path: root/licenses/amazonmp3

*Amazon MP3 Music Service: Terms of Use*

THIS IS AN AGREEMENT BETWEEN YOU AND AMAZON DIGITAL SERVICES, INC. (WITH
ITS AFFILIATES, "AMAZON" OR "WE"). BEFORE USING THE AMAZON MP3 MUSIC
SERVICE (THE "SERVICE"), PLEASE READ THESE TERMS OF USE, ALL RULES AND
POLICIES RELATED TO THE SERVICE (INCLUDING, BUT NOT LIMITED TO, ANY
PRODUCT-SPECIFIC RULES OR USAGE PROVISIONS SPECIFIED ON ANY PRODUCT
DETAIL PAGE OR IN ANY LINK FROM A PRODUCT DETAIL PAGE), THE AMAZON.COM
PRIVACY NOTICE, AND AMAZON.COM CONDITIONS OF USE (COLLECTIVELY, THIS
"AGREEMENT"). IF YOU USE THE SERVICE, YOU WILL BE BOUND BY THE TERMS OF
THIS AGREEMENT.

   1. The Service
   2. Digital Content
   3. Software
   4. Reservation of Rights
   5. Territorial Restrictions
   6. General

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*1. The Service*

The Service offers downloads of digitized versions of audio recordings,
artwork and information relating to such audio recordings, and other
content (individually and collectively, "Digital Content") and other
services under the terms and conditions in this Agreement.

*2. Digital Content*

*2.1  License. *Upon your payment of our fees for Digital Content, we
grant you a non-exclusive, non-transferable license to use the Digital
Content for your personal, non-commercial, entertainment use, subject to
and in accordance with the terms of this Agreement. You may copy, store,
transfer and burn the Digital Content only for your personal,
non-commercial, entertainment use.

*2.2  Restrictions. *You represent, warrant and agree that you will use
the Service only for your personal, non-commercial, entertainment use
and not for any redistribution of the Digital Content or other use
restricted in this Section 2.2. You agree not to infringe the rights of
the Digital Content's copyright owners and to comply with all applicable
laws in your use of the Digital Content. Except as set forth in Section
2.1 above, you agree that you will not redistribute, transmit, assign,
sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or
otherwise transfer or use the Digital Content. You are not granted any
synchronization, public performance, promotional use, commercial sale,
resale, reproduction or distribution rights for the Digital Content. You
acknowledge that the Digital Content embodies the intellectual property
of a third party and is protected by law.

*2.3  Explicit Content. *You agree that we have no liability to you for
Digital Content you find to be offensive, indecent or objectionable.

*2.4  All Sales Final; Downloading and Risk of Loss; Availability of
Digital Content. *All sales of Digital Content are final. We do not
accept returns of Digital Content. Once you have purchased Digital
Content, we encourage you to download it promptly and to make back-up
copies of it. If you are unable to complete a download after having
reviewed our online help resources, please contact Amazon customer
service. You bear all risk of loss after purchase and for any loss of
Digital Content you have downloaded, including any loss due to a
computer or hard drive crash. We may, from time to time, remove Digital
Content from the Service without notice.

*3. Software*

*3.1  General. *We may make available to you, from time to time,
software for your use in connection with the Service (any and all such
software, individually and collectively, the "Software").

*3.2  Use of the Software. *You may use the Software only in connection
with the Service. You may not separate any individual component of the
Software for use other than in connection with the Service, may not
incorporate any portion of it into your own programs or compile any
portion of it in combination with your own programs, may not transfer it
for use with another service, or use it, or any portion of it, over a
network and may not sell, rent, lease, lend, loan, distribute or
sub-license the Software or otherwise assign any rights to the Software
in whole or in part. We may discontinue some or all of any Software we
provide, and we may terminate your right to use any Software at any time
and in such event may modify it to make it inoperable.

*3.3  No Reverse Engineering, Decompilation, or Disassembly; Updates.
*You may not, and you will not encourage, assist or authorize any other
person to, modify, reverse engineer, decompile or disassemble the
Software, whether in whole or in part, or create any derivative works
from or of the Software. We may offer updates of the Software, from time
to time, for feature enhancement, security or other purposes. We will
not automatically update the Software, unless you authorize us to do so.

*3.4  Export Regulations; Government End Users. *You agree to comply
with all export and re-export restrictions and regulations of the
Department of Commerce and other United States agencies and authorities
that may apply to the Software. If you are a U.S. Government end user,
we are licensing the Software to you as a "Commercial Item" as that term
is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. �
2.101), and the rights we grant you to the Software are the same as the
rights we grant to all others under this Agreement.

*3.5  Damages Cap. *Without limiting the Disclaimer of Warranties and
Limitation of Liability in the Amazon.com Conditions of Use, in no event
shall our or our software licensors' total liability to you for all
damages (other than as may be required by applicable law in cases
involving personal injury) arising out of or related to your use or
inability to use the Software exceed the amount of fifty dollars
($50.00). This limitation will apply even if the remedy fails of its
essential purpose.

*4. Reservation of Rights*

Except for the rights explicitly granted to you in this Agreement, all
right, title and interest in the Service, the Software and the Digital
Content are reserved and retained by us and our licensors. You do not
acquire any ownership rights in the Software or Digital Content as a
result of downloading Software or Digital Content.

*5. Territorial Restrictions*

As required by our Digital Content providers, Digital Content will,
unless otherwise designated, be available only to customers located in
the United States.

*6. General*

*6.1  Termination; Amendments. *Your rights under this Agreement will
automatically terminate without notice from us if you fail to comply
with any of its terms. In case of such termination, you must cease all
use of the Software and Digital Content, and we may immediately revoke
your access to the Service without notice to you and without refund of
any fees. Our failure to insist upon or enforce your strict compliance
with this Agreement will not constitute a waiver of any of our rights.
We may amend any of this Agreement's terms at our sole discretion by
posting the revised terms on the Service's website. Your continued use
of the Service, the Software or the Digital Content after any such
amendment's effective date evidences your agreement to be bound by it.

*6.2  Third-Party Beneficiaries. *Digital Content copyright owners are
intended third-party beneficiaries under this Agreement and may enforce
this Agreement against you.

*6.3  Contact Information. *For communications concerning this
Agreement, please write to Amazon.com, Attn: Legal Department, 1200 12th
Avenue South, Suite 1200, Seattle, WA, 98144-2734.