HUDL MUSIC
End-User Software License Agreement
IMPORTANT: READ THESE TERMS CAREFULLY BEFORE DOWNLOADING THIS SOFTWARE APPLICATION. BY DOWNLOADING OR USING THIS SOFTWARE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT DOWNLOADING THE SOFTWARE.
1. Grant of License
HUDL MUSIC Inc., a Delaware corporation (“we”, “our” or “HUDL MUSIC”), grants you a non-exclusive, non-transferable license to download and use the HUDL Music mobile application with which this license is distributed, including any documentation files accompanying the software, (the “Software” or “App”) on any mobile device that you own or control provided that: (i) the Software is NOT modified; (ii) all copyright notices are maintained on the Software; and (iii) you agree to be bound by the terms of this License Agreement and by our Terms of Use.
You may not sell, redistribute or sublicense the App. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). The terms of the license will govern any upgrades provided by HUDL MUSIC that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Consent to Use of Data: You agree that HUDL MUSIC may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the App. We may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
2. Ownership
You have no ownership rights in the Software. Rather, you have a license to use the Software as long as this License Agreement remains in full force and effect. Ownership of the Software and all intellectual property rights therein shall remain at all times with HUDL MUSIC. We reserve the right to terminate your license for the App at any time and for any reason, or no reason, whatsoever.
3. Copyright and Intellectual Property
The Software contains material that is protected by United States Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by HUDL MUSIC. You may not remove any proprietary notice of HUDL MUSIC from any copy of the Software.
4. Restrictions
You may not publish, distribute, or create derivative works based on the Software or any part thereof, except with the prior written authorization of HUDL MUSIC. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create the source code from the object code for the Software. All creative and stylistic elements are owned by HUDL MUSIC and are protected copyrights of HUDL MUSIC.
5. User Representations
You represent and agree that you have read our Terms of Use and Privacy Policy and agree to the terms therein.
6. Prohibited Content and Activities
You are prohibited from posting or transmitting to or from the App any unlawful, threatening, harassing, libelous, offensive, (including any offensive language or suggestive content, as determined by us), defamatory, obscene, or pornographic materials, including any nude photographs or images, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. This includes, without limitation, obscene music, comments and profile images. Furthermore, if legal action is taken against us for your violations of these terms we will hold you liable for our losses resulting from your violation of these provisions or of applicable law, and you agree to fully indemnify us and to compensate us for any resulting losses and related legal costs incurred in defending ourselves because of your violation of these terms or applicable law.
7. Limited Warranty
TO THE EXTENT PERMITTED BY LAW, THE APP IS PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, HUDL MUSIC DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HUDL MUSIC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APP WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE APP WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE APP WILL BE CORRECTED, OR THAT THE APP IS COMPATIBLE WITH ANY PARTICULAR PLATFORM, APPLICATION OR MOBILE DEVICE.
8. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL HUDL MUSIC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE APP, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF HUDL MUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, HUDL MUSIC’s AGGREGATE LIABILITY WITH RESPECT TO OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE APP SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE, IF ANY, PAID BY YOU TO HUDL MUSIC FOR THE APP OVER THE COURSE OF THE PRECEDING 12 MONTHS BEFORE THE DATE ON WHICH THE CLAIM AROSE.
TO THE EXTENT PERMITTED BY LAW, BY USING THE APP YOU AGREE TO HOLD HUDL Music HARMLESS FROM ANY HARM OR INJURY RESULTING FROM YOUR USE OF THE SOFTWARE OR FROM YOUR INTERACTION WITH ANY APP USER. HUDL MUSIC TAKES NO RESPONSIBILITY, AND YOU WILL NOT HOLD HUDL MUSIC LIABLE FOR ANY HARM RESULTING FROM YOUR USE OF THE SOFTWARE.
9. Indemnification
To the extent permitted by law, you agree to defend, indemnify and hold harmless HUDL MUSIC, its owners, officers, directors, employees, attorneys and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Software; (ii) your violation of any term of these terms; (iii) your violation of any applicable law, rule or regulation; or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.
10. Termination
This License Agreement is effective until it is terminated. You may terminate this License Agreement at any time by deleting all copies of the Software in your possession or under your control. HUDL MUSIC may terminate this License Agreement at any time and for any reason (and without notice to you), including, but not limited to, if HUDL MUSIC finds that you have violated any of the terms of this License Agreement. Upon notification of termination, you agree to delete all copies of the Software.
11. Assignment
These terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HUDL MUSIC without restriction. HUDL MUSIC may also freely transfer ownership of the App to another entity without restriction.
12. Legal Compliance
By using the App, you represent and warrant that you will use the App in compliance with all applicable laws and regulations.
13. General
This License Agreement shall be construed, interpreted and governed by the laws of the State of Delaware without regard to conflicts of law provisions thereof. The dispute resolution, litigation and arbitration provisions of the Terms of Use shall control this License Agreement, and the Terms of Use are incorporated by reference into this Agreement.
14. Developer’s Name and Address
Our name, address and contact information to which you may submit questions, complaints or claims with respect to the App is as follows:
HUDL MUSIC Inc.
733 3rd Ave
Floor 161004
New York, NY 10017