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THIS IS AN AGREEMENT BETWEEN YOU AND TASCRO
ENTERPRISES, INC. (WITH ITS AFFILIATES, "TASCRO
ENTERPRISES" OR "WE"). BEFORE USING THE TASCRO
ENTERPRISES MP3 MUSIC SERVICE (THE "SERVICE"),
ALL RULES AND POLICIES RELATED TO THE SERVICE
(INCLUDING, BUT NOT LIMITED TO, ANY PRODUCT-SPECIFIC
RULES OR USAGE PROVISIONS SPECIFIED ON ANY PRODUCT
DETAIL PAGE OR IN ANY LINK FROM A PRODUCT DETAIL
"AGREEMENT"). IF YOU USE THE SERVICE, YOU WILL BE
BOUND BY THE TERMS OF THIS AGREEMENT.
The Service offers downloads of digitized versions
of audio recordings, artwork and information
relating to such audio recordings, and other content
(individually and collectively, "Digital Content")
and other services under the terms and conditions in
2.1 License. Upon your payment of our fees for Digital Content, we grant
you a non-exclusive, non-transferable license to use the Digital Content for
your personal, non-commercial, entertainment use, subject to and in accordance
with the terms of this Agreement. You may copy, store, transfer and burn the
Digital Content only for your personal, non-commercial, entertainment use.
2.2 Restrictions. You represent, warrant and agree that you will use the
Service only for your personal, non-commercial, entertainment use and not for
any redistribution of the Digital Content or other use restricted in this
Section 2.2. You agree not to infringe the rights of the Digital Content's
copyright owners and to comply with all applicable laws in your use of the
Digital Content. Except as set forth in Section 2.1 above, you agree that you
will not redistribute, transmit, assign, sell, broadcast, rent, share, lend,
modify, adapt, edit, sub-license or otherwise transfer or use the Digital
Content. You are not granted any synchronization, public performance,
promotional use, commercial sale, resale, reproduction or distribution rights
for the Digital Content. You acknowledge that the Digital Content embodies the
intellectual property of a third party and is protected by law.
2.3 Explicit Content. You agree that we have no liability to you for
Digital Content you find to be offensive, indecent or objectionable.
Sales Final; Downloading and Risk of Loss; Availability of Digital Content.
All sales of Digital Content are final. We do not accept returns of Digital
Content. Once you have purchased Digital Content, we encourage you to download
it promptly and to make back-up copies of it. If you are unable to complete a
download after having reviewed our online help resources, please contact TASCRO
ENTERPRISES. You bear all risk of loss after purchase and for any loss of
Digital Content you have downloaded, including any loss due to a computer or
hard drive crash. We may, from time to time, remove Digital Content from the
Service without notice.
3.1 General. We may make available to you, from time to time, software for
your use in connection with the Service (any and all such software, individually
and collectively, the "Software").
of the Software. You may use the Software only in connection with the
Service. You may not separate any individual component of the Software for use
other than in connection with the Service, may not incorporate any portion of it
into your own programs or compile any portion of it in combination with your own
programs, may not transfer it for use with another service, or use it, or any
portion of it, over a network and may not sell, rent, lease, lend, loan,
distribute or sub-license the Software or otherwise assign any rights to the
Software in whole or in part. We may discontinue some or all of any Software we
provide, and we may terminate your right to use any Software at any time and in
such event may modify it to make it inoperable.
Reverse Engineering, Decompilation, or Disassembly; Updates. You may not,
and you will not encourage, assist or authorize any other person to, modify,
reverse engineer, decompile or disassemble the Software, whether in whole or in
part, or create any derivative works from or of the Software. We may offer
updates of the Software, from time to time, for feature enhancement, security or
other purposes. We will not automatically update the Software, unless you
authorize us to do so.
3.4 Export Regulations; Government End Users. You agree to comply with all
export and re-export restrictions and regulations of the Department of Commerce
and other United States agencies and authorities that may apply to the Software.
If you are a U.S. Government end user, we are licensing the Software to you as a
"Commercial Item" as that term is defined in the U.S. Code of Federal
Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Software
are the same as the rights we grant to all others under this Agreement.
3.5 Damages Cap. Without limiting the Disclaimer of Warranties and
Limitation of Liability in the TASCRO ENTERPRISES Conditions of Use, in no event
shall our or our software licensors' total liability to you for all damages
(other than as may be required by applicable law in cases involving personal
injury) arising out of or related to your use or inability to use the Software
exceed the amount of fifty dollars ($50.00). This limitation will apply even if
the remedy fails of its essential purpose.
4. Reservation of Rights
Except for the rights explicitly granted to you in
this Agreement, all right, title and interest in the
Service, the Software and the Digital Content are
reserved and retained by us and our licensors. You
do not acquire any ownership rights in the Software
or Digital Content as a result of downloading
Software or Digital Content.
5. Territorial Restrictions
As required by our Digital Content providers,
Digital Content will, unless otherwise designated,
be available only to customers located in the United
6.1 Termination; Amendments. Your rights under this Agreement will
automatically terminate without notice from us if you fail to comply with any of
its terms. In case of such termination, you must cease all use of the Software
and Digital Content, and we may immediately revoke your access to the Service
without notice to you and without refund of any fees. Our failure to insist upon
or enforce your strict compliance with this Agreement will not constitute a
waiver of any of our rights. We may amend any of this Agreement's terms at our
sole discretion by posting the revised terms on the Service's website. Your
continued use of the Service, the Software or the Digital Content after any such
amendment's effective date evidences your agreement to be bound by it.
6.2 Third-Party Beneficiaries. Digital Content copyright owners are
intended third-party beneficiaries under this Agreement and may enforce this
Agreement against you.
6.3 Contact Information. For communications concerning this Agreement,
please write to TASCRO ENTERPRISES, P.O. Box 118262
Carrollton, TX 75011