TERMS AND CONDITIONS OF USE
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND DANNY HOLLEY STUDIOS (HEREINAFTER REFERRED TO AS "LICENSOR"). BY BREAKING THE CD-ROM SEAL, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, PROMPTLY RETURN THE CD-ROM AND ALL ACCOMPANYING MATERIALS IN THE ORIGINAL CARTON FOR A FULL REFUND.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A CLIENT OR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR CLIENT OR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR CLIENT OR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR CLIENT OR EMPLOYER, YOUR CLIENT OR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT.
GRANT OF LICENSE
Licensor grants to you and your client or employer, if you are licensing on behalf of a client or employer, a nonexclusive, non-sublicensable right to use any recorded music obtained from Licensor. The music may be shared by creating a disc library, Digital Media storage jukebox, network configuration or similar arrangement as long as no more than 10 specific individuals (including you) employed by the same entity have access to the music. (Please note that this is not a simultaneous user license. More than 10 specific people may not access the music even if only 10 people are accessing such music at any particular time.)
The music may be used on a worldwide and perpetual basis as a part of:
(i) ADVERTISING and PROMOTIONAL MATERIALS (including packaging); (ii) ONLINE or other ELECTRONIC DISTRIBUTION SYSTEMS (including in web page design), and BROADCASTS or THEATRICAL EXHIBITIONS; (iii) ANY PRODUCTS (including for sale products) or PUBLICATIONS (electronic or print); and (iv) materials for PERSONAL, NONCOMMERCIAL use and TEST or SAMPLE use, including COMPS and LAYOUTS.
You may not utilize the music in any manner that is not expressly permitted in this license agreement. All rights not specifically granted above are retained by Licensor.
Except as specifically provided in this agreement: 1) no music may be shared or copied; and 2) you may not create a network of servers, either with or without a central location, which enables others to share the music. Use of the music, or any part thereof, as a trademark or service mark is not permitted. Pornographic use, use which would be defamatory or libelous absent the consent of the composer or use which is otherwise unlawful is prohibited. If any of the music is used in a manner that implies endorsement, use of, or a connection to a product or service by the composer, or a potentially unflattering or controversial subject, you must print a statement which indicates that no such endorsement has been given.
No music may be sublicensed, resold or otherwise made available for use or distribution separately or detached from a product or web page. For example, the music may be used as an integral part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by website users. Similarly, clients may be provided with copies of the music (including digital files) as an integral part of work product, but may not be provided with the CD-ROM or permitted to use the CD-ROM separately. One copy of the CD-ROM may be made for backup purposes only but may only be used if the original CD-ROM becomes defective, destroyed or otherwise irretrievably lost.
If you would like to share the music with greater than 10 specific people (including you), please contact Licensor by email, regular mail or by phone (see below).
You may not include the music in any electronic template or application, including those that are web-based, where the purpose is to create multiple impressions of an electronic or printed product, including, but not limited to, website designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter.
WARRANTY
Licensor warrants the CD-ROM to be free from defects in material and workmanship for 90 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the disc or refund of the purchase price, at Licensor's option. LICENSOR MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not permit the exclusion of implied warranties, and you may have other rights which may vary from state to state. LICENSOR SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES ARISING OUT OF THIS LICENSE OR OTHERWISE.
GENERAL
You may not decompile, reverse engineer, disassemble, or otherwise reduce to human-readable form any music contained on this disc. All rights to the music are owned by Licensor and are protected by United States copyright laws, international treaty provisions and other applicable laws. The music is licensed only to you or your client or employer, if you are licensing on behalf of your client or employer. The license contained in this agreement will terminate automatically without notice from Licensor if you or your client or your employer fail to comply with any provision of this agreement. Upon termination, you and your client or employer must immediately (i) stop using the music, (ii) return the music and all copies of it to Licensor, and (iii) delete the music and all copies from all magnetic media and destroy all other copies, or upon request of Licensor, return all such copies to Licensor. Use of the music must be in compliance with all applicable law, including, but not limited to, laws and regulations relating to currency and the law of moral rights. Licensor reserves the right to discontinue the use of any digital media for any reason and elect to replace the digital media with an alternate digital media. Upon notice of any discontinuance of a license for a particular digital media, you, your employer and your client, if applicable, agree not to use such digital media in the future. This agreement will be governed in all respects by the laws of the State of Michigan, U.S.A., without reference to its laws relating to conflicts of law. Venue for all disputes arising under this agreement shall lie exclusively in the Superior Courts of the State of Michigan in Oakland County or the Federal District Courts of the Southeastern District of Michigan (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts.
Notwithstanding the foregoing, Licensor shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S.A. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Licensor, such action is necessary or desirable. The CD-ROM containing the music is "Restricted Computer Software" and when provided to, for or used on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, and disclosure by the U.S. Government is subject to restrictions as set forth under the United States copyright laws, this agreement and as provided in DFARS 227.7202-1(a), and 227.7202-3(a) (1995), DFARS 252.227.7013(c), FAR 12.212(a) (1995), or FAR 52.227-19(a)-(d), as applicable.
Danny Holley Studios
18 Cypress Meadow Loop
Slidell, LA 70460-5214
(985) 643-6475
dhinfo@dannyholley.com
