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Forums: Copyright: DOWNLOAD UPLOAD LICENSE AGREEMENT
hawk7771
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Subject: DOWNLOAD UPLOAD LICENSE AGREEMENT
Date: November 30, 2003 @ 9:12 PM
DOWNLOAD UPLOAD LICENSE AGREEMENT
This Copyright License Agreement ("License Agreement") is a legal agreement between you (either an individual or a single entity) or (CORPORATION) and hawk computer) ("hawk") for the accompanying DOWNLOADED OR UPLOAD SONG(s), which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (the DOWNLOADED OR UPLOAD SONG "). By installing, copying, or otherwise using the DOWNLOADED OR UPLOAD SONG, you agree to be bound by the terms of this License Agreement. If you do not agree to the terms and conditions of this License Agreement, do not download or upload or do not install or use the DOWNLOADED OR UPLOAD SONG; you may, however, return it to your place of download or upload, But just DELETE it from your computer.
THANK YOU FOR LICENSING THE USE OF THE DOWNLOADED OR UPLOADED SONG. IT IS IMPORTANT THAT YOU (THE "LICENSEE") READ THIS NOTICE CAREFULLY. THESE ARE THE ONLY TERMS AND CONDITIONS APPLICABLE TO YOUR RIGHTS WITH RESPECT TO THE DOWNLOADEDOR UPLOADED SONG. THE DOWNLOADED OR UPLOADED SONG(S) IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. THE DOWNLOADED OR UPLOADED SONG(S) IS NOT SOLD.
1. GRANT OF LICENSE
Hawk7771 hereby grants to Licensee a personal, non-exclusive, non-transferable license (a "License") to use one (1)DOWNLOADED or UPLOADED SONG(S), including any updates thereto, and accompanying documentation, if any, provided by hawk7771, according to the terms set forth below. If the downloaded or uploaded SONG is being provided to Licensee as an update to His or Hers Music to which Licensee has previously licensed (such software referred to as the "Prior Software"), then Licensee agrees to destroy all copies of the DOWNLOADED OR UPLOADED SONG within ONE (1) day after downloading song, except if it is for the one backup copy of the Prior brought music.
2. SCOPE OF USE
You may install and use one copy of the Downloaded OR UPLOADED SONG(S), on a single computer. The primary user of the computer on which the Downloaded OR UPLOADED Song is installed may never make a second copy for his or her exclusive use on a portable computer. Licensee may also store or install a copy of the Downloaded OR ULOADED Song on a storage device, for one day to hear the music downloaded OR UPLOADED.Then he must take it off of said storage device for good unless he has a copy of song he brought.Inwhich case he my keep said Downloaded OR UPLOADED Song for fair use as in the sony agreement.He or She then can use said SONG on network server, used only to install or run the Downloaded OR UPLOADED SONG on other computers over an internal network; however, you must acquire and dedicate a SONG for each separate computer on which the Downloaded Song is installed or run from the storage device. A license for the DOWNLOADED OR UPLOADED SONG( Product) may not be shared or used concurrently on different computers.
3. LICENSE PAK
1.you have acquired this LICENSE AGREEMENT in a hawk7771 License Pak, you may not make any number of additional copies of the computer Downloaded OR UPLOADED SONG(S) portion of the downloaded OR UPLOADED SONG as authorized in the hawk7771 License Pak, and you may use each copy in the manner specified above. You are also not entitled to make a corresponding number of secondary copies for portable computer use as specified above.
4. PROHIBITIONS
You may not: modify, prepare derivative works from, translate, reverse engineer, decompile, disassemble or otherwise derive source code from the Downloaded OR UPLOADED Song(S) (except to the extent that such acts are expressly permitted by applicable law notwithstanding this limitation); copy the Downloaded OR UPLOADED Song (except as provided above) or the accompanying documentation; rent, transfer, disclose, make available or grant any rights in the Downloaded Or UPloaded Song(s) (including any accompanying documentation) in any form to any person without the prior written consent of hawk7771; remove any proprietary notices, labels, or marks on the DOWNLOADED OR UPLOADED SONG (including any accompanying documentation); use the DOWNLOADED OR UPLOADED SONG (s) in any manner that infringes the intellectual property or other rights of another party; or use the DOWNLOADED OR UPLOADED SONG (s) to provide on-line or other database services to any other person.YOU MAY NOT COPY any-part of my COMPUTER for any reasons what so ever or withstanding without my prior written consent. THIS IS MY INTELLECTUAL PROPERTY AND MAY NOT BE COPIED.OR GO ANYWHERE WITHIN SAID COMPUTER. YOU ARE THEN THEREFORE HACKING MY COMPUTER.
