License Agreement

This License Agreement is a legal agreement between you and The Sound Set Project, a division of Sound Notes LLC (together as one, "The Sound Set Project"). Please read this License Agreement carefully. The terms of this License Agreement apply to all software, products, services, the media on which you received it (if applicable), and all other associated materials including documentation, whether printed or electronic, including that which is available on or through The Sound Set Project's website (the "Website"). This License Agreement is incorporated into The Sound Set Project's Terms and Conditions which govern your use of all materials made available on, from, or otherwise contained in the Website.

Use of any software, product, service, or its associated media or documentation (collectively, the "Software") in any form whatsoever constitutes your acceptance of the terms of this License Agreement. If separate terms are provided with the Software certain different or additional terms (the "Additional Terms") may apply. If there is a contradiction between this License Agreement and the Additional Terms, the Additional Terms will control as related to that Software. By installing, copying, or otherwise using or obtaining the Software you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement you may not use or otherwise obtain the Software in any form.

1. Limited License and Permitted Use

1.1 The Sound Set Project grants to you a personal, non-transferable, and non-exclusive right to use the Software provided with this License Agreement when rightfully obtained and subject to the terms contained herein.

1.2 You may install, copy, use, access display, or run the Software on a maximum of two (2) computers concurrently for your own personal use.

1.3 If the Software is installed on a shared computer, or a computer to which other people have access, you must ensure that every person who can access the Software has purchased a license.

1.4 Notwithstanding Paragraph 1.3, if the Software is installed on a shared computer in your home or place of residence, members of your household are not required to purchase a license if they do not use the Software.

1.5 You may create one (1) backup or archive copy of the Software, subject to the restrictions in Paragraph 2.2, to be used by you only in the event the original copy is destroyed or becomes defective.

1.6 You may modify the Software for your own personal use subject to the terms of this License Agreement. You acknowledge and agree that any such modification may restrict, negate, or else render null and void any obligation of The Sound Set Project to you as regards the Software and:

(A) The Sound Set Project will retain all right, title, and interest in any such modifications;

(B) you will not distribute or otherwise make available any modified version of the Software.

2. Prohibited Use

2.1 You may not, without the prior express written consent of The Sound Set Project or as otherwise provided in this License Agreement:

(A) make, use, copy, merge, assign, transfer, sublicense, sell, loan, lease, rent, donate, or otherwise giveaway copies of the Software;

(B) disassemble, reverse engineer, or decompile the Software;

(C) modify, adapt, translate, or create derivative works of the Software, in whole or in part;

(D) attempt to circumvent or remove any copy protection, obfuscation, watermark, or other methods used to detect, limit, or otherwise prevent unauthorized use of the Software.

2.2 You must not, whether intentionally or unintentionally, make the Software available on any web server, file sharing network, shared directory or folder, ftp server, internet-based or "Cloud" file backup or similar service, or other location where any other person could potentially acquire a copy of the Software. It is your sole responsibility to prevent your copy of the Software from being accessed, used, or copied by others.

2.3 You may not use the Software with products, services, materials, or other goods, whether they are the property of The Sound Set Project or any third-party, for which you are not legally licensed or otherwise legally permitted to use. You may not use the Software in any way to violate intellectual property rights or copyright law.

3. Intellectual Property

3.1 All rights, title, and interest in and to the Software, including, but not limited to, any images, text, video, audio, and all accompanying materials are owned by The Sound Set Project or its licensors and suppliers.

3.2 The Software is licensed, not sold. Your rights to use the Software are stated in this License Agreement and The Sound Set Project retains all rights not expressly granted to you in this License Agreement.

3.3 You may not remove, obscure, modify, change, move, or otherwise alter any proprietary or identifying notice, label or mark, including, but not limited to, copyright, trademarks and service marks, contained on or in the Software.

4. DISCLAIMER OF WARRANTIES

4.1 THE SOFTWARE IS LICENSED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. THE SOUND SET PROJECT MAKES NO REPRESENTATION OR WARRANTY TO YOU THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, BE FREE FROM ERROR, OR THAT OPERATIONAL OR FUNCTIONAL DEFECTS IN ANY PART OF THE SOFTWARE WILL BE CORRECTED.

4.2 YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOFTWARE IN ANY FORM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SOFTWARE IN ANY WAY.

4.3 TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW THE SOUND SET PROJECT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

5. LIMITATION OF LIABILITY

5.1 IN NO EVENT SHALL THE SOUND SET PROJECT BE LIABLE FOR ANY DAMAGES WHATSOEVER, OF ANY KIND, EVEN IF THE SOUND SET PROJECT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING FROM THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT (WHETHER DIRECTLY OR INDIRECTLY), LOSS OF REPUTATION, LOSS OF DATA, OR OTHER INTANGIBLE LOSS.

5.2 SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET FORTH IN SECTIONS 4 AND 5 MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. IN ANY CASE, THE SOUND SET PROJECT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL AMOUNT PAID BY YOU TO THE SOUND SET PROJECT FOR THE SOFTWARE.

6. Upgrades

6.1 To use Software identified as an upgrade you must first be licensed to use the Software identified as being eligible for upgrade.

6.2 If you upgrade your Software, the upgraded software may be used only in accordance with this License Agreement. The original version of the Software may not be used at the same time as the upgraded Software.

7. Indemnification

7.1 You agree to indemnify and hold harmless The Sound Set Project, its employees and licensors from and against any loss or threatened loss, damage, and all claims and expenses, including attorneys' fees, arising out of your use of the Software, including, but not limited to, your violation of the License Agreement.

8. Severability

8.1 If any provision of the License Agreement is ruled by any court of law, having the jurisdiction to decide on this matter, to be invalid:

(A) that provision will be removed from the License Agreement and will not affect the rest of the License Agreement;

(B) the remaining provisions will continue to be valid and enforceable.

9. General

9.1 The License Agreement together with the Terms and Conditions with which it is incorporated constitute the entire legal agreement between you and The Sound Set Project as related to the Software.

9.2 You agree that the failure of The Sound Set Project to exercise or enforce any legal right or remedy which is contained in the License Agreement or Terms and Conditions, or to which The Sound Set Project has the benefit of under applicable law, will not be taken to be a formal waiver of The Sound Set Project's rights and that those rights or remedies will still be available to The Sound Set Project.

9.3 The License Agreement and any and all access or use of the Software will be governed by the laws of the state of Ohio in the United States of America without regard to its conflict of laws provisions. You and The Sound Set Project agree to submit to the exclusive jurisdiction of the courts located in the county of Wood, Ohio for any legal matter arising from the License Agreement.