IMPORTANT, PLEASE READ CAREFULLY: THIS END USER LICENSE AGREEMENT “EULA” IS A LEGAL AGREEMENT BETWEEN YOU (AS AN INDIVIDUAL OR ENTITY, “YOU” THE “CUSTOMER”) AND LITTLE COMPOSERS, FOR PRODUCTS AND SERVICES, WHICH MAY INCLUDE COMPUTER SOFTWARE AND ASSOCIATED DOCUMENTATION (“SOFTWARE”). BY INSTALLING OR OTHERWISE USING THE SOFTWARE OR RECEIVING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, DO NOT USE THE SOFTWARE OR SERVICES.
1.0 License Grant. This EULA grants you, the user, a non-exclusive, non-transferable license to use the educational music software apps while you are enrolled in one or more courses under the terms and conditions stated herein. The software apps can be loaded into your web browser for the duration of your course as well as the duration of your membership. This EULA can be updated from time to time, in Little Composers’s sole discretion and will be made available at www.littlecomposer.com
2.0 Permissible Use. You may use the software apps only with the account you have registered or purchased. You are permitted to make copies of the Software and documentation for your own use in accordance to EULA. Any copies or partial copies of the software apps and documentation that you make must incorporate all copyright and trademark notices.
3.0 Prohibited Use. You may not (a) sell, sub-license, rent or lease the software apps to another party, (b) de-compile, disassemble, reverse engineer or modify the software apps in any manner, (c) use the Software in violation of any applicable laws or regulations, or (d) make the software apps available on any type of public sharing website or forums. You agree that you may not disclose, transfer or otherwise make available the results of any performance or functionality tests of the Software, to any third party without the prior written consent of Little Composers.
4.0 Evaluation and “Not for Resale” Licenses. The software apps may be provided to you for beta, demonstration, test or evaluation purposes, or are labeled as “Not for Resale” (“NFR”). The license granted under an Evaluation, Beta or NFR license shall be for a term of thirty (60) days (the “Evaluation Period”) unless otherwise provided by Little Composers, limited specifically for evaluation or demonstration purposes only. You agree not to use the software apps under an Evaluation License in a classroom environment and your use of a Beta or Evaluation License software apps is at your sole risk. There is no obligation to support, maintain or provide any assistance regarding any of these licenses. In no event will Little Composers be liable for any damages for any claim or cause for any direct, actual, indirect damages, loss of data, consequential, incidental or special indirect damages, even if Little composers has been advised of the possibility of such damages.
5.0 Free Licenses and Community Licenses. You may not use the Free and Beta Licenses to provide services to third parties. These versions can be used without additional purchase and can be upgraded to paying versions of the products to unlock additional functionality and features. There is no obligation to support, maintain or provide any assistance regarding any of these licenses. In no event will Little Composers be liable for any damages for any claim or cause for any direct, actual, indirect damages, loss of data, consequential, incidental or special indirect damages, even if Little Composers has been advised of the possibility of such damages.
6.0 Maintenance and Support (“Maintenance”), is not included in the software apps regardless if you purchased an online course or access a demo version which, from time to time, might be made available to select users.
7.0 Technical Information Collection. You agree that Little Composers may, for business purposes and improving the Software apps, collect, process and use technical information that is gathered as part of any product maintenance and support services provided to you, and any other technical information you provide to Little Composers, provided that such information does not identify You, a specific individual, or contain any personally identifiable information. By providing technical data and information to Little Composers, you consent to Little Composers’s storage and processing of such technical information for purposes of providing Software and support to you.
9.0 Intellectual Property Rights. All right, title and interest to the intellectual property rights in and to the Software are owned by Little Composers and / or its licensors and is protected by Swiss, United States and other country copyright, trade secret and other laws and international treaties. Such licensors, in addition to any other rights or remedies available to them, are third party beneficiaries of this EULA for their respective software. This Software is LICENSED, NOT SOLD. The purchase of the Software license (perpetual or subscription), is non-returnable and non-refundable. All of our software apps are copyright, and certain trademarks and logos used in the software are protected by trademarks. A list of patents and trademarks can be found at https://www.veeam.com/veeam-patents-and-registered-trademarks.html.
10.0 Little Composers Forums. Any information that you post on the Little Composers Community or Support Forums is deemed non-confidential to you. Little Composers has no obligation to manage or protect any information (confidential or personal) that you disclose on the Little Composers Community or Support Forums.
11.0 Limited Warranty and Limitation of Liability. Little Composers warrants that it has the right and authority to grant the License under this EULA. Little Composers will defend or, at its option, settle any action against End User based upon a claim that its use of the Software infringes any patent, copyright or other intellectual property right of a third party, and will indemnify End User against any amounts awarded against End User as a result of the claim, provided Little Composers is promptly notified of the assertion of the claim and has control of its defense or settlement. Little Composers warrants that the Software, in its unmodified form as initially delivered or made available to End User, will perform substantially in accordance with the Documentation for a warranty period of ninety (90) days from the date the Software is first accessed by the End User. In the event the Software fails in a material respect to operate in accordance with the Documentation during the durtation of a course and Little Composers is unable to correct the defect, Little Composers’s sole and exclusive liability and End User’s sole and exclusive remedy shall be a refund of the Course Registration fee, if any, paid by End User for the Software. In the event a reported problem with the Software is End User’s fault, End User agrees to reimburse Little Composers for its correction efforts in accordance with its then standard rates. The foregoing limited warranty will not apply if failure of the Software is the result of damage or misuse caused by End User. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED ‘AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LITTLE COMPOSERS OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY LITTLE COMPOSERS DISTRIBUTORS OR RESELLERS, SHALL CREATE ANY WARRANTY IN ADDITION TO, OR IN ANY WAY INCREASE THE SCOPE OF, THE LIMITED WARRANTY. In no event will Little Composers, its affiliates, resellers, or distributors or suppliers be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the Software, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof.
12.0 General. This Agreement sets forth Little Composers’s entire obligation and End User’s exclusive rights with respect to the Software and, except to the extent otherwise specifically provided in a purchase order or other written communication or advertising signed or jointly issued by both parties with respect to the Software, supersedes any conflicting terms of any purchase order and any other communication or advertising with respect to the Software. No failure of either party to exercise or enforce any of its rights under this EULA will act as a waiver of those rights. If any provision of this EULA is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this EULA will not be affected. This EULA will be governed by the laws of Canada, without regard to its choice of law principles. You agree that exclusive jurisdiction for any claim or dispute arising out of or in connection with this EULA resides in the Courts of Canada in the Province of British Columbia. This Agreement and the underlying licenses may not be assigned without completely removing the software installation from the assignor, notifying and providing Little Composers with the assignee contact information (for support purposes), and is subject to the assignee agreeing to and complying with the terms and conditions of this Agreement.