End-User License Agreement ("Agreement")
Last updated: October 23, 2020
Please read this End-User License Agreement carefully before clicking the "I
Agree" button, downloading or using Ultimate Metal.
Interpretation and Definitions
==============================
Interpretation
--------------
The words of which the initial letter is capitalized have meanings defined
under the following conditions. The following definitions shall have the same
meaning regardless of whether they appear in singular or in plural.
Definitions
-----------
For the purposes of this End-User License Agreement:
* Agreement means this End-User License Agreement that forms the entire
agreement between You and the Company regarding the use of the
Application.
* Asset means the Musical Compositions provided by Zohar Houston downloaded
by You to a Device, named Ultimate Metal
* Company (referred to as either "the Company", "We", "Us" or "Our" in this
Agreement) refers to Zohar Houston.
* Content refers to content such as text, images, or other information that
can be posted, uploaded, linked to or otherwise made available by You,
regardless of the form of that content.
* Country refers to: United Kingdom
* Device means any device that can access the Application such as a
computer, a cellphone or a digital tablet.
* Third-Party Services means any services or content (including data,
information, applications and other products services) provided by a
third-party that may be displayed, included or made available by the
Application.
* You means the individual accessing or using the Application or the
company, or other legal entity on behalf of which such individual is
accessing or using the Application, as applicable.
Acknowledgment
==============
By clicking the "I Agree" button, downloading or using the Asset, You
are agreeing to be bound by the terms and conditions of this Agreement. If You
do not agree to the terms of this Agreement, do not click on the "I Agree"
button, do not download or do not use the Asset.
This Agreement is a legal document between You and the Company and it governs
your use of the Application made available to You by the Company.
The Asset is licensed, not sold, to You by the Company for use strictly
in accordance with the terms of this Agreement.
License
=======
Scope of License
----------------
The Company grants You a revocable, non-exclusive, non-transferable, limited
license to download, install and use the Asset strictly in accordance
with the terms of this Agreement.
The license that is granted to You by the Company is solely for your personal,
non-commercial purposes strictly in accordance with the terms of this
Agreement.
License Restrictions
--------------------
You agree not to, and You will not permit others to:
* License, sell, rent, lease, assign, distribute, transmit, host, outsource,
disclose or otherwise commercially exploit the Application or make the
Asset available to any third party.
* Make derivative works of, disassemble, decrypt, reverse compile or
reverse engineer any part of the Asset.
* Remove, alter or obscure any proprietary notice (including any notice of
copyright or trademark) of the Company or its affiliates, partners,
suppliers or the licensors of the Asset.
Intellectual Property
=====================
The Asset, including without limitation all copyrights, patents,
trademarks, trade secrets and other intellectual property rights are, and
shall remain, the sole and exclusive property of the Company.
The Company shall not be obligated to indemnify or defend You with respect to
any third party claim arising out of or relating to the Asset. To the
extend the Company is required to provide indemnification by applicable law,
the Company shall be solely responsible for the investigation, defense,
settlement and discharge of any claim that the Asset or your use of it
infringes any third party intellectual property rights.
Your Suggestions
================
Any feedback, comments, ideas, improvements or suggestions provided by You to
the Company with respect to the Asset shall remain the sole and
exclusive property of the Company.
The Company shall be free to use, copy, modify, publish, or redistribute the
Suggestions for any purpose and in any way without any credit or any
compensation to You.
Third-Party Services
====================
The Asset may display, include or make available third-party content
(including data, information, applications and other products services) or
provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for any
Third-party Services, including their accuracy, completeness, timeliness,
validity, copyright compliance, legality, decency, quality or any other aspect
thereof. The Company does not assume and shall not have any liability or
responsibility to You or any other person or entity for any Third-party
Services.
You must comply with applicable Third parties' Terms of agreement when using
the Asset. Third-party Services and links thereto are provided solely as
a convenience to You and You access and use them entirely at your own risk and
subject to such third parties' Terms and conditions.
Term and Termination
====================
This Agreement shall remain in effect until terminated by You or the Company.
The Company may, in its sole discretion, at any time and for any or no reason,
suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the
Company, in the event that you fail to comply with any provision of this
Agreement. You may also terminate this Agreement by deleting the Asset
and all copies thereof from your Device or from your computer.
Upon termination of this Agreement, You shall cease all use of the Asset
and delete all copies of the Asset from your Device.
