Installation License Agreement
For purposes of this Agreement, the following terms will have the following meanings:
1.1 “Free Music” means the proprietary Free Music Pro software products (in object code format only) delivered to you hereunder (including but not limited to the Free Music), together with any updates or upgrades thereto, when and if made available to you by Free Music Pro. The Free Music does not include Third-Party Software.
1.2 “Services” means the various services to which Free Music Pro provides you with access, including without limitation the Free Music, Free Music Pro websites, search services, personalized content and branded offerings through its network of services that may be accessed through any various medium or device now known or hereafter developed.
1.3 “Third-Party Software” means the software of certain third parties that Free Music Pro may deliver with the Free Music, including but not limited to widgets of certain third parties and independent developers.
1.4 “Use” means to cause a mobile device to execute any machine-executable portion of the Free Music in accordance with the terms and conditions of this Agreement.
1.5 “User” means the legal entity or person who orders or downloads the Free Music and/or activates the Services.
2. PERSONAL NON-COMMERCIAL USE ONLY
2.1 The Free Music is licensed, not sold, to you by Free Music Pro. Subject to the terms and conditions of this Agreement, Free Music Pro hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable license to use one copy of the Free Music for personal non-commercial purposes only and provides this non-commercial-use Free Music. Free Music Pro also provides installation, un-installation, and related data services for Users, meaning that subject to the terms and conditions of this Agreement you can independently choose to install, un-install, and use Free Music as well as any and all related data services provided by Free Music Pro. Free Music Pro may occasionally provide updates and upgrades to Users for the Free Music as such updates or upgrades become available. You may copy and distribute Free Music solely in a non-commercial manner. You agree to use your best efforts to prevent and protect the contents of the Free Music and Services from unauthorized disclosure or use. Free Music Pro and its licensors reserve all rights, including but not limited to ownership and intellectual property rights, not expressly granted to you. Free Music Pro’s licensors are the intended third party beneficiaries of this Agreement and have the express right to rely upon and directly enforce the terms set forth herein. There are no implied licenses granted by Free Music Pro under this Agreement. Except as specified above, you shall have no rights to the Software.
2.2 Any commercial use, sale, copying, distribution or any other conduct related to commercial activities, including but not limited to the pre-installation or binding of the Free Music software, is prohibited unless such individual has obtained prior written approval from Free Music Pro.
2.4 Limitations on Use. You shall ensure that you do not and will not (and may not cause or permit any third party to) commit any act or fail to commit any act that results in damaging or interfering with any of Free Music Pro's services in any way, and shall not conduct, authorize aid or abet any third-party to conduct any of the following activities: (i) use the Free Music or Services except as expressly permitted under the terms and conditions of this agreement; (ii) separate the component programs of the Free Music for use on different devices; (iii) adapt, alter, publicly display, publicly perform, translate, embed into any other product, or otherwise create derivative works of, or otherwise modify the Free Music or Services; (iv) sublicense, lease, rent, loan, or distribute the Free Music or Services to any third party; (v) transfer the Free Music or Services to any third party; (vi) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Free Music, (a) except as permitted by applicable law, or (b) solely to the extent required to debug changes to any third party LGPL-libraries linked to by the Free Music; (vi) remove, alter or obscure any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on the Services, or the applicable documentation therefore; (vii) allow third parties to access or use the Free Music or Services, including without limitation any use in any application service provider environment, service bureau, or time-sharing arrangements; (viii) block, disable or otherwise affect any advertising, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Free Music or Services; or (ix) modify, adapt or translate the Free Music or create any derivative work of the Free Music. You may not release the results of any performance or functional evaluation of any of the Free Music or Services to any third party without prior written approval of Free Music Pro for each such release. Whenever or wherever you commit any of these violations, you shall be held legally liable for any and all damages, fines, costs and expenses to Free Music Pro for such action(s) under the furthest extent of the law, and Free Music Pro shall have the right to seek legal, equitable and administrative redress against you by exercise of its legal rights and to implement legal remedies against you to the fullest extent of the law.
