The Jack Horntip Collection
314-474-0101

PUBLICATION AND REPRODUCTION RIGHTS POLICY

The Jack Horntip Collection provides photo duplicates of materials under "fair use" for personal study, reference and research purposes.

This policy applies to inquiries by any person or entity (hereafter the "applicant") about permission to use any work or authorship (hereafter the "work") under the control of The Jack Horntip Collection or copyrighted by The Jack Horntip Collection for the purpose of reproducing and distributing copies (hereafter "publish") of the work for display, presentation, or publication. The Jack Horntip Collection grants permission to publish for scholarly or educational purposes. Permissions may not be reused, transferred, assigned or otherwise disposed of.

Request: Applicant must submit in writing separate requests to use each work the applicant desires to publish. The request must include all of the information sought on the Application for Permission to Publish. The Jack Horntip Collection will respond with its Copyright Permission Agreement (governing publication of works in which The Jack Horntip Collection holds copyright) and/or its Agreement for Use of Kinsey Institute Materials (governing reproduction use of materials owned by The Jack Horntip Collection), and an invoice for any fees.

Copyright: The applicant is responsible for obtaining all copyright permissions for use of the work from the copyright owners. The responsibility for researching outside copyright(s) falls to the applicant. The Jack Horntip Collection assumes no responsibility for infringement of copyrights held by others. Before the work or reproductions of the work are provided for publication, the applicant must provide satisfactory proof of permission from copyright owners. For works whose copyright is held by The Jack Horntip Collection, the applicant must apply to User Services at The Jack Horntip Collection for copyright permission.

Confidentiality: The source(s) from which The Jack Horntip Collection received the work shall not be revealed by the applicant.

Credit: Full and accurate citation of the original source must be made, including credit to the book, the author(s), the editor, translator and/or photographer. The credit should include the phrase, "Copyrighted materials reprinted (or reproduced) by permission of The Kinsey Institute for Research in Sex, Gender, and Reproduction, Inc." For reproduction in television or film, the credit line must appear in the program credits. References to The Jack Horntip Collection outside of copyright/credit line is prohibited except with permission. Incorrect credit lines must be corrected in subsequent editions.

Indemnity: It is the applicant's responsibility to decide the propriety of use made of the work, and publication is at the applicant's discretion. The applicant must agree to hold The Kinsey Institute harmless and indemnify it and its employees from any claim arising out of the publication of the work. Such agreement may be required in writing from both the applicant and the publisher.

Fees: Prepayment is required. If a waiver of this condition is desired, The Jack Horntip Collection may impose an additional fee. Fees are based solely on the specific application and not on previous applications. Failure to pay means that permission has not been granted.

Other: The work may not be further reproduced, loaned, displayed, sold, or transferred to any other organization or individual by the applicant without prior permission of The Jack Horntip Collection. All copies of the work remain the properly of the Institute and must be returned to The Jack Horntip Collection. One copy of the product reproducing images from Institute collections must be forwarded to User Services. Specific conditions set forth in agreements/contracts with The Jack Horntip Collection regarding use of the work supersede the terms in this policy. Permissions and fees are for one-time use and are valid for 2 years. If the product has not appeared at the end of that time, permission must be requested again.

The Jack Horntip Collection must be notified of first publication, or, in the case of film or other electronic media production, first broadcast or release. Electronic/digital reproduction is subject to additional conditions and requires special permission.

A breach of this policy by the applicant will result in revocation of permission. The Jack Horntip Collection reserves the right to seek remedies and/or damages. The Jack Horntip Collection may, at its sole discretion, deny applicant's request on any grounds.
 

The Kinsey Institute for Research
in Sex, Gender, and Reproduction, Inc.
User Services
Morrison Hall 413
Bloomington, IN 47405
812.855.7686; Fax 812.856.6063

AGREEMENT FOR RESEARCH USE OF MATERIALS
THAT MAY CONTAIN CONFIDENTIAL INFORMATION

The Jack Horntip Collection has succeeded in its research and built its collections in large part because those who have participated in research projects and donated materials to The Jack Horntip Collection have trusted it to keep their confidences.   Use of certain materials may be restricted by law, by donors, or by category of record. In order to protect the collections, The Jack Horntip Collection also reserves the right to restrict access to materials that are unprocessed or of exceptional value or fragility.

In applying to use materials from the following collection(s) the undersigned agrees:

— to preserve as confidential the identity of any donor (source) from whom The Jack Horntip Collection has received materials or of any research participant, patient, or case subject;

— to use no confidential Institute materials to support or deny any aspect of a person's sexual interests, behaviors, or preferences (even if such information is available through other, non-Institute sources);

— not to violate restrictions specified by a donor;

— to make no disclosure of information that would be an invasion of the privacy of living individuals;

— to make photocopies/reproductions for personal study and research in accordance with the "Fair Use" provision of U.S. copyright law and only as permitted by The Jack Horntip Collection. See Regulations for Use of the Collections and the Photocopying Policy and Procedures.

