P2P Muzic End user license agreement
P2P MUZIC End User License Agreements
Welcome!
It is important that you carefully read these terms before installing the P2P MUZIC software. These terms when accepted by you form a license ("license") agreement between Zoom Developers and you ("You," "Your" Or " User") for the use of the P2P MUZIC software, including any and all versions or variations of the P2P MUZIC software, and any future fixes, updates and upgrades provided to you (collectively, "P2P MUZIC" or the " Software").
In order to use P2P MUZIC, you must first read and accept the terms of this license.
1.Subject to all the terms of this license, Zoom Developers grants you a limited, non-exclusive, personal, non-sub licensable, non- assignable license to install and use P2P MUZIC on a single computer owned and controlled by you.
2. You agree not to use the Software to:
2.1 Transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another`s privacy, hateful, or racially, ethnically or otherwise objectionable; 2.2 Harm minors in any way; 2.3 Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; 2.4 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users; 2.5 Transmit, access or communicate any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non- disclosure agreements); 2.6 Transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 2.7 Transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
2.8 Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users` ability to engage in real time exchanges;
2.9 Interfere with or disrupt the Software;
2.10 Intentionally or unintentionally violate any applicable local, state, national or international law, including any rules and regulations of any securities exchange, any rules, regulations, requirements, procedures or policies in force from time to time relating to the Software, and any export or re-export laws, rules and regulations;
2.11 Collect any information or communication about the users of the Software by monitoring, interdicting or intercepting any process of or communication initiated by the Software or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing;
2.12 Modify, delete or damage any information contained on the personal computer of any P2P MUZIC user
2.13 Collect or store personal data or other information about other users;
2.14 Intentionally make available “spoofed” files or data, or files or data with any type of information designed to misidentify the actual content of a file or which is intended to mislead the recipient of the file;
2.15 Utilize the Software for any non-personal or commercial purpose or for the benefit of any third party or charge any person for the use or distribution of the Software;
2.17 Remove any proprietary notices from the Software; or
2.18 Take any steps to interfere with or in any manner compromise any of Zoom Developers`s security measures with respect to the Software or any data or file transmitted, processed or stored on or through the Software.
3. More Do`s and Don`ts
3.1 Except as expressly permitted in this license, you agree not to reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, make copies, create derivative works from, distribute or provide others with the Software in whole or part, or otherwise transmit the Software over a network. You also agree that you will not attempt to decompile, reverse engineer or hack any communication initiated by the Software or to defeat or overcome any encryption and/or other technical protection methods implemented by Zoom Developers or its third party partners with respect to the Software and/or any data or file transmitted, processed or stored on or through the Software.
3.3 You may not sell, transfer, assign or hypothecate the Software to any third party without Zoom Developers’ prior express written consent.
3.4 You may not use, test or otherwise utilize the Software in any manner for purposes of developing or implementing any method or application that is intended to monitor or interfere with the functioning of the Software. 3.5 You may not through the use of any third party software application or otherwise, alter or modify the values stored by the Software in your computer`s memory, on your computer`s hard disk, or in your computer`s registry, or, with the exception of completely uninstalling the Software, otherwise modify, alter or block the functioning of the Software. 3.6 You may not use unlicensed or unauthorized copies of the Software for any purpose, including, without limitation, to obtain information about other users of the Software. 3.7 You may not use automated means, including scripts, batch files, emulators or any others means other than direct manual input by yourself, to control the operation of P2P MUZIC.
4. Zoom Developers may from time to time present programming fixes, updates and upgrades to you, including version updates to the Software. You agree to accept any and all such programming fixes, updates and upgrades presented to you, including version updates, and further acknowledge and agree that your failure to accept any such fixes, updates and upgrades will permit Zoom Developers to terminate your right to use the Software.
4.1Installation. When you install the Software, you understand and agree that other users may download this file from your computer and by doing so your Internet connection will be used. If you do not want this to happen, you can delete the file. The P2P MUZIC software is a "peer-to- peer" program; this means that it communicates with other peers (other P2P MUZIC or compatible programs). Other users may download files that you have stored in the My Shared Folder and other folders you have selected to be shared. Don`t share files which are confidential, such as financial information, or which you do not have the right to distribute. While your copy of P2P MUZIC is communicating with other peers it receives information of the status of interconnected peers, that information is stored on your computer.
