This End User License Agreement (the “Agreement”) is a binding agreement between you (“End User”, “you” or “your”) and music tribe innovation dk/as (“Company”, “we”, “us”) “, “we” or “our”). This Agreement governs the relationship between you and us, and your use of Company Software. Throughout this Agreement, End User and Company may be referred to as the “Party” or collectively, the “Parties”.
if you are using the software on behalf of your employer or another entity (an “organization”) for whose benefit you use the software or which owns or controls the means by which you use or access the software, then the terms “end user “, “you” and “your” shall collectively apply to you as an individual and to the organization. if you use or purchase a license for or on behalf of an organization, you hereby represent, warrant and agree that you have the authority to 1) purchase a license on behalf of the organization; 2) bind the organization to the terms of this agreement.
Reading: Behringer headphone monitor
by downloading, installing, accessing or using, you: (a) affirm that you have all necessary permissions and authorizations to access and use; (b) if you are using the Software pursuant to a license acquired by an organization, that you are authorized by that organization to access and use; (c) acknowledge that you have read and understand this agreement; (d) represent that you are of sound mind and of legal age (18 years of age or older) to enter into a binding agreement; and (e) accept and agree to be legally bound by the terms and conditions of this agreement.
If you do not agree to these terms, do not download, install, access or use the software. if you have already downloaded the software, remove it from your computing device.
the software is licensed, not sold, by music tribe for use strictly in accordance with the terms of this agreement.
Subject to the terms of this agreement and, if applicable, the terms provided in the license agreement, music tribe grants you a limited, non-exclusive, perpetual, revocable, non-transferable license to download, install and use the software. to which you own or control.
you agree not to and will not allow others to:
- license, sell, rent, lease, assign, distribute, transmit, host, subcontract, disclose or commercially exploit the software or make the software available to others
- modify, make derivative works to disassemble, decipher, reverse compile or reverse engineer any part of the software
- remove, alter or obscure any proprietary notices (including any copyright or trademark notices) of music tribe or its affiliates , partners, suppliers or licensors of the software
all intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, names trademarks, logos, corporate names, and domain names, together with all goodwill associated therewith, derivative works, and all other rights (collectively, “intellectual property rights”) that are part of the Software that is otherwise would otherwise be the property of music tribe will always remain the exclusive property of music tribe (or its suppliers or licensors, where applicable). nothing in this agreement grants you (or any organization) a license to music tribe’s intellectual property rights.
You agree that this Agreement grants a limited license to use Music Tribe’s Intellectual Property Rights, solely as part of (and not independently of) the Software, and only for the effective term of the license granted to you hereunder. of the present Accordingly, your use of any of Music Tribe’s Intellectual Property Rights, independent of the Software or outside the scope of this Agreement, will be considered an infringement of Music Tribe’s Intellectual Property Rights. this will not limit; however, any claim Music Tribe may have for a breach of contract if you breach any term or condition of this agreement. You must use the highest level of care to protect all Software (including all copies thereof) from infringement, misappropriation, theft, misuse or unauthorized access. Except as expressly granted in this Agreement, Music Tribe reserves and shall retain all right, title, and interest in and to the Software, including all copyrights and copyrighted subject matter, trademarks, and trademarked subject matter. registered, patents and patentable subject matter, trade secrets and other intellectual property rights, registered, unregistered, granted, requested, or both currently existing and that may be created, related to them.
You (or the organization, if applicable) will retain ownership of all intellectual property rights in the work products you create using or with the aid of the software.
Any feedback, comments, ideas, improvements, or suggestions (collectively, “suggestions”) provided by you to music tribe regarding the software shall remain the sole and exclusive property of music tribe.
music tribe will be free to use, copy, modify, publish or redistribute the suggestions for any purpose and in any way without any credit or compensation to you.
modifications to the software
music tribe reserves the right to modify, suspend or discontinue, temporarily or permanently, the software or any service to which it connects, with or without notice and without liability to you.
Music Tribe may, from time to time, provide improvements or enhancements to the features/functionality of the Software, which may include patches, bug fixes, updates, enhancements, and other modifications (“Updates”).
updates may modify or remove certain features and/or functionality of the software. you agree that music tribe has no obligation to (i) provide updates, or (ii) continue to provide or enable features and/or functionality of the software.
third party software
Third party software and data (“Third Party Software”) may be attached to the Software. you acknowledge and agree that if you wish to obtain third party software on other terms, you must acquire such third party software directly from its suppliers.
In no event shall such separate license agreements or additional terms and conditions between you and Provider be binding on Company or impose additional obligations or obligations inconsistent with the terms of this Agreement on Company.
The party providing the third party software is responsible for any warranty or related liability arising from the third party software. mg-ip is not responsible in any way for third party software or your use of it.
term and termination
this agreement will remain in effect until terminated by you or the music tribe.
music tribe may, in its sole discretion, at any time and for any or no reason, suspend or terminate this agreement with or without notice.
this agreement will terminate immediately, without notice from music tribe, if you fail to comply with any provision of this agreement. You may also terminate this Agreement by removing the Software and all copies of it from your computer.
upon termination of this agreement, you must stop using the software and delete all copies of the software from your computer.
