Terms and Conditions – TheABCD.com educational resources

 

TheABCD.com LICENSE AGREEMENT

1.  General.  The A/B CD product (multimedia PDFs and DAW files consisting of software, documentation, interfaces, content, and any other accompanying data whether preinstalled on other hardware, on disk, in read only memory, or any other media or in any other form collectively, the “A/B CD Product”) is licensed, not sold, to you by TheABCD.com and Steve Carr (the “Author”) for use only under the terms of this License. It is not to be re-sold, rented, reproduced, uploaded, shared or introduced into any cloud or library retrieval systems, transmitted in part or in whole, in any form or by any means (electronic, mechanical, photocopying, recording, or otherwise) without prior written permission from the author. The Author retains ownership of the A/B CD Product and reserves all rights not expressly granted to you.

2.  Permitted License Uses and Restrictions.

A.  License.  Subject to the terms and conditions of this License, you have the right to use the A/B CD Product as set forth in these Store Terms and Conditions (“Usage Rules”), and are granted a limited, non-transferable, non-exclusive license: (i) to download, install, use as directed and run for personal, non-commercial use, one (1) copy of the A/B CD Product directly on a computer you own and (ii) install a copy of that A/B CD Product onto a second computer you own.

B. Content and Digital Materials.  Title and intellectual property rights in and to any content displayed by or accessed through the A/B CD Product belong to the Author, the owner. Such content is protected by copyright and other intellectual property laws and treaties.  Except as otherwise provided in this License, (i) this License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you, and (ii) you may not use, extract or distribute, commercially or otherwise, on a standalone basis, any photographs, images, graphics, artwork, audio, video, programming, or similar assets (“Digital Materials”) contained within, or provided as a part of, the A/B CD Product, or otherwise use the Digital Materials outside the context of its intended use as part of the A/B CD Product.
C. Other Use Restrictions.  The grants set forth in this License do not permit you to, and you agree not to, install, use or run the A/B CD Product on any computer not owned by you or to enable others to do so.  Except as otherwise permitted by the terms of this License or otherwise licensed by the Author: (i) only you may use the A/B CD Product, and (ii) you may not upload, or introduce the A/B CD Product into any cloud or library retrieval systems, or make the A/B CD Product available over a network, in part or in whole, where it could be run or used by multiple users or computers at the same time. You may not rent, lease, lend, sell, redistribute, reverse engineer, repackage or sublicense the A/B CD Product.
D. Compliance with Laws.  You agree to use the A/B CD Product in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download and/or use the A/B CD Product.

3.  Transfer.  A/B CD Product is not transferable.  If you sell your computer containing the A/B CD Product to a third party, you must remove the A/B CD Product from the computer before doing so.
4. Termination.  This License is effective until terminated.  Your rights under this License will terminate automatically or otherwise cease to be effective without notice from the Author if you fail to comply with any term(s) of this License.  Upon the termination of this License, you shall cease all use of the A/B CD Product and destroy all copies.

5.  Disclaimer of Warranties.

A.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE A/B CD PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
B.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE A/B CD PRODUCT IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE AUTHOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE A/B CD PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
C.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE AUTHOR OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.  SHOULD THE A/B CD PRODUCT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

6.  Limitation of Liability.  TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE A/B CD PRODUCT. In no event shall the Author’s total liability to you for all damages (other than as may be required by applicable law) exceed the amount of the cost paid for A/B CD Product. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
7.  Complete Agreement; Governing Language.  This License constitutes the entire agreement between you and the Author relating to the use of the A/B CD Product and supersedes all prior or contemporaneous understandings regarding such subject matter.  No amendment to or modification of this License will be binding unless in writing and signed by the Author.