5. Things You Need To Do When Using P2P MUZIC 5.1 It is your responsibility to ensure that you obtain all consents, authorizations and clearances in any data owned or controlled by third parties that you transmit, access or communicate to others using P2P MUZIC. 5.2 Zoom Developers will not be liable in any way: 5.2.1 for any errors or omissions in any data, or for any loss or damage of any kind incurred as a result of any data transmitted via the Software; 5.2.2 if you are exposed to data that is offensive, indecent or objectionable; 5.2.3 for any allegations or findings of infringement of copyright or other proprietary rights as a result of your use of the Software; or 5.2.4 for blocking or otherwise disabling your ability to submit, upload, transmit or otherwise make available any file or data, including without limitation, any file or data that Zoom Developers or its third party partners know or have reason to believe that you do not have the right to so submit, upload, transmit or otherwise make available.
6. Copyright Infringement
6.1 Zoom Developers respects copyright and other laws. Zoom Developers requires all P2P MUZIC users to comply with copyright and other laws. Zoom Developers does not by the supply of the Software authorize you to infringe the copyright or other rights of third parties.
6.2 As a condition to use the Software, you agree that you must not use the Software to infringe the intellectual property or other rights of others, in any way. The unauthorized reproduction, distribution, modification, public display, communication to the public or public performance of copyrighted works is an infringement of copyright.
6.3 Users are entirely responsible for their conduct and for ensuring that it complies with all applicable copyright and data-protection laws. In the event a user fails to comply with laws regarding copyrights, other intellectual property rights, data-protection and privacy, such a user may be exposed to civil and criminal liability, including possible fines and jail time.
6.4 You understand and agree that by submitting, uploading, transmitting or otherwise making available any files or data on or through the Software, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions, including all patent, trademark, trade secret, copyright or other proprietary rights, in and to any and all such files or data and are permitted to make such files or data available on or through the Software. You further understand and agree that Zoom Developers, directly or through a third party partner, may use any form of software or other technology to block or otherwise disable your ability to submit, upload, transmit, or otherwise make available any file or data, including, without limitation, any file or data that Zoom Developers or its third party partners know or have reason to believe that you do not have the right to so submit, upload, transmit or otherwise make available.
6.5 Zoom Developers will take appropriate actions in response to notices of copyright infringement. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through the Software, please provide notice to Zoom Developers`s Copyright Agent.
7. Zoom Developers`s Right to Run Advertising without Payment to Users
7.1 Zoom Developers reserves the right to run advertisements and promotions on P2P MUZIC.
7.2 By accepting the terms of this license, you agree that Zoom Developers has the right to run such advertisements and promotions without compensation to you.
7.3 The timing, frequency, placement and extent of advertising by Zoom Developers within the pages comprising P2P MUZIC.com or P2P MUZIC is subject to change and shall be determined by Zoom Developers at its sole discretion.
7.4 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through P2P MUZIC.com or P2P MUZIC, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
7.5 You agree that Zoom Developers is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on P2P MUZIC and/ or P2P MUZIC.com.
7.6 You agree, so long as you have not entirely deleted P2P MUZIC from your computer, not to take any action, including downloading other software, to disable or block the display of advertising by the Software.
8. Links to Third-Party Sites and Channels
8.1 Zoom Developers may provide links on P2P MUZIC, P2P MUZIC.com or through icons placed on your computer`s desktop upon installing the Software ("Icons") to third-party websites, and/or may frame various third-party websites (or frame within such sites) through the Software or on P2P MUZIC.com. Third- party websites, including channels, which P2P MUZIC.com, P2P MUZIC, or Icons may link to or frame and may have co- branding and other relationships with Zoom Developers that offer e-commerce and other services and features to users, but are not under the control of Zoom Developers. Zoom Developers does not have any responsibility or liability for any information, data, communications, products or materials available on such third-party sites. These linked and framed sites are only for your convenience and you therefore access them at your own risk.
9. Third Party Software
9.1 There are inherent dangers in the use of any software available for downloading on the Internet, and Zoom Developers cautions you to make sure that you completely understand the potential risks before agreeing to install any of the Third Party Software. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the Third Party Software, and Zoom Developers will not be liable for any damages that you may suffer in connection with using, modifying or distributing any of the Third Party Software.