Termination of this Agreement will not limit any of Music Tribe’s rights or remedies at law or in equity for any breach by you (during the term of this Agreement) of any of your obligations under this Agreement.
You agree to indemnify, defend and hold music tribe and its officers, directors, employees, agents, affiliates, successors and assigns harmless from and against any and all losses, damages, liabilities, deficiencies, claims, actions, lawsuits. settlements, interest, awards, penalties, fines, costs or expenses of any kind, including reasonable attorneys’ fees, arising out of or relating to: (i) your use or misuse of the software; (ii) your failure to comply with any applicable law, regulation or government directive; (iii) your breach of this agreement; or (iv) your agreement or relationship with an organization (if applicable) or any third party. furthermore, you agree that music tribe assumes no responsibility for the information or content that you submit or make available through this software or the content that third parties make available to you.
The software is provided to you “as is” and “as available” and with all faults and defects without warranty of any kind. To the maximum extent permitted by applicable law, Music Tribe, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the software, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise from course of dealing, course of performance, use, or trade practice . without limiting the foregoing, music tribe makes no warranties, guarantees, or undertakings, and makes no representation that the software will meet your requirements, achieve its intended results, be compatible or work with any other software, system or service, operate without interruption, meet performance or reliability standards, or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither music tribe nor any of music tribe’s suppliers makes any representations or warranties of any kind, express or implied: (i) as to the operation or availability of the software, or the information, content and materials or products included therein; (ii) that the software will be uninterrupted or error free; (iii) as to the accuracy, reliability, or timeliness of any information or content provided through the Software; or (iv) that the software, its servers, content or emails sent from or on behalf of music tribe are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.
Some jurisdictions do not allow the exclusion or limitations of implied warranties or limitations of a consumer’s applicable statutory rights, so some or all of the above exclusions and limitations may not apply to you.
limitation of liability
Notwithstanding any damages you may incur, Music Tribe’s and any of its suppliers’ total liability under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount you actually paid for the software.
To the maximum extent permitted by applicable law, in no event shall Music Tribe or its suppliers be liable for any special, incidental, indirect or consequential damages (including, without limitation, damages for lost profits, loss of data or other information , for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use or inability to use the Software, Third Party Software and/or Third Party Hardware used with the Software, or in connection with any provision of this agreement), even if music tribe or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this agreement is found to be unenforceable or invalid, such provision will be changed and construed to achieve the objectives of such provision to the fullest extent possible under applicable law and the remaining provisions will continue in full force and effect.
no failure to exercise, and no delay in exercising, by either party, any right or power under this agreement shall operate as a waiver of that right or power. nor shall the sole or partial exercise of any right or power under this agreement preclude the subsequent exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall control.
modifications to this agreement
music tribe reserves the right, at its sole discretion, to modify or replace this agreement at any time. if a revision is material, we will provide you with at least 30 days’ notice before any new terms take effect. what constitutes a material change will be determined in our sole discretion.
If you continue to access or use our software after the revisions become effective, you agree to be bound by the revised terms. if you do not agree to the new terms, you are no longer authorized to use the software.
The laws of the jurisdiction in which you reside, excluding its conflicts of laws, will govern any dispute arising out of or in connection with this Eula. The applicability of the Uniform Commercial Code (UCC) and any other laws that mandate the application of the laws of any other jurisdiction is expressly excluded.
changes to this agreement
We reserve the exclusive right to make changes to this agreement from time to time. your continued access and use of the software constitutes your agreement to be bound by and your acceptance of the then posted terms and conditions. You acknowledge and agree that you accept this Agreement (and any modifications to it) each time you load, access or use the Software.
Therefore, we encourage you to review this Agreement regularly.
If, within thirty (30) days after changes or amendments to this agreement are posted, you decide that you do not agree with the updated terms, you may withdraw your acceptance of the modified terms by providing us with written notice of his retirement.
no employment or agency relationship
no provision of this agreement, or any part of the relationship between you and music tribe is intended to create, nor shall it be construed or construed to create, any relationship between you and music tribe other than that of an end user of the software and services provided.
You acknowledge and agree that your breach of this Agreement would cause Music Tribe irreparable harm for which monetary damages alone would be inadequate. In addition to liquidated damages and any other remedies to which Music Tribe may be entitled, you acknowledge and agree that we may seek injunctive relief to prevent any actual, threatened, or continuing breach of this Agreement.
limitation of time to file claims
Any cause of action or claim you may have arising out of or related to this agreement must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim shall be permanently barred.
the whole deal
The Agreement constitutes the entire agreement between you and Music Tribe with respect to your use of the Software and supersedes all prior and contemporaneous written or oral arguments between you and Music Tribe.
You may be subject to additional terms and conditions that apply when you use or purchase another Music Tribe’s services, which Music Tribe will provide to you at the time of such use or purchase.
Please feel free to contact us at [email protected] if you have any questions about this agreement.