DARK SIDE OF THE TUNE

AUDIO SAMPLE LIBRARY END USER LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY:  This End-User License Agreement ("License Agreement") is a legal agreement between you (either an individual or a single entity) and Dark Side of the Tune, LLC, its suppliers and licensors for the Dark Side of the Tune’s audio sample library and applicable documentation (“Audio Sample Library”).  By clicking on the “Accept” button, downloading, installing, copying or otherwise using the Audio Sample Library, you agree to be bound by the terms of this License Agreement.  If you do not agree to the terms of this License Agreement, click on the “Cancel” button and do not download, copy or otherwise use the Audio Sample Library.

1. Ownership.  Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the Audio Sample Library. The Audio Sample Library is licensed, not sold, and Dark Side of the Tune retains all rights, including ownership and intellectual property rights in and to the Audio Sample Library.  This License Agreement and the rights granted herein are specific to you.  You may not transfer this Agreement, the Audio Sample Library or any part of the Audio Sample Library except as expressly provided herein.
2. Grant of License.  In consideration of your payment of the license fee, Dark Side of the Tune grants to you, a limited, non-exclusive, non-transferable, license to use, copy and modify the audio samples contained in the Audio Sample Library.  You may distribute the audio samples contained in the Audio Sample Library only as part of your own product.  You may not distribute or make the audio sample or Audio Sample Library available as part of an audio sample library or as a stand-alone product.  Except as otherwise expressly provided in this License Agreement, you shall not assign, rent, lease, sell, sublicense, or otherwise transfer the Audio Sample Library. 
3. Termination. Without prejudice to any other rights, this Agreement automatically terminates if you fail to comply with any of its terms or conditions.  Upon termination of this Agreement, you agree to destroy or erase all copies of the Audio Sample Library and all of its component parts. 
4. Warranty and Remedy.  Dark Side of the Tune warrants that it is permitted to grant the rights set forth herein. If any Audio Sample Library is finally adjudged to so infringe, or in Dark Side of the Tune's opinion is likely to become the subject of such a claim, Dark Side of the Tune may, at its option and as your sole remedy, either: (a) procure for you the right to continue using the Audio Sample Library, (b) modify or replace the Audio Sample Library to make it noninfringing, or (c) refund the fee paid, less reasonable depreciation, upon return of the Audio Sample Library. Dark Side of the Tune has no liability regarding any claim arising out of use of the Audio Sample Library in combination with non-Dark Side of the Tune media, software, data or equipment if the infringement was caused by such use or combination, or any modification or derivation of the Audio Sample Library, or part thereof.  The foregoing states the entire liability of Dark Side of the Tune and your exclusive remedy relating to infringement or claims of infringement of any copyright or other proprietary right by the Audio Sample Library.
5. DISCLAIMER OF WARRANTIES.  EXCEPT AS PARAGRAPH 4, Dark Side of the Tune expressly disclaims any other warranty. The Audio Sample Library and any related documentation is provided "as is" without any other warranty or condition of any kind, either express or implied, including, without limitation, the implied warranties and conditions of merchantability, or fitness for a particular purpose.  The entire risk arising out of use or performance of the Audio Sample Library, or any part thereof, remains with you.
6. Indemnification.  You agree to indemnify, defend and hold Dark Side of the Tune, its officers, directors, agents, and employees harmless against all costs, expenses, damages, fines and losses (including reasonable attorneys’ fees and costs) incurred through any claims of third parties against Dark Side of the Tune arising out of or related to your manufacture, sale or distribution of any product or service utilizing or incorporating any part of the Audio Sample Library.
7. Limitation of Liability. Neither Dark Side of the Tune nor its suppliers or licensors are liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use any Dark Side of the Tune product, even if Dark Side of the Tune has been advised of the possibility of such damages.  Except as otherwise provided in Paragraph 4, Dark Side of the Tune's entire liability under any provision of this License Agreement is limited to the amount you actually paid to license the Audio Sample Library.  Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
8. Governing Law, Jurisdiction and Venue. The laws of the State of Washington govern this License Agreement, without regard for conflict of laws principles.  Venue for any suit hereunder is in the state and federal courts located in Seattle, Washington and you hereby consent to the exclusive jurisdiction of those courts.
9. Entire Agreement and Modifications.  This Agreement constitutes the complete and exclusive agreement between us.  This Agreement shall not be modified or amended except in writing signed by you and an authorized representative of Dark Side of the Tune.  
10. Severability.  If any part of this License Agreement is held unenforceable, such unenforceability shall not affect the remainder of this Agreement, which shall remain in full force and effect.