Cool Vibes

 

Copyright © 2000-2010 Hans Adamson. All rights reserved. Art Vista is a trademark of Art Vista Productions. No part of the Licensed Software (as this term is hereinafter defined) may be reproduced or transmitted in any form or by any means for any purpose except as described in the End User License Agreement.

END USER LICENSE AGREEMENT

The following information represents the contractual conditions for the use by you, the final user (hereinafter, sometimes referred to as the "Licensee") of the Art Vista Productions Licensed Software.

By installing the Licensed Software on your computer, or by registration, or by downloading the Licensed Software, you are declaring yourself to be in agreement with the contractual conditions, so please read the following text carefully. If you are not in agreement with these conditions, you must not install or download the Licensed Software.

1.  Object of the Contract.  The object of the contract consists of the audio recordings included in the downloads, the audio recordings on the supplied CD(s) or DVD(s), as applicable, original software programming utilized in the product (including, but not limited to, custom scripting), and photographs, graphics, and other images and editorial material, (including, but not limited to, the relevant usage instructions). These are described hereinafter as "Licensed Software."

2.  Scope of Use.  Art Vista Productions grants the Licensee, for the duration of this contract, the nonexclusive, nontransferable license to use the Licensed Software within musical compositions. This license expressly forbids resale, lease or lending or other distribution of the Licensed Software, either as it exists on these discs, in the downloads, or within any modifications thereof. You may not place the Licensed Software in a computer/sampler network to be accessed by multiple users unless you have acquired a license for each separate computer having access to the Licensed Software. You may personally use the Licensed Software on a separate computer owned and used by you exclusively.  Licensee may not record any of the samples comprising the Licensed Software for use by themselves in a soloed, non-melodic context in a music library.

3.  Art Vista Productions’ Rights over the Licensed Software.  The Licensed Software product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The audio recordings, original software programming, photographs, graphics, and other images and editorial material comprising the Licensed Software and the copyright and all other intellectual property rights thereto remain the property of Hans Adamson and Art Vista Productions.

4.  Return Policy.  Please understand that all download sales are final and no refunds will be issued once a download transaction has begun.  For all other purchases from the Art Vista Productions website, if you are able to return the product in the same condition you have received it within 14 calendar days from the date of product arrival and you have not activated the serial number, if any, the license fee you paid may be refunded to you, less shipping and handling costs.

5.  Limited Warranty/Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ART VISTA PRODUCTIONS DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE LICENSED SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ART VISTA PRODUCTIONS, ITS SUPPLIERS, DEALERS, DISTRIBUTORS, NOR THE AGENTS OR EMPLOYEES OF THE FOREGOING WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OF ANY SORT, (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA ARISING OUT OF THE USE OF THE LICENSED SOFTWARE) WHETHER OR NOT SAME HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, OR OF ANY CLAIM BY ANY OTHER PARTY.

6.  General Terms.

(a) All rights not expressly granted to Licensee hereunder are reserved by Art Vista Productions.

(b) This license is effective until terminated. Failure to comply with any provisions of this license will result in automatic termination of this license and may result in legal action. Upon termination, Licensee agrees to destroy all copies of the Licensed Software in Licensee’s possession. In the event of termination, the following sections of this license will survive: 3, 5, and 6.

(c) This license shall be governed by California law applicable to contracts fully negotiated, executed and performed therein. Only the California courts (state and federal) shall have jurisdiction over controversies regarding this license; any proceeding involving such a controversy shall be brought in those courts, in Los Angeles County, and not elsewhere.

(d) You agree that this license contains the complete agreement between the parties hereto, and supersedes all other communication, relating to the subject matter of the license.

(e) You acknowledge that you have read this license and understand it and agree to be bound by its terms and conditions.

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