5. RETENTION OF RIGHTS; TERMINATION
This License Agreement does not constitute a sale. All title, trade secrets, copyrights, patents and other intellectual rights to the DOWNLOADED OR UPLOADED SONG (s), its accompanying documentation and any copy made by Licensee remain with said copyrights, and Licensee hereby agrees to preserve and acknowledges the foregoing. Licensee further agrees and acknowledges that the HAWK COMPUTER and what ever is within hawk computer is copyrighted all copies thereof are hawk7771 exclusive property and constitute a valuable trade secret of hawk7771.except songs i do not own the copyrights nor do I claim to own those copyrights or intellectual property rights. Licensee further agrees and acknowledges that unauthorized copying of the DOWNLOADED OR UPLOADED SONG (s)or the accompanying documentation, or failure to comply with any of the provisions hereof (each, a "Terminable Event"), will result in automatic termination of this License. In the event of a violation of this License by Licensee, hawk7771 reserves and shall have available all legal remedies.
6. TERM OF LICENSE IS FOR TRIAL VERSION OF SONG(S)
The License pertaining to a trial version of the downloaded or uploaded song(s) (a "Trial Version") shall expire in accordance with the terms as set forth in the installation process for the Trial Version along with the designated trial period as set forth in the trial song(s). One day only.(1) Day Only
7. LIMITED WARRANTY AND DISCLAIMER
hawk7771 warrants that, for a period of One (1) day after delivery, Download OR UPLOADED Song (s)is furnished will, under normal use, be free from defects that prevent Licensee from loading the Downloaded OR UPLOADED Song (s) on a computer. hawk7771 entire liability and Licensee's exclusive remedy under this warranty will be, at hawk7771 option, to (a) use reasonable commercial efforts to attempt to correct or work around errors, or (b) to replace the DOWNLOADED ORUPLOADED SONG (s). (c) . AS replacement Song Product will be warranted for the remainder of the original warranty period or one (1) day, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by hawk771us The DOWNLOADED SONG is licensed to you on an "as is" basis without any warranty of any nature.
8. NO OTHER WARRANTIES
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, HAWK7771 AND ITS SUPPLIERS MAKE AND LICENSEE RECEIVES NO WARRANTIES OR CONDITIONS, OR TERMS, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH LICENSEE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, hawk7771 AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE DOWNLOADED SONG AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. LICENSEE SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, EFFICIENCY AND SUITABILITY OF THE DOWNLOADED OR UPLOADED SONG AND hawk7771 SHALL HAVE NO LIABILITY THEREFOR. HAWK7771 SHALL HAVE NO LIABILITY FOR, NOR OBLIGATION TO INDEMNIFY LICENSEE REGARDING ACTIONS ALLEGING THE INFRINGEMENT OF PROPRIETARY RIGHTS BY THE DOWNLOADED OR UPLOADED SONG. HAWK7771 DOES NOT WARRANT THAT THE OPERATION OF THE DOWNLOADED OR UPLOADED SONG (S) WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE DOWNLOADED OR UPLOADED SONG (S) WILL MEET LICENSEE'S SPECIFIC REQUIREMENTS. The Limited Warranty gives you no specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction.
9. LIMITATION OF LIABILITY
IN NO EVENT WILL HAWK7771 OR ITS SUPPLIERS BE LIABLE FOR LOSS OF DATA, CORRUPTION, LOST PROFITS, COST OF COVER, OR OTHER SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING FROM THE USE OF THE DOWNLOADED OR UPLOADED SONG (S) (INCLUDING ANY ACCOMPANYING DOCUMENTATION), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF HAWK7771 OR AN AUTHORIZED DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL HAWK7771 LIABILITY EXCEED THE AMOUNT PAID FOR WHICH IS NONE THE DOWNLOADED SONG. LICENSEE ACKNOWLEDGES THAT THE AMOUNTS PAID WHICH IS NOTHING BY LICENSEE FOR THE DOWNLOADED SONG REFLECT THIS ALLOCATION OF RISK. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not be applicable in certain instances. None of the above affects the statutory rights of licensees residing in the United Kingdom.
10. NOT FOR RESALE SONG
The Downloaded Or Uploaded Song is labeled "Not for Resale" or "NFR," then, notwithstanding section 1 of this License, your use of the DOWNLOADED OR UPLOADED SONG is limited to use for demonstration, test, or evaluation purposes,to buy a CD.
