American School of Double Bass®

END USER LICENSE AGREEMENT

IMPORTANT: PLEASE READ THIS LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE DOWNLOADING OR VIEWING THE SIMANDL-PLUS WORKBOOK (“WORKBOOK”). THIS IS A LEGAL AGREEMENT BETWEEN YOU, AN INDIVIDUAL OR ENTITY, AND AMERICAN SCHOOL OF DOUBLE BASS, INC. (“LICENSOR”). PLEASE NOTE THAT THIS AGREEMENT CONTAINS LIMITATIONS ON WARRANTIES AND LIABILITY. BY CLICKING THE ACCEPT BUTTON OR BY DOWNLOADING, INSTALLING, OR OTHERWISE VIEWING THE WORKBOOK, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS AS SET FORTH BELOW INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND TERMINATION PROVISIONS. IF YOU DO NOT AGREE TO THESE TERMS, CLICK CANCEL AND DO NOT DOWNLOAD OR VIEW THE WORKBOOK. IF YOU ARE A CHILD UNDER THE AGE OF THIRTEEN, YOU MUST HAVE VERIFIABLE PARENTAL CONSENT TO VIEW AND/OR DOWNLOAD THE WORKBOOK.

1. Grant of License. Licensor hereby grants You a non-exclusive, non-transferable license to use the Workbook provided to You in electronic form on the following terms: (a) to download and use the Workbook on a single personal computer for the sole purpose of accessing the Workbook provided by Licensor; and (b) to reinstall the Workbook to another personal computer if necessitated by a failure of the first personal computer so long as the Workbook does not concurrently reside on more than a single personal computer at one time, or to use the Workbook on a second personal computer so long as the first and second computers are not used simultaneously.

In the event that Licensor provides any error corrections or updates to the Workbook, such error corrections and updates shall be considered part of the Workbook for the purposes of this License, and governed by the terms of this Agreement, except as otherwise indicated by Licensor.

2. Ownership. Licensor reserves all title to and ownership of the Workbook and the right to file any intellectual property registrations therefore. You acknowledge that the license grant herein is not a sale of Licensor’s intellectual property and that Licensor owns all rights, title, and interest in the Workbook.

3. Restrictions on Use. The Workbook is copyrighted material and is protected under U.S. Copyright law. You may not modify, rent, lease, loan, sublicense, or distribute copies of the Workbook in any form. You may not create derivative works based upon the Workbook or any copyrighted material owned by Licensor. You may not electronically transfer the Workbook over a network or telephone circuit. You and your employees and/or agents shall not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols or labels appearing on or in copies of the Workbook delivered to you hereunder. You agree that you shall only use the Workbook in a manner that complies with all applicable laws in the jurisdictions in which you use the Workbook, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.

You may only use the Workbook for your private, non-commercial use. You may use the Workbook only on computer systems owned or leased by you. You may not use the Workbook in any way to provide, or as part of, any commercial service or application. Copies of the Workbook or any of the parts thereof, which are protected by the copyright laws or related laws of any jurisdiction, are for your own personal use only and may not be distributed to any third parties for any reason.

4. Termination. This Agreement shall remain in full force and effect unless and until terminated. This Agreement may be terminated by Licensor automatically without notice if You fail to comply with any provision of this Agreement. Upon termination You agree to cease and desist from any and all further uses of the Workbook, and to erase or destroy all copies of the Workbook in any form as obtained by virtue of this Agreement.

5. Assignment. This Agreement and the rights set forth herein may not be assigned, sublicensed, sold, or otherwise alienated by You. Licensor may assign its rights and obligations under this Agreement to any affiliated entity or person without your prior written consent.

6. No Warranty. THE WORKBOOK IS PROVIDED “AS IS.” LICENSOR DISCLAIMS AND EXCLUDES ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. LICENSOR DOES NOT WARRANT THAT THE USE OF THE WORKBOOK WILL BE ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED.

7. Limitation of Liability. THE ENTIRE RISK ARISING OUT OF YOUR DOWNLOAD AND USE OF THE WORKBOOK REMAINS WITH YOU. IN NO EVENT, AND UNDER NO LEGAL THEORY IN TORT, CONTRACT, OR OTHERWISE, WILL LICENSOR BE LIABLE FOR ANY SPECIAL, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER DAMAGES OR LOSSES) ARISING OUT OF YOUR USE OR INABILITY TO USE THE WORKBOOK, HOWEVER CAUSED, EVEN IF LICENSOR KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. THIS LIMITATION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. THIS LIMITATION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM, OR A FUNDAMENTAL BREACH. IN NO EVENT WILL THE AGGREGATE LIABILITY OF LICENSOR UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID FOR THE WORKBOOK, EVEN IF NO AMOUNT WAS PAID FOR THE WORKBOOK. TOTAL LIABILITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED FIVE DOLLARS ($5.00). SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. Information Collection and Privacy. Licensor automatically collects and receives information from your browser including the name and URL of the file you are viewing and/or downloading along with relevant Internet communication information The information sent to Licensor includes, but is not limited to, your IP address, the date and time of your visit, and the Webpages You visit. Licensor may install and access cookies on your computer. A cookie is a small amount of data that is sent to your browser from a Web server and stored on your computer’s hard drive. Advertisers or other third parties do not have access to Licensor’s cookies. These communications merely allow Licensor to count the number of times in which the Workbook is viewed and/or downloaded, to provide advertising services, and to plan for future enhancements, products and services.

