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1.
LICENCE
1.1
When you "click" the "Buy" button Sound of the Web Limited (the "Licensor")
grants you (the "Licensee") a non-exclusive, non-transferable Licence
to use the musical and sound sample(s), (the sound and musical samples
shall be referred to as "the Sample(s)"). The Licence permits you to use
the Sample(s) , in the production of Television, Film, Radio and Web/Interactive
Production.
1.2
All rights not specifically granted are hereby reserved to the Licensor.
2.
UNDERTAKINGS
Upon accepting this Licence you undertake:
2.1
to contact
Soundoftheweb if the materials are used within any production other
than Web/Interactive Production;
2.2
not to copy the Sample(s) (other than within your production) nor (subject
to applicable law rights) to disassemble, decompile or reverse engineer
the Samples;
2.3
not to lease, mortgage, charge, rent, loan, redistribute (in a competitive
product), sub-lease or sub-licence the Sample(s);
2.4
to supervise and control use of the Sample(s) in accordance with the terms
of this Licence;
2.5
not to display the Sample(s) on a public bulletin board, file transfer
protocol site, world-wide web site, chat room or by any other unauthorised
means;
2.6
not to use the Sample(s) for immoral, illegal or for any other purpose
which may be determined threatening, abusive or harmful including but
not limited to the creation or transmission of any virus, worms, trojan
horse, cancelbot or any other destructive or contaminating program; and
3.
LIABILITY AND DISCLAIMERS
3.1 The Licensee acknowledges that it uses the Sample(s) at its own
risk. Accordingly, the Sample(s) is provided "as is" without any warranty
of any kind either express or implied including but not limited to the
implied warranties of merchantability, fitness for a particular purpose,
title and non-infringement. The Licensor does not warrant that use of
the Sample(s) will be uninterrupted or that the Sample(s) will be error-free.
3.2
The Licensor shall not be liable to the Licensee or to any other party
for any loss or damage whatsoever or howsoever caused arising directly
or indirectly in connection with this Licence or the Sample(s), including
its use or any inability to use the same or otherwise, except to the extent
that such liability may not be lawfully excluded under the applicable
law.
3.3
Notwithstanding the generality of clause
3.2
above, the Licensor expressly excludes liability for indirect, special,
incidental or consequential loss or damage (except personal injury or
death resulting form the licensor's negligence) including, without limitation
loss of data, loss of business and profits, which may arise in respect
of the Sample(s) howsoever caused even if advised of the possibility of
such damages.
4.
INTELLECTUAL PROPERTY
All copyright, trademarks and other intellectual property rights subsisting
in or used in connection with the Sample(s) (including but not limited
to all images, animations, and other identifiable material relating to
the Sample(s)) are and remain the sole property of the Licensor.
5.
TERMINATION
You may terminate this Licence at any time by destroying the Sample(s),
documentation and all copies. The Licensor may terminate this Licence
at any time if you are found in breach of any of these terms.
6.
PERSONAL DATA
The Licensor will use your personal data for the purposes of processing
your order and to let you know from time to time about the Licensor's
products, services and offers which may be of interest to you. The Licensor
may also share your personal data with trusted third parties whose products
or services the Licensor thinks may be of interest to you. If you would
prefer not to receive such information, please check the appropriate box
on the order page.
7.
LAW AND JURISDICTION
The parties hereby agree that this Licence constitutes the entire agreement
of the parties in relation to use of the Sample(s) and shall be construed
in accordance with the English Law. The English Courts will have exclusive
jurisdiction over any disputes arising from this Licence or your use of
the Sample(s).
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