END USER LICENSE AGREEMENT
This is a Legal Agreement between you, the end user, and midi-piano.com. BY RECEIVING MATERIAL FROM THIS WEB SITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. For the purposes of this agreement the term ‘The Files’ refers to MIDI Files, MP3 BackingTracks, Demo Files, Ring Tones and True Tones and any other data or file based product -produced and distributed through midi-piano.com.
1: THE PRODUCT – The buyer understands he/she is purchasing ‘Backing Tracks’. The buyer is not purchasing the ‘original recording’. Midi-piano.com ‘backing tracks’ are available in [i]MIDI File format, a format that requires a dedicated sound module and [ii] MP3 audio format, a format that can be played on most computers, Ipod and like devices and can be transferred to a CD to play on a standard CD player, and [iii] MP3 Ring tones, a format that can be transferred to a cell/mobile phone device, providing the device is capable of loading an MP3file through its software and via a cable connected to the computer.
2. GRANT OF LICENSE – This License Agreement (“License”) permits you to use one copy of the ‘The Files’ acquired with this License on any single computer, keyboard, Material player or any other type of equipment that can utilise ‘The Files’ that has been downloaded. 3. COPYRIGHT – This License is not an assignment of any rights of the copyright in the work. All copyrights and title associated with ‘The Files’ and its associated documentation (i.e. -lyric files, either as printed matter or in ASCII format) remains the sole property of the associated programmer and/or transcriber. International copyright law protects all Materials available from the web site. You may make one copy of ‘The Files’ solely for backup or archival purposes.
3. USAGE -‘The Files’ can be used and adapted for your personal use. This includes the rights for you to use ‘The Files’ as backing material for live performances. Note – If you intend selling CD’s, tapes or other media using ‘The Files’ at venues an additional mechanical license will be required, along with the original copyright holder or from their official representatives. You may record ‘The Files’ without live vocal parts onto a transferable media for rehearsals and live performances.
4. RESTRICTIONS(i) You may not swap, give away, loan, rent, lease, transfer (including any type of electronic transmission), dispose of or allow the data to be distributed in any manner which could morally or financially damage midi-piano.com.(ii) You may not make commercial audio backing tracks or other types of media derived from the MIDI File, including but not limited to: Ring Tones, Karaoke type products made in whole or part from ‘The Files’.(iii) You may not use a sound recording of ‘The Files’ to be used in whole or part on any visual presentation medium which includes film and/or video tape.(iv) You may not reverse engineer, decompile or disassemble ‘The Files’.
5. TRANSFER -You may not rent or lease ‘The Files’ but you may transfer your rights under this Agreement on a permanent basis provided you transfer all copies of ‘The Files’ and associated data along with all written or computer matter, and the recipient agrees to the terms of this Agreement. Any transfer must include all versions of ‘The Files’, which includes any and all adaptations and modified versions made from the original Material.
LIMITED WARRANTY
Midi-Piano.com warrants that (a) ‘The Files’ will load into any device which correctly imports a General MIDI file, as defined in the General MIDI specification from the MIDI Manufacturers Association; and (b) Any diskette, sent via terrestrial mail or by electronic transfer such as downloading from a website, FTP or e-mail will be free from defects in materials and workmanship under normal use and service for a period of thirty days from the date of receipt. NO OTHER WARRANTIES – TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW, MIDI-PIANO.COM DISCLAIMS ALL OTHER WARRANTIES, EITHEREXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIEDWARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE, WITHRESPECT TO THE SOFTWARE. NO LIABILITY FOR CONSEQUENTIAL DAMAGES -TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MIDI-PIANO.COM SHALLNOT BE LIABLE FOR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OFTHE USE OF OR INABILITY TO USE THIS PRODUCT. MIDI-PIANO.COM’S ENTIRELIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.