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If you are using the Software on behalf of your employer or another entity (an "Organization") for whosebenefit you utilize the software or who owns or otherwise controls the means through which you utilize oraccess, then the terms "End User," "you," and "your" shall apply collectively to you as an individual and to theOrganization. If you use or purchase a license or to or on behalf of an Organization, you hereby acknowledge,warrant, and covenant that you have the authority to 1) purchase a license on behalf of the Organization;2) bind the Organization to the terms of this Agreement.
By downloading, installing, accessing or using, you: (a) affirm that you have all of the necessary permissions andauthorizations to access and use; (b) if you are using the Software pursuant to a license purchased by anorganization, that you are authorized by that organization to access and use; (c) acknowledge that you haveread and that you understand this Agreement; (D) represent that you are of sound mind and of legal age(18 years of age or older) to enter into a binding Agreement; and (e) accept and agree to be legally bound bythe terms and conditions of this Agreement.
Subject to the terms of this Agreement and, if applicable, those terms provided in the License Agreement,Music Tribe grants you a limited, non-exclusive, perpetual, revocable and non-transferable license todownload, install and use the Software a that you own or control.
Third party software and data ("Third-Party Software") may be attached to the Software. You acknowledge andagree that, if you wish to obtain Third-Party Software on other terms, you should acquire this Third-PartySoftware directly from its suppliers.
The Software is provided to you "As is" and "As available" and with all faults and defects without warranty ofany kind. To the maximum extent permitted under applicable law, Music Tribe, on its own behalf and on behalfof its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties,whether express, implied, statutory or otherwise, with respect to the Software, including all implied warrantiesof merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may ariseout of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing,Music Tribe provides no warranty or undertaking, and makes no representation of any kind that the Softwarewill meet your requirements, achieve any intended results, be compatible or work with any other software,systems, or services, operate without interruption, meet any performance or reliability standards or be errorfree or that any errors or defects can or will be corrected.
To the maximum extent permitted by applicable law, in no event shall Music Tribe or its suppliers be liable forany special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damagesfor loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss ofprivacy arising out of or in any way related to the use of or inability to use the Software, third-party softwareand/or third-party hardware used with the Software, or otherwise in connection with any provision of thisAgreement), even if Music Tribe or any supplier has been advised of the possibility of such damages and even ifthe remedy fails of its essential purpose.
We reserve the exclusive right to make changes to this Agreement from time to time. Your continued access toand use of the software constitutes your Agreement to be bound by, and your acceptance of, the terms andconditions posted at such time. You acknowledge and agree that you accept this Agreement (and anyamendments thereto) each time you load, access, or use the software.
No provision of this Agreement, or any part of relationship between you and Music Tribe is intended to create,nor shall they be deemed or construed, to create any relationship between you and Music Tribe other thanthat of an end user of the software and services provided. 2b1af7f3a8