Metascape Media™ -

Metascape Media™ Music Store Music and Audio Digital Download EULA*

Introduction
Definitions
Fair Use Rights
License Grant
Restrictions
Representations, Warranties and Disclaimer
Limitation on Liability
Termination
Miscellaneous

1. Introduction:

On behalf of everyone at Metascape Media, I would like to thank you for your purchase, and hope the audio media you received gives you many hours of listening pleasure. As always, customer satisfaction is our priority. If you experience any technical problems concerning your purchase, please don't hesitate to contact technical support for assistance.

Your purchase also includes access to Metascape Medias Customer Community Forums. So after you purchase your new media, please go the the Customer Only Forums, register an account, and usually within a few hours, you will be granted access, where you can talk to other customers, voice your opinion, or get help for anything related to your purchase.

This webpage IS the End User License Agreement, (EULA), for your purchase from Metascape Media. Please take the time to read this license. By purchasing media from the Metascape Media Metastore, you must agree to the terms herein. A text only version of this EULA may be found here.

THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS PUBLIC LICENSE. THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.

BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. METASCAPE MEDIA GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.

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2. Definitions:

"Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
"Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License.
"Licensor" means the individual or entity that offers the Work under the terms of this License, being Metascape Media.
"Original Author" means the individual or entity who created the Work.
"Work" means the copyrightable work of authorship offered under the terms of this License.
"You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from Metascape Media to exercise rights under this License despite a previous violation.

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3. Fair Use Rights:

Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.

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4. License Grant:

Subject to the terms and conditions of this License, Metascape Media hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:

You are granted the right to use the Metascape Media Music Store Digital Downloads for personal, noncommercial use only. An exception to this grant excludes all Metasounds collections in which the Musician "using" Metasound content during recording, or performance, NOT commercial re-sale, is granted commercial use thereof, abiding to the term that ALL Metasounds content "used" adhere to credit given toward Metascape Media. The "noncommercial use only" grant applies strictly toward "The Music of MEL" media content.
You are granted the right to export, record to a digital medium, (ex. An audio CD), or copy Music solely for personal, noncommercial use; Subject to section 4(1).
To reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works; Subject to section 4(1).

The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats, but otherwise you have no rights to make Derivative Works. All rights not expressly granted by Metascape Media are hereby reserved, including but not limited to the rights set forth in Sections 4(1), 4(2), and 4(3).

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5. Restrictions:

The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:

You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation.
If you publicly display, or publicly digitally perform the Work, You must keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing:

the name of the Original Author (or pseudonym, if applicable) if supplied, and/or
if the Original Author and/or Metascape Media designate another party or parties (e.g. a sponsor institute, publishing entity, journal) for attribution in Metascape Media 's copyright notice, terms of service or by other reasonable means, the name of such party or parties; the title of the Work; and to the extent reasonably practicable, the Uniform Resource Identifier, ( www.metascapemedia.com ), that Metascape Media specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work. Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.

For the avoidance of doubt, where the Work is a musical composition:

Performance Royalties Under Blanket Licenses. Metascape Media reserves the exclusive right to collect, whether individually or via a performance rights society (e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital performance (e.g. webcast) of the Work if that performance is primarily intended for or directed toward commercial advantage or private monetary compensation.
Mechanical Rights and Statutory Royalties. Metascape Media reserves the exclusive right to collect, whether individually or via a music rights agency or designated agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from the Work ("cover version") and distribute, subject to the compulsory license created by 17 USC Section 115 of the US Copyright Act (or the equivalent in other jurisdictions), if Your distribution of such cover version is primarily intended for or directed toward commercial advantage or private monetary compensation.

Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Work is a sound recording, Metascape Media reserves the exclusive right to collect, whether individually or via a performance-rights society (e.g. SoundExchange), royalties for the public digital performance (e.g. webcast) of the Work, subject to the compulsory license created by 17 USC Section 114 of the US Copyright Act (or the equivalent in other jurisdictions), if Your public digital performance is primarily intended for or directed toward commercial advantage or private monetary compensation.
The delivery of the Metascape Media Music Store Digital Download does not transfer any commercial or promotional use rights to You, the end user.

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6. Representations, Warranties and Disclaimer:

UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES IN WRITING, METASCAPE MEDIA OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.

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7. Limitation on Liability:

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL METASCAPE MEDIA BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF METASCAPE MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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8. Termination:

This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Collective Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Metascape Media reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.

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9. Miscellaneous:

Each time You publicly digitally perform the Work or a Collective Work, Metascape Media offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Metascape Media shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of Metascape Media and You. Metascape Media reserves the right to change this EULA at anytime, without notice; those changes would only affect new purchases that received this EULA.

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