2.5 You acknowledge that Third-Party Software is subject to separate terms and conditions included with, or contained in the setup installation segments of such Third-Party Software. The license restrictions contained in this Agreement do not apply to Third-Party Software to the extent they are inconsistent with such Third-Party Software terms. Free Music Pro shall not be responsible for any Third Party Software.
2.6 Free Music Pro reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree and acknowledge that Free Music Pro shall not be liable to you, or to any third-party, for any modification, suspension or discontinuance of the Services.
3. INTELLECTUAL PROPERTY PROTECTION
3.1 The Free Music is protected by international Copyright Conventions and all other applicable intellectual property laws and regulations. All Intellectual Property Rights (defined below) associated with the Free Music are owned by and are the exclusive property of Free Music Pro, at all times and regardless of the form or media in or on which the original or other copies may subsequently exist. This license is not a sale of the original or any subsequent copy. You acknowledge that the Services and the Free Music, including without limitation the Free Music’s sequence, structure, organization, source code and applicable documentation contains valuable trade secrets and other intellectual property of Free Music Pro and its suppliers and is considered Free Music Pro’s confidential information, and acknowledge that the Free Music and the Services and all intellectual property rights therein are the exclusive property of Free Music Pro, including but not limited to all related Intellectual Property Rights. "Intellectual Property Rights" includes any and all rights protected by all applicable patent laws, copyright laws, trademark laws, anti-unfair competition laws and other laws and any and all other property rights, as well as any and all applications, updates, extensions and recovery of them. All content accessed through the Free Music or Services is the property of the applicable content owner and may be protected by applicable copyright law. No title or ownership to the Free Music or the Services or the Intellectual Property Rights embodied therein passes to you as a result of this Agreement or any act pursuant to this Agreement. All trademarks used in connection with the Free Music, Services, or any associated documentation are owned by Free Music Pro, its affiliates and/or its licensors and other suppliers, and no license to use any such trademarks is provided hereunder. All suggestions or feedback provided by you to Free Music Pro with respect to the Services shall be Free Music Pro’s property and deemed Confidential Information (defined below) of Free Music Pro.
3.2 You shall not maliciously or intentionally modify, copy, or transmit materials related to the Free Music. If damages are caused to others or to Free Music Pro's image by your copying, modifying or transmitting of the Free Music or any related Free Music Pro service, then you shall be liable for all corresponding damages, costs, fines and expenses Free Music Pro incurs. You shall not delete, hide or change Free Music Pro's copyright statement, registered trademarks, or any other statements. Free Music Pro owns all copies of the Free Music, however made. Nothing in this Agreement will be deemed to grant, by implication, estoppel or otherwise, a license under any existing or future patents of Free Music Pro, except to the extent necessary for you to use the Free Music or Services as expressly permitted under this Agreement.
4. TERM AND TERMINATION
4.1 The term of this Agreement will commence upon your download of the Free Music and/or your commencement of the Services and, unless earlier terminated as provided in this Section 4, will continue in perpetuity. This Agreement will immediately terminate upon your breach of this Agreement, unless such breach is curable and is actually and immediately cured by you after Free Music Pro provides notice of breach to you. Upon the termination of this Agreement, you shall discontinue all use of the Free Music and/or Services, promptly destroy or have destroyed the Free Music and any copies thereof, and, upon request by Free Music Pro, certify in writing to Free Music Pro that such destruction has taken place. These remedies are cumulative and in addition to any other remedies available to Free Music Pro. Sections 1, 2, 3, 5, 6, 7, and 8 shall survive such termination.
5. DISCLAIMER OF WARRANTIES AND SPECIAL ANNOUNCEMENT
5.1 To the best of Free Music Pro’s knowledge, Free Music Pro represents that Free Music does not contain any viruses or other malicious codes. Despite thorough testing of the Free Music, complete compatibility with all software, hardware and operating systems cannot be entirely guaranteed. In the event of non-compatibility, you may report such issue to Free Music Pro by email requesting technical support. If the incompatibility issue cannot be resolved, you may uninstall the Free Music directly from the "Apps" within Settings. The Free Music is believed to be compatible only with mobile devices with Android system version 5.0 and up.