11. NO RENTAL; OTHER TRANSFERS
You may not transfer this License to another computer or workstation only on a permanent basis (that is, with no intent to transfer again) provided the computer, workstation, or other digital electronic device from which you have transferred this License no longer accesses or otherwise utilizes the Downloaded Song, and the Downloaded Song is used in accordance with the terms of this License Agreement.
12. TERMINATION
You may not terminate this License Agreement at any time. hawk7771 may terminate this License Agreement if you fail to comply with the terms and conditions of this License Agreement. In either event, you must destroy all copies of the Downloaded OR UPLOADED Song or Songs.
13. UPGRADE
If this License is an "Upgrade," you must have a valid license for the Prior downloaded song for this License Agreement to be valid, and this License Agreement must be used to replace such license for the Prior Software. The total number of license "Upgrades" you may acquire may not exceed the total number of computers, workstations, or other digital electronic devices that were licensed to access or otherwise utilize the Software Product at the time you upgraded the downloaded song.
14. GUIDELINES FOR THE USE OF DIGITAL CONTENT SONGS
If you are uncertain in as to whether your intended use is in compliance with the Guidelines set out below, we recommend that you seek the advice of your own attorney or legal counsel.
15. MISCELLANEOUS
This Agreement shall not be governed by the 1980 U. N. Convention on Contracts for the International Sale of Goods; rather, this Agreement shall be governed by English law. For there was no SALE of GOODS This Agreement constitutes the entire agreement between hawk7771 and Licensee and supersedes all prior agreements, understandings, communications, advertising, proposals or representations, oral or written, by either party. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or non-enforceability, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be amended only by an executed writing by authorized representatives of both parties.
If you downloaded this song you have agree with this licensee.)
14. GUIDELINES FOR THE USE OF DIGITAL CONTENT SONGS
If you are uncertain in as to whether your intended use is in compliance with the Guidelines set out below, we recommend that you seek the advice of your own attorney or legal counsel.
A. YOU MAY, subject to any restrictions set out below:
.1 You may not, however, resell, sublicense or otherwise make available the song (s) for use or distribution separately or detached from a product or web page. For example, the Apart of a Song (s) may be used as part of a web page design, but may not be made available for downloading. Or not more than 1/10 of said Song or Songs may be used or just Thirdty Seconds (30) seconds of said song may be used.
2.if for any reason what so ever i am only libel for .000000000001 of 1 penny U.S.. for what ever reason if you downloaded or uploaded song(s). if you downloaded said song or songs you agree to this license.
B. YOU MAY NOT
1. create scandalous, obscene, defamatory or immoral works using the SONG (s) nor use the Song(s) for any other purpose which is prohibited by law;
2. use or permit the use of the Song(s) or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the song(s) or any part thereof;
3. use the Song(s) in electronic format, on-line or in multimedia applications unless the following is met: (a) The SONG (s) are incorporated for Listening purposes only and no permission is given to download and/or save the Song(s) for any reason.
4. rent, lease, sublicense or lend the SONG (s), or a copy thereof, to another person or legal entity. You may not, however, transfer all your license to use the Song(s) to another person or legal entity, provided that (i) you transfer the SONG(s) and this License, including all copies (except copies incorporated into your work product as permitted under this License), to such person or entity, (ii) that you retain no copies, including copies stored on a computer or other storage device, and (iii) the receiving party agrees to be bound by the terms and conditions of this License;
5. use any SONG (s) except as expressly permitted by this Licenses
6. under no circumstance may you copy, download, save, save as, or read anything within my computer, without my prior written consent. or go within my computer except where the download song is, you can only download one song for back up purpose only
7.if for what ever reason you have, i am only libel up to .0000000001 of one(1) penny U.S.. if you downloaded or uploaded a song(s),you agree to this
8. RIAA, MPAA or under contract with said Industires, Company or Persons with these said enities or not with said Industry are not allowed on said computer for any reason what so ever. You may not copy download, upload anything not one Kbs. You may not have my IP Address or anything from my hard drive or any where my Identity is stored.I own the copyright to it where ever it is located whether it on my hard drive or someone else If you copied or looked at said hard drive If by doing so you then agree to pay me 30 billion dollars. If I enforce this or not is up to me. enter or leave now. |
leflaw
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Subject: Re: DOWNLOAD UPLOAD LICENSE AGREEMENT
Date: November 30, 2003 @ 9:12 PM
Interesting. Where does this come from. |
hawk7771
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Subject: Re: DOWNLOAD UPLOAD LICENSE AGREEMENT
Date: November 30, 2003 @ 9:12 PM
i took from it from a free program i download changed some words and added a few i do not remember which program did it as a joke about how long they were on and how they were not libel for anything about six or eight months ago had to change it around for this post |
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