of Hawaii protect and govern this agreement. The Software and all rights, title and intellectual property remain with Ohana Games, Inc. Ohana Games, Inc. reserves all rights not expressly