Do you agree to the following terms of use?
This Agreement is made and entered into as of the 21st day of May, 2009, by and between Sonic Librarian ("Sonic Librarian"), on the one part, and the party logged into the Sonic Librarian site accessing this agreement ("Client"), on the other part. Sonic Librarian and Client agree as follows:
1. Subject to the terms, conditions, and limitations hereinafter stated, the parties agree as follows:
1a. Sonic Librarian, on behalf of its Licensor(s), hereby grants to Client, the non-exclusive, private, limited, restricted and conditional right to download a temporary, digital file(s) ("Temp File") of Sonic Librarian Master Recordings and Compositions ("Recordings"), as listed on Schedule A, for auditioning or off-line editorial or review purposes only. Client agrees and stipulates that the Temp File download neither grants nor conveys any rights in or to the public, non-commercial or commercial use, exploitation, reproduction or display of the Temp File(s). For purposes of clarification, the Temp File is restricted to the private use of the Client, and cannot be publicly exploited, reproduced, synchronized, or displayed without the express, written authorization and grant of License ("Download License") from Sonic Librarian.
2. Client shall not copy the Recordings (or any metadata associated therewith) embodied in the Temp Files except to make one copy of the Temp File exclusively for inactive backup or archival purposes. Client shall not modify, reverse engineer, de-compile or disassemble the Temp File, or create derivative works based upon the Temp File.
2a. Sonic Librarian represents and warrants that it has the full authority to act on behalf of any and all owners of any right, title and interest in and to the Recordings, and that it is the legal holder and/or agent duly authorized to license all the rights necessary to grant Client the rights contained in this Agreement. Each party represents and warrants that it shall not act in any manner which conflicts or interferes with any existing commitment or obligation of such party, and that no agreement previously entered into by such party will interfere with such party's performance of its obligations under this Agreement. Each party represents and warrants that it shall perform in compliance with any applicable laws, rules and regulations of any governmental authority.
3. The Term of this limited grant shall be for 10 days
4. Upon review of the audio Temp File, and in the event Client shall seek to obtain a Download License from Sonic Librarian for the commercial exploitation or public display of the Recording(s), you will be directed to purchase a license
"DOWNLOAD LICENSE" REVIEW
BY CLICKING ON THE "AGREE" BUTTON FOLLOWING THIS AGREEMENT, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT ON BEHALF OF YOURSELF PERSONALLY AND ON BEHALF OF THE ENTITY BY WHICH YOU ARE EMPLOYED AND ARE REPRESENTING AND WARRANTING THAT YOU HAVE THE LEGAL POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND ARE AUTHORIZED TO BIND THE ENTITY BY WHICH YOU ARE EMPLOYED AND THAT YOU WAIVE ANY AND ALL CLAIMS OF ANY KIND AND NATURE AGAINST SONIC LIBRARIAN, ITS OFFICERS, EMPLOYEES, AFFILIATES OR LICENSEES, WITH RESPECT TO YOUR USE OF THIS TEMP FILE OR THE INFORMATION PROVIDED. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OR DO NOT UNDERSTAND THESE TERMS, YOU MUST CLICK THE "DECLINE" BUTTON.