Termination of this Agreement will not limit any of the Company's rights or
remedies at law or in equity in case of breach by You (during the term of this
Agreement) of any of your obligations under the present Agreement.
Indemnification
===============
You agree to indemnify and hold the Company and its parents, subsidiaries,
affiliates, officers, employees, agents, partners and licensors (if any)
harmless from any claim or demand, including reasonable attorneys' fees, due
to or arising out of your: (a) use of the Asset; (b) violation of this
Agreement or any law or regulation; or (c) violation of any right of a third
party.
No Warranties
=============
The Asset 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 under applicable law, the Company, on its own behalf and on behalf
of its affiliates and its and their respective licensors and service
providers, expressly disclaims all warranties, whether express, implied,
statutory or otherwise, with respect to the Asset, including all implied
warranties of merchantability, fitness for a particular purpose, title and
non-infringement, and warranties that may arise out of course of dealing,
course of performance, usage or trade practice. Without limitation to the
foregoing, the Company provides no warranty or undertaking, and makes no
representation of any kind that the Asset will meet your requirements,
achieve any intended results, be compatible or work with any other software,
applications, systems or services, operate without interruption, meet any
performance or reliability standards or be error free or that any errors or
defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's
provider makes any representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the Asset, or the
information, content, and materials or products included thereon; (ii) that
the Asset will be uninterrupted or error-free; (iii) as to the accuracy,
reliability, or currency of any information or content provided through the
Asset; or (iv) that the Asset, its servers, the content, or
e-mails sent from or on behalf of the Company are free of viruses, scripts,
trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties
or limitations on applicable statutory rights of a consumer, so some or all of
the above exclusions and limitations may not apply to You. But in such a case
the exclusions and limitations set forth in this section 11 shall be applied
to the greatest extent enforceable under applicable law. To the extent any
warranty exists under law that cannot be disclaimed, the Company shall be
solely responsible for such warranty.
Limitation of Liability
=======================
Notwithstanding any damages that You might incur, the entire liability of the
Company and any of its suppliers under any provision of this Agreement and
your exclusive remedy for all of the foregoing shall be limited to the amount
actually paid by You for the Asset or through the Asset.
To the maximum extent permitted by applicable law, in no event shall the
Company or its suppliers be liable for any special, incidental, indirect, or
consequential damages whatsoever (including, but not limited to, damages for
loss of profits, loss of data or other information, for business interruption,
for personal injury, loss of privacy arising out of or in any way related to
the use of or inability to use the Asset, third-party software and/or
third-party hardware used with the Asset, or otherwise in connection
with any provision of this Agreement), even if the Company 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.
Severability and Waiver
=======================
Severability
------------
If any provision of this Agreement is held to be unenforceable or invalid,
such provision will be changed and interpreted to accomplish the objectives of
such provision to the greatest extent possible under applicable law and the
remaining provisions will continue in full force and effect.
Waiver
------
Except as provided herein, the failure to exercise a right or to require
performance of an obligation under this Agreement shall not effect a party's
ability to exercise such right or require such performance at any time
thereafter nor shall be the waiver of a breach constitute a waiver of any
subsequent breach.
Product Claims
==============
The Company does not make any warranties concerning the Asset.
United States Legal Compliance
==============================
You represent and warrant that (i) You are not located in a country that is
subject to the United States government embargo, or that has been designated
by the United States government as a "terrorist supporting" country, and (ii)
You are not listed on any United States government list of prohibited or
restricted parties.
Changes to this Agreement
=========================
The Company reserves the right, at its sole discretion, to modify or replace
this Agreement at any time. If a revision is material we will provide at least
30 days' notice prior to any new terms taking effect. What constitutes a
material change will be determined at the sole discretion of the Company.
By continuing to access or use the Asset after any 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 Asset.
Governing Law
=============
The laws of the Country, excluding its conflicts of law rules, shall govern
this Agreement and your use of the Asset. Your use of the Asset
may also be subject to other local, state, national, or international laws.
Entire Agreement
================
The Agreement constitutes the entire agreement between You and the Company
regarding your use of the Asset and supersedes all prior and
contemporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when You use
or purchase other Company's services, which the Company will provide to You at
the time of such use or purchase.
Contact Us
==========
If you have any questions about this Agreement, You can contact Us:
* By email: zh-music@outlook.com
* By visiting this page on our website: <https://www.zhmusic.co.uk/contact>
