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The enclosed Music CD(s) and the accompanying documentation are provided to you, the End-User by Davenport Productions, ("Licensor) for use only under the following terms. Davenport Productions reserves any right not expressly granted to you. You own the disk(s) on which the music is recorded, but Davenport Productions retains ownership of all music and documentation copyrights and copies of the music itself, no matter what form they are in or the media the copies reside in. You assume sole responsibility for the installation, use and results obtained from use of the Music CD(s), hereafter called "Software".
1. License
License is granted for performance in private, commercial and business establishments; incorporation into and performance with audio, video and broadcast production. You are granted a limited, non-exclusive license to use the enclosed software on only one system and in only one location at a time. You may not make copies for other locations or network to other systems.
2. Transfer
You may transfer the Software and all rights under this License permanently to another party together with a copy of this License and all written materials accompanying the Software, provided (i) you give Davenport Productions written notice of the transfer (including in such notice the identity of the transferee), and (ii) the other party reads and agrees to accept the terms and conditions of this License. You may not lease or rent the software to a third party.
3. Termination
This License is effective until terminated. This License will terminate immediately without notice from Davenport Productions if you fail to comply with any of its provisions. You may also terminate this License at any time by doing so. Upon termination you must destroy the Software and all copies thereof.
4. Limited Warranty
Davenport Productions warrants the media on which the music is provided to be free from material defects under normal use for a period of one (1) year from the original date of your purchase receipt and that the Software shall operate substantially in accordance with the published functional specifications current at the time of shipment. If, during the warranty period, a defect appears, you may return the Software to Davenport Productions and Davenport Production's only obligation shall be, at our election, to replace the defective Software or refund the purchase price. You agree that the foregoing constitutes your sole and exclusive remedy for breach by Davenport Productions under any warranties made under this Agreement. This warranty does not cover any Software that has been altered or changed in any way by anyone other than Davenport Productions. Davenport Productions is not responsible for problems associated with or caused by incompatible systems or equipment, or for problems in the interaction of the Software with software not furnished by Davenport Productions.
No oral or written information or advice given by Davenport Productions or its dealers, distributors, employees or agents shall in any way extend, modify or add to the foregoing warranty.
THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME ALL RISK AS TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF THE SOFTWARE. IN NO EVENT WILL DAVENPORT PRODUCTIONS, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, EVEN IF DAVENPORT PRODUCTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DAVENPORT PRODUCTION'S LIABILITY TO YOU (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID TO DAVENPORT PRODUCTIONS FOR THE LICENSE OF THE SOFTWARE.
5. General
This License will be governed by and construed in accordance with the laws of the North Carolina.
6. Acknowledgment
BY OPENING THIS PACKAGE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. Should you have any questions concerning this License, contact Davenport Productions at the address set forth above.
Layman's Terms
You may use music on our CD's as background in your video, multimedia or audio productions. You may even incorporate our music in video or audio products you sell. Typical examples of a video product you could make and sell with our music included would be a nature video or a home movie transfer.to video. You may play our music at conventions, business meetings or on office sytems (such as music on hold). You may not copy our CD's and sell or give those copies away to others. You may not copy individual tracks, reorganize them on a CD or any other media and sell as if it is your product. An example of the type of product you could not make would be a music on hold CD (our themes arranged on a CD for a customer) if you were a company that produced messages on hold.
FAQ's About Licensing
When we started 13 years ago royalty free licensing was quite simple. Now we encounter new questions daily from customers and potential customers because technology is creating some new issues by giving people new ideas for products.
We create royalty free music for use in video, audio, multimedia, public functions and numerous other areas where commercial music cannot be legally used. However, you cannot do things with our music in a couple of key areas that would cause us to compete with our own product or cause us not to be properly reimbursed. We've elaborated on a few key issues below to help clear up usage questions. 99.9% of questions posed to us are related to the following issues. If you have a question about your intended use, just call us at 1-800-951-6666.
Question:
I create "on hold" telephone messages for clients. Some of my customers are requesting "music only" CDs. Can I copy your tracks onto a CD and sell to them?
Answer:
No. You cannot copy our CDs or the tracks therein and sell or give away the copies as if they were yours-no matter the media or format. It's one thing to use our music to enhance your product (dress it up), but in this case our product is the product!
SUGGESTION - Buy from us and sell to your client at a profit.
Question:
I create "on hold" telephone messages for clients. I would like to create an "on hold" CD using your music, add voice messages, mass produce it and sell it on the open market.
Answer:
No. You may not mass produce in any number an audio CD (or any other media) of our music with narration to sell or give away on the open market without further licensing from us. Once again, in this case our product is the product! Mass produced CD demos of your services and corporate multimedia Christmas cards (with our music) are obviously excluded from this rule.
SUGGESTION - We'll be happy to license you to do this.
Question:
Our company has created a software program for computers that plays music while the customer is on hold. Can we include your music?
Answer:
No. You may not package into your hardware, software or any other type of product copies of our music themes and then mass produce in any number to sell or give away, without further licensing from us. This is akin to creating a desktop publishing program and including all kinds of royalty free graphics from other programs you've bought. Once again, in this case our product is part of the product!
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SUGGESTION - We'll be happy to license you to do this.
Question:We would like to include demo clips of your music on our website for our customers to choose from. May we do this?
Answer:
Yes. You may post short demos of our music for your customers to choose from for their custom messages.
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