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End-User License Agreement (EULA)

for  musicbox4musicians & musicbox4fans Mobile Application Software

 

This End-User License Agreement ("EULA") is a legal agreement between you and musicbox4musicians LLC. 

 

This EULA agreement governs your acquisition and use of our musicbox4musicians software ("Software") directly from musicbox4musicians LLC or indirectly through a musicbox4musicians LLC authorized reseller or distributor (a "Reseller"). Our Privacy Policy was created by the Privacy Policy Generator.

Please read this EULA agreement carefully before completing the installation process and using the musicbox4musicians software. It provides a license to use the musicbox4musicians LLC  software and contains warranty information and liability disclaimers.

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If you register for a free trial of the musicbox4musicians software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the musicbox4musicians software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.

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This EULA agreement shall apply only to the Software supplied by musicbox4musicians LLC herewith regardless of whether other software is referred to or described herein. The terms also apply to any musicbox4musicians updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

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License Grant

musicbox4musicians LLC hereby grants you a personal, non-transferable, non-exclusive license to use the musicbox4musicians software on your devices in accordance with the terms of this EULA agreement.

You are permitted to load the musicbox4musicians software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the musicbox4musicians software.

You are not permitted to:

  • Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things

  • Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose

  • Allow any third party to use the Software on behalf of or for the benefit of any third party

  • Use the Software in any way which breaches any applicable local, national or international law

  • use the Software for any purpose that musicbox4musicians LLC considers is a breach of this EULA agreement

 

Intellectual Property and Ownership

musicbox4musicians LLC shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of musicbox4musicians LLC.

musicbox4musicians LLC reserves the right to grant licenses to use the Software to third parties.

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License You Grant to Musicbox4musicians

Musician/Artist subscriber User content

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Musicbox4musicians LLC does not claim any ownership rights to the User Content you post or upload to the Musicbox4musicians app.   After posting User Content to the Service, as between you and Musicbox4musicians LLC, you will continue to retain any rights you have in your User Content, including any intellectual property rights, or  any other proprietary rights you may have associated with the user content you post or upload,  subject to the license you grant Musicbox4musicians LLC, and all entities owned by Musicbox4musicians LLC in the next paragraphs of this section.

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By granting this license to Musicbox4musicians LLC, the Musicbox4musicians app/platform will provide the apparatus by which you as the artist will be able to directly receive 100% of royalties, whose selling price you prescribe for each piece of music you upload,  to the extent that a third party card processor deducts their processing fee.  Your music will not be streamed to the end user, other than an audition of the content,  unless and until the music fan end user purchases or pays for that piece of music.  Musicbox4musicians is DMCA compliant, and is a registered DMCA Agent.  Musicbox4musicians LLC  respects the rights of intellectual property owners.  Copyright infringement will not be tolerated. Please refer to our Terms and Conditions section to review our Copyright Policy. 

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By signing up (including free trial period),  subscribing to, making payments to, and uploading music to the Musicbox4musicians app/platform, you, on behalf of your Subscribing Entity, grant Musicbox4musicians LLC a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use such User Content through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with Musicbox4musicians LLC and its music streaming service and the promotion and marketing of Musicbox4musicians app/platform.  By signing up, subscribing and hereby granting this license to Musicbox4musicians LLC, you promise that you own or have the rights to post or upload such user content, and that such user content does not violate or infringe upon the rights of any third party, including intellectual property rights, without limitation copyright, or any other contractual agreement. 

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  To the extent you provide User Content that contains your name, likeness or photograph, you further grant us the non-exclusive, fully paid, worldwide right to use such name, likeness, and photograph on  the Musicbox4musicians app/platform, music streaming service and in our marketing communications to advertise, market and promote the availability of your User on Musicbox4musicians  music streaming service. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, and your right to object to derogatory treatment of such User Content.

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Termination

This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to musicbox4musicians LLC.

It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

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Governing Law

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of the US.

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