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End User Licence Agreement
NOTICE: THESE TERMS AND CONDITIONS GOVERN YOUR PERMITTED USES OF THE MUSIC YOU DOWNLOAD FROM WWW.LIVEBAND.COM.AU. BY DOWNLOADING AUDIO FILES FROM THIS WEBSITE YOU ARE AGREEING TO ACCEPT AND BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND YOU MUST NOT USE THIS WEBSITE.
Agreement means these terms and conditions.
Digital Download means a download by You of a Work from the Website.
DRM includes encryption and digital rights management information associated with a Digital Download.
Format means a software format used by Liveband for a Digital Download.
Liveband means Liveband Pty Ltd ACN 117 935 798.
Proprietary software means all functionality used by Liveband at the Website and includes any software downloaded to a user device from the Website for use in connection with a Digital Download.
Purpose means the downloading of music from the Website in the Format by You for personal non-commercial applications in accordance with this Agreement.
Services means the Services provided to You by Liveband via the Website including Digital Downloads Proprietary Software and provision of related information whether in graphic text or musical form.
Website means the URL www.liveband.com.au or any other Website nominated by Liveband from time to time.
Work means any sound recording and copyright material (including musical and literary works) embodied in that sound recording made available to the public in a Format at the Website.
You means the person purchasing or acquiring a Digital Download.
Throughout the Term Liveband will grant You a non-exclusive non-transferable licence to use a Digital Download for the Purpose in exchange for Your acceptance of this Agreement.
You are authorised to copy the Digital Downloads to a maximum of 3 compact discs 3 audio players and 3 personal computers.
Liveband provides the Services subject to the following conditions:
You purchase the Digital Download by paying a once-off licence fee in advance (except in the case of free samples);
You agree not to attempt to circumvent any technological protection measure (including tampering with DRM or decompiling code);
You agree to comply with any other directions at the Website regarding security procedures for Digital Downloads;
You act in good faith regarding matters of copyright piracy (including taking reasonable precautions and reporting any relevant infringements of which you become aware to Liveband);
You agree not to perform the music at public venues for profit or engage in activity that is outside the Purpose or does not otherwise constitute fair dealing; and
You agree not to contravene any other law or regulation including without limitation interfering with the content or operation of the Website or the Services.
Term and Termination
The Agreement will commence automatically upon Your purchase of a Digital Download from the Website and will remain in effect until it is terminated in accordance with this Agreement.
This Agreement will terminate immediately and automatically upon a breach by You of any of its terms and conditions.
After termination You will cease using the Digital Download and delete all copies from Your systems and media.
Subject to this clause 4 the Services are supplied as is and all implied warranties are excluded to the extent permitted by law. However if a Digital Download is damaged during transfer to You Liveband will re-supply the Digital Download at no additional cost. For avoidance of doubt the onus is on You to show that the Digital Download was damaged in transit or during download.
To the extent permitted by law Liveband excludes all other liability (including for negligence) for loss and damage whether directly or indirectly caused or contributed to by the provision of Services or any other activity or function carried out at the Website or by a user in connection with the Website or the Services.
You will indemnify Liveband and keep Liveband indemnified (on a solicitor/ own client basis) against any and all claims arising in connection with any breach of Agreement by You.
This Agreement forms the entire agreement between the Parties in respect of the subject matter of this Agreement.
Governing Law and Jurisdiction
This Agreement is governed by the laws of the State of Victoria, Australia and the Parties unconditionally submit to the jurisdiction of the courts of that State.
Liveband may vary this Agreement at any time upon 5 days notice at the Website.
Neither Party will be in default under this Agreement by reason of its delay in performance of or failure to perform any of its obligations if such delay or failure is caused by declaration of war strikes Acts of God or the public enemy riots interference by civil or military authorities compliance with Governmental laws rules and regulations delays in transit or delivery inability to secure necessary governmental priorities or any fault beyond its control and without its fault or negligence.
If any part of this Agreement is deemed unenforceable then: if the provision would not be illegal or unenforceable if a word or words were omitted that word or those words are severed; or in any other case the provision is severed then the rest of this Agreement will continue to be legally valid and enforceable.