Limited License (Poesybeat)

The sound recording (the "Poesybeat") that you are about to download is protected by copyright and other applicable laws. The Poesybeat is owned by its author or respective author(s) (the "Poesybeat Author") who uploaded the Poesy to the poesybeat workshop found at poesybeat.org (the "Poesybeat Workshop") and may have been created as a derivative work of another copyrighted work under license (e.g. a poesy or beat of another member of the Poesybeat Workshop). By downloading the Poesybeat, you warrant that you are a member of the Poesybeat Workshop and agree to be bound by the terms of this limited license, which is an agreement between you (the person downloading the Poesybeat) and the Poesybeat Author. No other person or entity is a party to this agreement, and there are no third-party beneficiaries to this agreement.

Terms:

  1. Limited License: Upon downloading the Poesybeat, you have no rights in the Poesybeat, except that you have the right to listen to, and make copies of, the Poesybeat for your own personal entertainment. This limited license gives you no right to create derivative works from the Poesybeat (including creating another poesybeat) or to broadcast, publicly perform, publish or otherwise display the Poesybeat without the express written consent of the Poesybeat Author, who may only be contacted for such purpose if he or she has expressly authorized such contact by so indicating in his or her member profile in the Poesybeat Workshop.
  2. No Representations or Warranties/Limitation of Liability: THE POESYBEAT IS OFFERED TO YOU UNDER THIS LIMITED LICENSE ON AN AS-IS BASIS. THE POESYBEAT AUTHOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE POESYBEAT OR FILE CONTAINING THE POESYBEAT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, RIGHT OF TITLE, ABSENCE OF DEFECTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL THE POESYBEAT AUTHOR BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR LOSS OR DAMAGE (WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE) RESULTING FROM YOUR USE OF THE POESYBEAT.
  3. Term of License/Termination: This limited license shall be perpetual but shall terminate if the copyright in the Poesybeat terminates or if you breach any term of this limited license. In the event that this limited license terminates by reason of your breach of any term, Sections 2 through 6 shall survive termination of this limited license.
  4. No Waiver: The Poesybeat Author shall not be deemed to have waived any term or provision of this limited license or consented to any breach of this limited license, unless so stated in a writing signed by the Poesybeat Author.
  5. Entire Agreement/Amendment: This limited license constitutes the entire agreement between the Poesybeat Author and you with respect to the Poesybeat. This limited license may be modified solely by a written agreement signed by you and the Poesybeat Author.
  6. Severability: If any provision of this limited license is held invalid or unenforceable, in whole or part, then such provision shall be modified to the minimum extent necessary to make it enforceable or, if not possible, shall be removed and the remainder of this limited license shall remain in full force and effect.