5.2 Because the Free Music may be downloaded and transmitted through the Internet, Free Music Pro is unable to guarantee whether or not the Free Music version downloaded from third party websites or other media not issued directly by Free Music Pro may or may not be infected with computer viruses or malicious code installed by Trojan programs or other hacker software. Free Music Pro assumes no responsibility for any direct or indirect damages subsequent to the downloading of Free Music in such manner or from such a source.
5.3 NO WARRANTY. You understand and agree that you have the right, but not the obligation, to download and use the Free Music. YOU AGREE THAT THE Free Music AND SERVICES ARE PROVIDED “AS IS” AND THAT Free Music Pro AND ITS LICENSORS MAKE NO OTHER WARRANTY AS TO THE Free Music OR SERVICES, INCLUDING WITHOUT LIMITATION UNINTERRUPTED USE, ACCURACY, AND DATA LOSS. Free Music Pro AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE (EVEN IF Free Music Pro KNOWS OR SHOULD HAVE KNOWN OF SUCH PURPOSE OR USE), ACCURACY OR COMPLETENESS, SATISFACTORY QUALITY OR QUIET ENJOYMENT, OR OTHER WARRANTIES OR CONDITIONS ARISING BY STATUTE, LAW, COURSE OF DEALING, USAGE OF TRADE, OR OTHERWISE; AND RELATED TO THE Free Music OR SERVICES, THEIR USE OR ANY INABILITY TO USE THEM, THE RESULTS OF THEIR USE AND THIS AGREEMENT. ALL SUCH IMPLIED WARRANTIES ARE HEREBY DISCLAIMED, AND SUCH DISCLAIMER IS EFFECTIVE TO THE MAXIMUM EXTENT ALLOWED BY LAW. Free Music Pro DOES NOT GUARANTEE THAT: (i) THE Free Music WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (ii) THAT ACCESS TO THE Free Music WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR THAT THEE Free Music OR SERVICES DO NOT CONTAIN ANY VIRUSES. THIS WARRANTY DISCLAIMER IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THIS BARGAIN BETWEEN YOU AND Free Music Pro. Free Music Pro WOULD NOT PROVIDE THE Free Music OR SERVICES ABSENT SUCH DISCLAIMER. Free Music Pro AND ITS LICENSORS ALSO DO NOT WARRANT THAT THE Free Music OR SERVICES OR ANY RESULTS OF USE THEREOF WILL BE FREE OF DEFECTS, ERRORS OR VIRUSES, RELIABLE OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS OR IN A PARTICULAR ENVIRONMENT OR THAT ERRORS THEREIN, IF ANY, WILL BE CORRECTED.
5.4 Within the limit of common practices and guidelines shared across the information technology industry, your information and behavior may be recorded and used by Free Music Pro. By downloading, installing and/or using the Free Music, you agree and understand that Free Music Pro may collect and use certain of your non-personal information in order to provide you with more accurate and well-targeted services. Unless required by laws or the requirements of a government department, Free Music Pro will not provide any information concerning you to any third party.
5.5 Any communications sent to Free Music Pro are the property of Free Music Pro or its affiliates. Unless stated otherwise herein, submissions are not considered confidential, and Free Music Pro is not liable for any use or disclosure of a submission. Except as noted herein, Free Music Pro is entitled to unrestricted use of any submissions for any purpose whatsoever without compensation to the provider of the submission.
5.6 LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, Free Music Pro AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DAMAGES FOR INTERRUPTION OF BUSINESS, LOST DATA, LOST PROFITS, OR THE LIKE), WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING FROM THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, EVEN IF Free Music Pro HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU SHALL HAVE THE SOLE RESPONSIBILITY FOR PROTECTING YOUR DATA, BY PERIODIC BACKUP OR OTHERWISE, USED IN CONNECTION WITH THE Free Music OR SERVICES. IN ANY CASE, Free Music Pro’S SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE THE REPLACEMENT OF THE Free Music OR SERVICES FOUND TO BE DEFECTIVE THE AMOUNT PAID TO Free Music Pro IN RESPECT OF THE Free Music GIVING RISE TO THE CLAIM, OR IF NO FEES WERE PAID THEN ONE HUNDRED US DOLLARS, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF Free Music Pro ONLY TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. IN NO EVENT WILL ANY SUPPLIER TO Free Music Pro HAVE ANY LIABILITY TO YOU UNDER THIS AGREEMENT. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Free Music Pro. Free Music Pro WOULD NOT PROVIDE THE Free Music TO YOU ABSENT SUCH LIMITATION.
