Audio File License

PLEASE CAREFULLY REVIEW THE TERMS AND CONDITIONS IN THIS LEGAL AGREEMENT BEFORE DOWNLOADING THIS AUDIO FILE. BY DOWNLOADING THIS AUDIO FILE, YOU ARE ACCEPTING THE TERMS AND CONDITIONS IN THIS AGREEMENT BETWEEN YOU AND MUSIKD.COM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD CLICK ON THE "I DO NOT ACCEPT" BUTTON AND THE AUDIO FILE WILL NOT BE DOWNLOADED. IF YOU DO NOT ACCEPT THIS AGREEMENT AND OBTAINED THE AUDIO FILE FROM ANY OTHER SOURCE THAN MUSIKD.COM, THIS LICENSING AGREEMENT IS STILL IN FORCE.

Definitions
For purposes of this Agreement "Audio File" is defined as an mp3, Aiff, or any other sound containing file that Musikd.com either owns the copyright to, or has licensed the right to distribute. The terms "you", "your," "yourself," or "user" are synonymous, and refer to someone who has obtained an Audio File distributed by Musikd.com either directly from Musikd.com or from any other source.

License From Musikd.com to You
Musikd.com grants to you a personal, limited, non-exclusive, non-transferable license to install and use the Audio File on one or more computers, or mp3 players owned by you.

Restrictions
You agree that you will not: (1) make any copy of the Audio File except the copies described in the License section above or allow any person to use the Audio File other than you (2) rent, loan, resell or distribute the original Audio File or a copy of the Audio File to any other person for compensation of any kind; (3) make the Audio File available on any file-sharing service; (4) electronically send the Audio File to any person other than yourself; (5) sample or extract and content from the Audio File to create another audio or video product for public performance, display or any commercial purpose; or (6) use the Audio File to sync with any video used for commercial purposes, or for public display, or performance. Any person who received the Audio File through any of the prohibited methods specified in this section, or through any method other than obtaining a license for this Audio File from Musikd.com is not authorized to use the Audio File and is in violation of U.S. and International Copyright Law and subject to prosecution. You may not reproduce,modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the materials or content of the Audio File. You may not display the Audio File or artwork related to the audio file on websites, nor distribute the Audio File or artwork related to the Audio File, either electronically or via other media, to users seeking and/or storing The Audio File in a remote database accessible by end users, for a charge. Copyright and other laws protect the Audio File in its entirety. Other than the limited license granted in the License section of this Agreement, Musikd.com reserves all copyright,trade name,trademark,artwork, and other proprietary rights related to the Audio File. You may not sample, edit, or otherwise alter the Audio File.

Notwithstanding anything in this Agreement, Musikd.com has no responsibility or liability for damages or claims relating to any use of the Audio File and you agree to indemnify Musikd.com from against any claims relating to such use.

THE AUDIO FILE IS PROVIDED "AS-IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MUSIKD.COM, ITS AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, "REPRESENTATIVES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE AUDIO FILE INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY AND DAMAGES
YOU AGREE NOT TO HOLD MUSIKD.COM LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR PARTICIPATION IN THIRD PARTY SERVICES ADVERTISED ON MUSIKD.COM.
IN NO EVENT DOES MUSIKD.COM ASSUME ANY LIABILITY FOR THE MISUSE OF ANY AUDIO FILE AT ANYTIME.

Some states do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Miscellaneous
Musikd.com is entitled to enforce its rights hereunder by an action for damages or by specific performance, injunctive or other equitable relief.

This Agreement does not limit any rights that Musikd.com may have under copyright, trademark or other laws.This Agreement will be governed by Illinois law as applied to agreements entered into and to be performed entirely within Illinois, without regard to its choice of law or conflicts of law principles, and applicable federal law.