End User License Agreemnet
IMPORTANT: Carefully read all terms and conditions of this agreement prior to your registration.
This is a legal agreement between you, the end user and, Kiesel Software á Islandi ehf. (Kiesel Software), Hraunbær 146, 110 Reykjavík, Iceland. By registering, you indicate your acceptance of the following license agreement. If you do not agree to these terms and conditions, please do not continue the registration process.
Note that this is a license agreement and not an agreement for sale. Kiesel Software will continue to own any physical medias, documentation and access information provided.
1. The Granted License
You have the non-exclusive right to access the Kiesel Software User Area. You may not distribute any content found in the User Area to others. You may not modify or translate the contents in the User Area or related documentation without the prior consent of Kiesel Software.
2. Material Use
2.1 You hereby grant us, or by the act of by submitting music, program banks or other content (hereinafter referred to us "Material") using email or other means, a non-exclusive, worldwide, royalty-free license to: create and use samples of the delivered Material for the purpose of demonstrating or promoting our products or services; reproduce, distribute, publicly inform, publicly display, digitally perform, the Material, in whole or in part, and use the name and likeness of any individuals represented in the Material.
a. You retain ownership of the copyrights and all other rights in your music, subject to the non-exclusive rights granted to us under this agreement. You are free to grant similar rights to others during and after the term of this agreement.
b. You represent and warrant that the Material is your or your band's own original work, and contains no sampled material, that you have full right and power to enter into and perform this agreement, have the right to grant the rights and licenses, and have secured all third party consents necessary to enter into this agreement, that the Material does not and will not infringe on any third party's copyright, patent, trademark, trade secret, or other proprietary rights, rights of publicity or privacy, or moral rights, the Material does not and will not violate any law, statute, ordinance or regulation, the Material is not and will not be defamatory, trade libelous, pornographic or obscene, and the Material does not and will not contain any viruses or other programming routines that detrimentally interfere with the computer systems or data. All factual assertions that you have made and make to us are true and complete. You agree to indemnify and hold us and our customers harmless from any and all damages and costs, including reasonable attorney fees, arising out of or related to your breach of the representations and warranties described in this section. You agree to execute and deliver documents to us, upon our reasonable request, that evidence or effectuate our rights under this agreement.
c. In the event of a breach of this agreement, then all costs and expenses including reasonable attorney fees incurred by the prevailing party therein shall be paid by you. Should Kiesel Software be named as a defendant in any suit brought by or against you in connection with or arising out of your Material, you shall pay to Kiesel Software its costs and expenses incurred in such suit including reasonable attorney fees.
The access information and all content within the User Area is owned by Kiesel Software and is protected by Icelandic and international treaty provisions. You may not use, copy, modify, translate or transfer the content or any copy thereof, except as provided in this agreement.
You may not rent or lease the access information given to any party. If you however, transfer the software license on a permanent basis you should immediately contact Kiesel Software to have them remove the license from your access account for the User Area. The new owner of the license can than register as a new user to the User Area.
The license is effective until terminated. You may terminate it by contacting Kiesel Software and tell them to close your User Area account. The license will also terminate if you fail to comply with any term or condition of this agreement. You agree upon such a termination to destroy all copies of any content found in the User Area. Kiesel Software can always terminate this agreement with a 1 month notice.
6. Limited Warranty
Kiesel Software warrants that the User Area is free from major defects in material and workmanship and will perform substantially in accordance with the design under normal use.
7. Limitation of liability
Neither Kiesel Software nor anyone else who has been involved in the creation, production, or delivery of the User Area shall be liable for any indirect, consequential or incidental damages arising out of the use or inability to use the User Area even if Kiesel Software has been advised of the possibility of such damage or claim. In jurisdictions where legal liability due to compulsory law cannot be excluded, Kiesel Software's liability is limited to the amount paid for the software license registered.
8. Governing law
This agreement shall be governed and construed solely by the laws of Iceland without giving effect to any conflict of laws provision thereof. You and Kiesel Software agree to submit to the exclusive jurisdiction of the courts in Reykjavik, Iceland. If any part of the Agreement is found void and/or unenforceable it will not affect the balance of the Agreement, which shall remain valid and binding according to its terms.
By registering, you acknowledge that you have read this agreement, understood it, and agree to be bound by its terms and conditions. You also agree that this agreement is the complete and exclusive statement of agreement between the parties and supersedes all proposal or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this agreement.
If you have any questions about this agreement, you can contact the Legal department by emailing to firstname.lastname@example.org