5.7. INJUNCTIVE RELIEF. You acknowledge and agree that your breach or threatened breach of this Agreement shall cause Free Music Pro irreparable damage for which recovery of money damages would be inadequate and that Free Music Pro therefore may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity.
"Confidential Information" shall mean the Free Music and Services and all other information disclosed to you that Free Music Pro characterizes as confidential at the time of its disclosure either in writing or orally, except for information which you can demonstrate: (a) is previously rightfully known to you without restriction on disclosure; (b) is or becomes, from no act or failure to act on your part, generally known in the relevant industry or public domain; (c) is disclosed to you by a third party as a matter of right and without restriction on disclosure; or (d) is independently developed by you without access to the Confidential Information. You shall use your best efforts to preserve and protect the confidentiality of the Confidential Information at all times, both during the term hereof and for a period of at least 3 years after termination of this Agreement, provided, however, that any source code you receive shall be held in confidence in perpetuity. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation or other third party without the prior written consent of Free Music Pro. You shall not use any Confidential Information other than in the course of the activities permitted hereunder. You shall notify Free Music Pro in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this Agreement, and will cooperate with Free Music Pro in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use. If you are legally compelled to disclose any of the Confidential Information, then, prior to such disclosure, you will (i) immediately notify Free Music Pro prior to such disclosure to allow Free Music Pro an opportunity to contest the disclosure, (ii) assert the privileged and confidential nature of the Confidential Information, and (iii) cooperate fully with Free Music Pro in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information. In the event such protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements.
7.1 If you have any suggestions for adjustments that you believe Free Music Pro should make to the Free Music, or to request technical support related to the Free Music, you may contact Free Music Pro via email address at firstname.lastname@example.org. Such technical support obligations shall not go beyond the reasonable ability of Free Music Pro’s technical support personnel.
7.2 Free Music Pro reserves the right to modify this Agreement at any time without notifying you. If you have any objection to the modified agreement, you may choose to uninstall Free Music and Free Music Pro will not be responsible for any loss caused to you. Your continued use of the Free Music after any modification to this Agreement will be deemed as your agreement to abide by the terms and conditions of the newly modified agreement.
7.3 You acknowledge that the Free Music is subject to the operation and telecommunications infrastructures of the Internet and the operation of your Internet connection services, all of which are beyond Free Music Pro’s control.
7.4 You acknowledge and agree that the Free Music and Services contain valuable trade secrets, confidential information and proprietary information of Free Music Pro. You further acknowledge that any actual or threatened breach or violation of this Agreement will constitute immediate, irreparable harm to Free Music Pro for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for any such breach or violation.
7.5 Arbitration.READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM Free Music Pro. For any dispute with Free Music Pro, you agree to first contact Free Music Pro according to the notice procedures above and attempt to resolve the dispute with Free Music Pro informally. In the unlikely event that Free Music Pro has not been able to resolve a dispute it has with you after sixty (60) days, the Parties each hereby agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Free Music Pro from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of Free Music Pro’s data security, intellectual property rights or other proprietary rights.
7.6 This version of the Free Music is owned by Free Music Pro and all rights of final interpretation and modification of this Agreement are reserved by Free Music Pro.
(a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof, which may only be modified by a written amendment signed by an authorized executive of Free Music Pro. (b) If any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect, or Free Music Pro may at its option terminate this Agreement. (c) The controlling language of this Agreement is English. If you have received a translation into another language, it has been provided for your convenience only. (d) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (e) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. Free Music Pro may assign this Agreement to any entity at its sole discretion. (f) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.
If you have any questions about this agreement, please contact Free Music:
Visit website: http://adfm.greatmusictube.com
Email: Email: email@example.com
Developer: Developer: Free Music Pro