All rights reserved Mach 1 Audio License for Mach 1 Audio's Royalty Free music CD's IMPORTANT - READ CAREFULLY: This License Agreement for the Mach 1 Audio's Royalty Free music CD's ("License Agreement") is a legal agreement between you (either an individual or an entity) and Mach 1 Audio and its suppliers and licensers. By purchasing the CD or Tape, you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, Return the product in a saleable fashion.
1. GRANT OF LICENSE: Mach 1 Audio and it's suppliers and licensers hereby grants you a non-exclusive license to use the CD or Tape subject to the following terms: a) You may: (i) use the CD or Tape to create a new product; (ii) use the CD or Tape in full or part as bumper, background or as ambient music in a new product; and (iii) copy the CD or Tape for back-up, archival purposes provided any copy must contain all of the original CD or Tape's proprietary notices. b) You may not: (i) permit other individuals to use the CD or Tape except under the terms listed above; (ii) copy the CD or Tape or Documentation (except for back-up purposes); (iii) resell, rent, lease, transfer, or otherwise transfer rights to the CD or Tape or Documentation; or (iv) remove any proprietary notices or labels on the CD or Tape or Documentation.
2. CD OR TAPE: If you receive the first copy of the CD or Tape electronically and a second copy on media the second copy may be used for archival purposes only and may not be transferred to or used by any other person. This license does not grant you any right to any enhancements or updates to the CD or Tape, nor any support services.
3. TITLE: Title, ownership, rights, and intellectual property rights in and to the CD or Tape and Documentation shall remain in Mach 1 Audio and/or its suppliers. The copyright laws of the United States and international copyright treaties protect the CD and Tape. Title, ownership rights and intellectual property rights in and to the content accessed through the CD or Tape including the content contained in the CD or Tape media demonstration files shall be retained by the applicable content owner and may be protected by applicable copyright or other law. This license gives you no rights to such content.
4). TERMINATION: This License Agreement shall terminate automatically if you fail to comply with the limitations described in this license. No notice shall be required from Mach 1 audio to effectuate such termination. Upon termination, you must destroy all copies of the CD or Tape and Documentation.
5. INDEMNIFICATION. You agree to hold harmless, indemnify and defend MACH 1 AUDIO, 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 copied any materials (other than materials provided by Mach 1 Audio) in connection with the CD or Tape in violation of another party's rights or in violation of any law. If you are importing the CD or Tape from the United States, you shall indemnify and hold Mach 1 Audio harmless from and against any import and export duties or other claims arising from such importation.
6. MISCELLANEOUS. This License Agreement shall constitute the complete and exclusive agreement between us. Mach 1 Audio will not modify the terms and conditions contained in this License Agreement unless both you and an authorized representative of Mach 1 Audio execute a separate written instrument. If any provision of this License 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 here of under all circumstances. This License Agreement shall be governed by the laws of the State of Michigan, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Michigan. Any and all unresolved disputes arising under this License Agreement shall be submitted to arbitration in the State of Michigan. The arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. This License Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
7. All new product created using this CD or Tape must include the following on the package: Royalty Free Music © 1999-2007 Mach 1 Audio www.mach1audio.com no smaller than 7-point font.