LICENSE AGREEMENT
GENERAL END USER LICENSE AGREEMENT. Thank you for selecting
the Sample Set (the “Set,” which includes any demo versions, copyrighted
samples, images and organ design files) offered by Coral Pipes LLC or by
its successors or assignees (collectively “Coral Pipes LLC”). Please review
the terms of this End User License Agreement (“Agreement”) thoroughly.
This Agreement is a legal agreement between you and Coral Pipes LLC.
By clicking any of the download links, accessing or using the Set, you
indicate acceptance electronically and agree to these terms. If you do not
agree to this Agreement, then do not indicate acceptance of the Agreement
and do not download or use the Set.
1. AGREEMENT. This Agreement describes the terms governing your use
of the Set and gives you certain rights and responsibilities.
2. LICENSE GRANT AND RESTRICTIONS.
2.1 The Set is protected by copyright. You are only granted certain
limited rights to install and use the Set, and Coral Pipes LLC retains
ownership of the Set and reserves all other rights in the Set not granted
to you in writing in this document. As long as you comply with this
Agreement, Coral Pipes LLC grants you a personal, limited,
nonexclusive, nontransferable license to use the Set.
2.2 You acknowledge and agree that the Set is licensed, not sold.
You agree not to use the Set in a manner that violates any applicable
law, regulation or this Agreement.
2.3 Not limited to the following, you agree you will not provide access
to or give the Set (or any part of the Set) to any third party.
Unauthorized copying, reproducing, lending, leasing, trading,
duplicating, resampling, reselling, hiring, sub-licensing, uploading or
downloading to a database, server or network, embedding in any
other product for resale, or any other form of distribution of the Set (or
any part of the Set) is strictly forbidden.
2.4 You are allowed to:
- use the Set to make recordings for commercial and non-commercial
purposes
- distribute recordings made with the Set
- play the Set for church services or concerts
- make a backup copy of the Set for your own purpose
- use portions of the Set within the “Custom Organ Design Module” in
Hauptwerk for personal use
3. CONTENT
3.1 You may use the Set freely in performance and recording within
the limitations of the license you have with Milan Digital Audio for
Hauptwerk 4.2 or subsequent compatible versions (the Host
Software).
3.2 You are responsible for your content. You are legally responsible
for all performances, recordings or other materials created through
your use of the Set (“Content”). Coral Pipes LLC is not responsible for
the Content or data you provide through your use of the Set.
3.3 Coral Pipes LLC may freely use feedback you provide. You agree
that Coral Pipes LLC may use your feedback, suggestions, or ideas
in any way, including but not limited to future modifications of the Set,
or other products. You grant Coral Pipes LLC a perpetual, worldwide,
fully transferable, sublicensable, irrevocable, fully paid-up, royalty free
license to use the feedback you provide to Coral Pipes LLC in any
way. Coral Pipes LLC will not sell, publish or share your feedback in a
way that could identify you without your explicit permission.
4. ADDITIONAL TERMS YOU AGREE TO. Coral Pipes LLC may tell you
about other products or services of Coral Pipes LLC. You may be offered
upgrades to this Set, or other sets offered by Coral Pipes LLC. If you
decide to use any of these Sets or services, additional terms and conditions
and separate fees may apply. You acknowledge that as a function of
downloading and installing your copy of the Set, you may have provided
contact information which may include, for example, your email address
which may be used by Coral Pipes LLC to offer you other products or
services. Coral Pipes LLC may also send business communications such
as confirmations or notices, which will be delivered to you via email or
posted on our websites.
5. DISCLAIMER OF WARRANTIES. YOUR USE OF THE SET IS
ENTIRELY AT YOUR OWN RISK. THE SET IS PROVIDED “AS IS”
WITHOUT TECHNICAL SUPPORT. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, CORAL PIPES LLP DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY
THAT THE SET IS FIT FOR A PARTICULAR PURPOSE. THERE ARE NO
WARRANTIES, COVENANTS, TERMS, CONDITIONS OR
REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO
TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH
OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY
RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN
OR LINKED TO THE SET. CORAL PIPES LLC DOES NOT WARRANT
THAT THE SET IS FREE FROM BUGS, VIRUSES, SPYWARE,
INTERRUPTION, OR ERRORS.
6. LIMITATION OF LIABILITY AND INDEMNITY. ANY CLAIMS ARISING
FROM OR RELATING TO THIS AGREEMENT, ITS SUBJECT MATTER
OR THE SET WILL BE BROUGHT EXCLUSIVELY AGAINST CORAL
PIPES LLC AND NOT AGINST ANY OF ITS MEMBERS. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE
LIABILITY OF CORAL PIPES LLC FOR ALL MATTERS OR CLAIMS
RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE
AMOUNT YOU PAID FOR THE SET. SUBJECT TO APPLICABLE LAW,
CORAL PIPES LLC IS NOT LIABLE FOR ANY OF THE FOLLOWING: (A)
INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES; (B) DAMAGES RELATING TO BUGS, VIRUSES, SPYWARE,
LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE
WITH HOST SOFTWARE. THE ABOVE LIMITATIONS APPLY EVEN IF
CORAL PIPES LLC HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE
LIABILITY OF CORAL PIPES LLC AND YOUR EXCLUSIVE REMEDY
WITH RESPECT TO THE SET AND ITS USE.
7. DISPUTES. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO
THE SET OR THIS AGREEMENT WILL BE RESOLVED BY BINDING
ARBITRATION, RATHER THAN IN COURT. YOU AGREE THAT ANY AND
ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY
AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO
THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE
THAT YOU AND CORAL PIPES LLC ARE EACH WAIVING THE RIGHT
TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN
ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A
CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE
THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE
RIGHTS.
8. INDEMNITY. You agree to indemnify, defend, and hold Coral Pipes LLC
harmless from any and all claims, liability and expenses, including
reasonable attorneys’ fees and costs, arising out of your use of the Set or
breach of this Agreement (collectively referred to as “Claims”).
9. CHANGES TO THIS AGREEMENT OR THE SOFTWARE. Coral Pipes
LLC may change this Agreement from time to time, and the changes will be
effective when posted on Coral Pipes LLC’s website for the Set or when
Coral Pipes LLC notifies you by other means. Your continued use of the Set
after Coral Pipes LLC posts or otherwise notifies you of any changes,
indicates your agreement to the changes.
10. TERMINATION. This agreement is perpetual, however Coral Pipes
LLC may immediately terminate this Agreement or suspend or terminate
the license to the Set if you fail to comply with these terms.
11. GOVERNING LAW. Maryland state law governs this Agreement
without regard to its conflicts of laws provisions.
12. GENERAL. This Agreement is the entire agreement between you and
Coral Pipes LLC and replaces all prior understandings, communications
and agreements, oral or written, regarding its subject matter.