Music License Agreement

MUSIC END USER LICENSE AGREEMENT

This copy of the Blessed Bells audio track (“Audio Product”) is licensed and not sold. Carillon Solutions, LLC Audio Products are protected by copyright laws and treaties as well as laws and treaties related to other forms of intellectual property. Carillon Solutions, LLC or its subsidiaries, affiliates, and suppliers (collectively “Carillon Solutions”) own intellectual property rights in the Audio Product. The Licensee’s (“you” or “your”) license to download, use, copy, the Audio Product is subject to these rights and all the terms and conditions of the End User License Agreement (“Agreement”).

Acceptance

YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE “AGREE” OPTION AND DOWNLOADING THE AUDIO PRODUCT OR BY USING, OR COPING THE AUDIO PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THIS AUDIO PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT “DECLINE” AND YOU MUST NOT INSTALL, USE, OR COPY THE AUDIO PRODUCT.

License Grant

This Agreement entitles you to download and use one copy of the Audio Product. In addition, you may make one archival copy of the Audio Product. The archival copy must be on a storage medium other than a hard drive, and may only be used for the re-installation of the Audio Product. This Agreement does not permit the installation or use of multiple copies of the Audio Product, or the installation of the Audio Product on more than one computer at any given time, on a system that allows shared used of Audio Product, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user or each copy of the Audio Product.

Restriction on Transfer

Without first obtaining the express written consent of Carillon Solutions, you may not assign your right and obligations under the Agreement, or redistribute, encumber, sell, rent, lease, sub-license, or otherwise transfer your rights to the Audio Product.

Restrictions on Use

You may not use, copy, or install the Audio Product on any system with more than one computer, or permit the use, copying, or installation of the Audio Product by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Audio Product on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by the license.

Exceptions to Usage Restriction

The proceeding restrictions shall be in full force under all circumstances except:

• in the situation where the Audio Product is loaded on an additional computer such that a backup system may, being otherwise unutilized until such time the function of the backup system is needed, be ready to provide continuity of function in an otherwise primary system in the event of a failure in the primary system.
• in the situation where the Audio Product is loaded on a secondary system that is used to non-publicly rehearse in lieu of the use of the primary system.

Restriction on Alteration

You may not modify the Audio Product or create any derivative work of the Audio Product . You may not alter any files or any portion of the Audio Product.

Restrictions on Copying

You may not copy any part of the Audio Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium or the exceptions above allow. Otherwise, you may make one archival copy which must be stored on a medium other than a computer hard drive.

Limited Audio Product Warranty

For a period of 30 days from the date of shipment or from the date that you download the Audio Product, Carillon Solutions warrants that when properly installed and used under normal conditions, the Audio Product will perform substantially as advertised. There are NO REFUNDS for Audio Product. Carillon Solutions will replace the Audio Product if the product is otherwise unusable or corrupted.

Limited Storage Medium Warranty

For a period of 30 days from the date of shipment or from the date that you download the Audio Product, Carillon Solutions warrants that when properly installed and used under normal conditions, the storage medium on which the Audio Product is shipped (if applicable) will be free of material defects in material and workmanship.

Disclaimer of Warranties and Limitation of Liability

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY CARILLON SOLUTIONS, CARILLON SOLUTIONS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO , ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS THAT MAY BE PROVIDED WITH THE PRODUCT.

Carillon Solutions makes no warranty that the Audio Product will meet your requirements or operate under your specific conditions of use. Carillon Solutions makes no warranty that the use of the Audio Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE AUDIO PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE AUDIO PRODUCT TO MEET YOUR REQUIREMENTS. CARILLON SOLUTIONS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.


UNDER NO CIRCUMSTANCES SHALL CARILLON SOLUTIONS, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR AUDIO PRODUCT. WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF CARILLON SOLUTIONS OR ANY OTHER PARTY, EVEN IF CARILLON SOLUTIONS IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS CARILLON SOLUTIONS' ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

Limitation of Remedies and Damages

Your remedy for a breach of this Agreement or of any warranty included in the Agreement is the correction or replacement of the Audio Product. Selection of whether to correct or replace shall be solely at the discretion of Carillon Solutions. Carillon Solutions reserves the right to substitute a functionally equivalent copy of the Audio Product as a replacement. If Carillon Solutions is unable to provide a replacement or substitute Audio Product or corrections to the Audio Product, your sole alternate remedy shall be a refund of the purchase price for the Audio Product exclusive of any costs for shipping and handling.

Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include, malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Carillon Solutions to have been caused by you. All limited warranties on the Audio Product are granted only to you and are non-transferable. You agree to indemnify and hold Carillon Solutions harmless from all claims, judgments, liabilities, expenses, or costs arising from breach of this Agreement and/or acts or omissions.

Governing Law, Jurisdiction and Costs

This Agreement is governed by the laws of South Carolina, without regard to South Carolina conflict or choice of law provisions.

Severability

If any provision of the Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent of any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.