9.2 Embedded Third Party Software
9.2.1 For the purposes of this License, the Third Party Software described in this Section 9.2 is collectively referred to as "Embedded Third Party Software."
9.2.2 In exchange for downloading the Software at no cost, you expressly agree that you accept the Embedded Third Party Software and that so long as you have not entirely deleted P2P MUZIC from your computer you will not take any action, including downloading other software which modifies, is intended to modify or permits others to modify registry or other settings on your computer to, disable, remove, block, prevent the functioning of, or otherwise interfere with any of the Embedded Third Party Software.
10. Applicable Law:This license as well as all disputes arising out of or in connection with this license shall be governed by the laws of the Republic of the Philippines, without regard to or application of choice of law rules or principles and shall be exclusively resolved before its competent court.
11. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding on-line conduct and acceptable data. Specifically, you agree to comply with all applicable laws regarding copyright and the transmission of technical data exported from the country in which you reside.
12. Indemnification:YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND Zoom Developers AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, AT YOUR EXPENSE, AGAINST ANY AND ALL THIRD PARTY CLAIMS OR DEMANDS, ACTIONS, PROCEEDINGS AND SUITS AND ALL RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY`S FEES AND OTHER DISPUTE RESOLUTION EXPENSES) INCURRED BY Zoom Developers, DUE TO OR ARISING OUT OF DATA YOU SUBMIT,POST TO, TRANSMIT OR COMMUNICATE THROUGH THE SOFTWARE,YOUR USE OR MISUSE OF THE SOFTWARE, YOUR CONNECTION TOOTHER USERS, YOUR VIOLATION OF THIS LICENSE,OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
13. Disclaimers of Warranties
13.1 THE SOFTWARE IS PROVIDED "AS IS", AND ON AN "AS AVAILABLE" BASIS AND THERE ARE NO CLAIMS, REPRESENTATIONS AND WARRANTIES MADE BY ZOOM DEVELOPERS, EITHER EXPRESS, IMPLIED OR STATUTORY (TO THE EXTENT PERMITTED BY APPLICABLE LAW), WITH RESPECT TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE, TITLE, NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIESCREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.
13.2 ANY DATA DOWNLOADED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
14. Limitation of Liability
14.1 YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ZOOM DEVELOPERS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY, EVEN IF ZOOM DEVELOPERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLELOSSES, RESULTING FROM:
14.1.1 THE USE OR THE INABILITY TO USE THE SOFTWARE
14.1.2 THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE USE OF THE SOFTWARE;
14.1.3 UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
14.1.4 STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE SOFTWARE; OR
14.1.5 ANY OTHER MATTER RELATING TO THE USE OF THE SOFTWARE. IN NO EVENT SHALL ZOOM DEVELOPERS` TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY AMERICAN DOLLARS ($50).
15.It is your responsibility to comply with the terms of this license and to obey the laws of your jurisdiction. Your rights under this license will terminate immediately and without prior notice if: you violate any term of this License, including violating any applicable laws or rights of any third party including the intellectual property rights of any such third party. You may be subject to legal action if you continue to use P2P MUZIC in violation of this license.
16.The P2P MUZIC name, the P2P MUZIC logo, and other P2P MUZIC related properties are trademarks of Zoom Developers. All other trademarks appearing on P2P MUZIC are trademarks of their respective owners.
17.1 This license constitutes the entire understanding of you and Zoom Developers with respect to the Software and the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof that are not merged herein, expressly referenced herein, or superseded hereby.
17.2 The failure or delay of Zoom Developers to exercise or enforce any rights or provision of the license does not constitute a waiver of such right or provision.
17.3 All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of this license, including without limitation all of your representations, warranties and indemnification obligations.
17.4 Should any part of this license be held invalid by any court or tribunal, such invalidity shall not affect the validity of any remaining part, which will remain in full force and effect as if this License had been executed without that part having been held to be invalid.
17.5 You acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by Zoom Developers to download the Software to accept the terms and conditions of this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SOFTWARE. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
Copyright: Zoom Developers does not condone activities and actions that breach the rights of copyright owners. As a P2P MUZIC user you have agreed to abide by the End User License Agreement and it is your responsibility to obey all laws governing copyright in each country. © Zoom Developers 2007 - All Rights Reserved