IMPORTANT-READ CAREFULLY: This killersound End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity), "the Licensee", and killersound, Inc., "the Licensor", for the killersound audio material that may include associated software components, media, printed materials, and "online" or electronic documentation ("AUDIO"). By installing, copying, or otherwise using the AUDIO, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the AUDIO.
The AUDIO are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and teaties. The AUDIO are licensed, not sold.
1. GRANT OF LICENSE. The AUDIO are licensed as follows:
Installation and Use. Licensor grants the Licensee the right to install and use copies of the AUDIO on Licensee's computers running validly licensed copies of Mac OS or Windows compatible software. All Audio are to be used only in non-commercial multimedia projects ("the Project") and solely as part of the project. This license shall not include the right to use the Audio independently of the Project. The rights granted herein shall not confer in Licensee any rights of ownership in the Audio, including, without limitation, the copyright thereto, sale, modification, lending, rental, transfer or redistribution of the Audio. You must not remove or alter any copyright notices on all copies of the AUDIO. All Audio are protected by copyright and other intellectual property laws, and all intellectual property rights in the Audio belong to the Licensor. Failure to comply with the terms and conditions set forth in this Section I shall result in the violation of killersound, Inc.'s worldwide rights.
This license is valid for non-commercial projects only. If you wish to use the AUDIO in a commercial project, please contact killersound to obtain a commercial license. By definition, a commercial project means that the Licensee or any party involved in the production and/or display of the AUDIO will profit financially from the use of the AUDIO.
If the user wishes to give credit for use of the AUDIO, killersound requests that it be given credit in substantially the following form:
Music provided by www.KILLERSOUND.com
If the Project is featured online, Licensee is requested to maintain a live link to the www.killersound.com website when displaying the credit.
2. TERMINATION. Without prejudice to any other rights, killersound may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies and any use of the AUDIO.
3. COPYRIGHT. All title, including but not limited to copyrights, in and to the AUDIO and any copies thereof are owned by killersound or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the AUDIO is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by killersound.
4. NO WARRANTIES. To the maximum extent permitted by applicable law, killersound and its suppliers provide the AUDIO and any (if any) Support Services related to the AUDIO AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either expressed, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the AUDIO, and the provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE AUDIO. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE AUDIO, IF ANY, REMAINS WITH YOU.
5. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KILLERSOUND OR ITS SUPPLIERS OR ITS DISTRIBUTORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE AUDIO, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF KILLERSOUND OR ANY SUPPLIER, AND EVEN IF KILLERSOUND OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