You are not required to provide personal information in order to view or download the Workbook. Personal information is information about You that is personally identifiable such as your name, address, email address, and phone number that is not otherwise publicly available. Should You voluntarily provide this information, You are not anonymous to Licensor. Licensor uses this information to identify the persons who view and/or download its Workbook, and Licensor may send direct mail or email to You. Licensor does not rent, share, sell or otherwise transfer personal information about You to third parties except with your permission, or when required by law enforcement or statute. Licensor has physical, electronic, and procedural safeguards that comply with federal regulations to protect the personal information provided by You.

When a child under the age of thirteen attempts to register with Licensor, he or she must have a parent or guardian provide verifiable parental permission. The information collected will include the child’s name, address, email address, and phone number. No more personal information
than is reasonably necessary is collected. This information will be used to identify the persons who view and/or download the Workbook. Licensor does not send any direct mail or email offers to users who indicate that they are under the age of thirteen. Licensor does not share, sell, rent, or otherwise transfer such information about users who indicate that they are under the age of thirteen. Licensor has physical, electronic, and procedural safeguards that comply with federal regulations to protect the personal information provided by a child under the age of thirteen. Parents can review, edit and delete information relating to their child(ren) and can forbid the future collection of personally identifiable information by Licensor. Such requests must be made in writing and sent to: American School of Double Bass, Inc., 734 Oak Street, Columbus, Ohio 43205.

Licensor may update its privacy policy. Such changes will be noted on Licensor’s Website.

9. Indemnification. The Workbook is intended for use only with properly licensed media, content, and content creation tools. It is your responsibility to ascertain whether any copyright, patent, or other licenses are necessary and to obtain such licenses to serve and/or create, compress or download such media and content. You agree to record, play back and download only those materials for which you have the necessary patent, copyright and other permissions, licenses, and/or clearances. You agree to hold harmless, indemnify and defend Licensor, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of or relating to any claims that you have (i) viewed, downloaded, encoded, compressed, copied or transmitted any materials (other than materials provided by Licensor) in connection with the Workbook in violation of another party’s rights or in violation of any law, or (ii) violated any terms of the License Agreement. You shall also hold Licensor harmless from and against any import and export duties or other claims arising from importation in connection with the Workbook.

10. Export Law Assurances. None of the information or documents of the Workbook may be downloaded or otherwise exported or re-exported outside of the United States except as permitted by Licensor under the laws and regulations of the United States.

11. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and supersedes any prior agreement, communication, or understanding.

12. Choice of Law and Venue. This Agreement shall be governed by and in accordance with the laws of the State of Ohio, without reference to its conflict of law or choice of law rules. Any dispute arising hereunder shall be venued in the federal or state courts in Franklin County, Ohio. The United Nations Convention on Contracts for the International Sale of Goods will not apply.

13. Amendment. This Agreement shall not be modified, amended, or in any way altered except by written instrument signed by the parties to this Agreement.

14. Enforceability. If a court of competent jurisdiction finds any provision of this Agreement unenforceable, all other provisions shall remain in full force and effect and the unenforceable provision will be replaced with an enforceable provision that most nearly achieves the intent and economic effect of the unenforceable provision.

15. Waiver. A failure or delay in exercising any right hereunder will not be considered a waiver thereof unless expressly waived in writing and signed by the waiving party.

16. Authority. You acknowledge that You have read and understand that this is a End-User License Agreement, that You intend to be legally bound hereby, that You have both actual and apparent authority to enter into this Agreement, and that You are entering into this Agreement voluntarily and of your own free will. This Agreement shall be binding upon and will inure to the benefit of the parties hereto and their heirs, legal representatives, successors, and permitted assigns. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party.

17. Breach. In the event that You breach any covenant made in this Agreement and the Licensor pursues any charge, suit, complaint, or claim as a result thereof, the Licensor shall be entitled to specific performance and/or injunctive relief in addition to any other remedy available at law or in equity, and You shall be liable to Licensor for all damages, reasonable attorneys’ fees, costs and expenses (including discovery costs) incurred by Licensor in pursuing the same.

BY CLICKING ON THE “ACCEPT” BUTTON BELOW, YOU ARE INDICATING THAT YOU ARE OF LEGAL AGE AND HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMENT AS SET FORTH ABOVE.

IF YOU ARE A CHILD UNDER THE AGE OF THIRTEEN, YOU MUST HAVE VERIFIABLE PARENTAL CONSENT TO VIEW AND/OR DOWNLOAD THE WORKBOOK.