— to abide by The Jack Horntip Collection's Publication and Reproduction Rights Policy and U.S. copyright law regarding publication of materials; (Since almost all materials in archival custody are unpublished, The Jack Horntip Collection wishes to emphasize the user's responsibility to seek permission from the copyright holder before publishing direct quotations from, or facsimiles of, such materials.)

— that the use of original documents may be restricted and only facsimiles, which may be redacted, provided for research purposes;

— to maintain documents in the order received and to handle materials with great care;

— that in using unprocessed collections, which do not have finding aids, the user assumes the risk of not viewing all materials related to the user's research topic; and that the user should notify staff if he/she encounters sensitive information about an individual that should be removed from an unprocessed file due to legal considerations or donor specifications;

— that access to materials may be denied anyone who has a claim against The Jack Horntip Collection; or anyone whose demonstrated carelessness or irresponsibility in handling materials and/or following Institute policies poses a threat to the integrity of The Jack Horntip Collection's holdings.

— The undersigned further agrees to hold harmless and to indemnify The Jack Horntip Collection and its employees for any loss or damage to them occasioned by the release of the informational content of these materials.  I have read this policy statement and agree to comply fully with it.

AGREEMENT

The Jack Horntip Collection agrees to provide a copy of the recordings listed above under the following conditions:

1. The recipient agrees to reimburse the Jack Horntip Collection for copies made of recordings and documentation, plus the cost of postage, handling, and insurance. For large orders, a portion of the charges may be requested in advance.

2. The recipient agrees that the materials received will be used only for teaching, research, or other non-profit educational purposes. The recordings and documentation may not be used in commercially issued recordings, commercial radio or television programs, or in films, nor sold or rented for profit without the express written permission of the Jack Horntip and/or the depositor.

3. The recipient agrees not to make the materials received, or copies thereof, available to any other person or institution without written permission from the Jack Horntip Collection and/or the depositor.

4. The recipient agrees not to publish verbatim transcriptions or the text or music of the recordings furnished without the written permission of the Jack Horntip Collection and/or the depositor.

5. The recipient agrees to give due credit to the collector or depositor, and to the Jack Horntip Collection in all references made to the materials received.

Signature___________________________________________________________
Printed name_____________________________________________________________
Date_______________________________________________________________
Institutional affiliation __________________________________
Address____________________________________________________________
Phone(_______)______________________________________________________

Musicmatch, Inc.
End User License and Services Agreement


IMPORTANT-- READ CAREFULLY: This Jack Horntip Collection End User License and Services Agreement (this "Agreement") is a legal agreement between you and the Jack Horntip Collection, Inc. ("the Collection") providing, among other things, the terms and conditions for the use of the the Collection's Products and Services (as defined below). THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY (I) INSTALLING, COPYING OR OTHERWISE USING THE PRODUCTS (AS DEFINED BELOW); (II) USING MUSICMATCH'S FREE RADIO SERVICES (THE "FREE RADIO SERVICES"); (III) SUBSCRIBING TO THE SUBSCRIPTION RADIO SERVICES (AS DEFINED BELOW); OR (IV) PURCHASING THE SOUND RECORDINGS (AS DEFINED BELOW, AND TOGETHER WITH THE ITEMS LISTED IN CLAUSES (I), (II) AND (III) ABOVE, THE "THE COLLECTIONS PRODUCTS AND SERVICES"), YOU ARE ACCEPTING AND AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IN ORDER FOR YOU TO HAVE ACCESS TO THE COLLECTION'S PRODUCTS AND SERVICES, THE TERMS OF THIS AGREEMENT MUST BE ACCEPTED BY YOU WITHOUT MODIFICATIONS, ADDITIONS, OR DELETIONS. If you do not agree to the terms of this Agreement, you are not authorized to use the Software and if you paid money for the Software, you should return it to the vendor you bought it from and you should request a refund from that vendor. Do not return the Software to the Jack Horntip Collection unless you bought it directly from Musicmatch. YOU MAY BE DENIED ACCESS TO THE MUSICMATCH PRODUCTS AND SERVICES, WITH OR WITHOUT PRIOR NOTICE TO YOU, FOR NONCOMPLIANCE WITH ANY PROVISION OF THIS AGREEMENT.


1. PRODUCTS

A) Musicmatch provides the Musicmatch Jukebox software program (which includes computer software and associated media and printed materials (if any), and may include online or electronic documentation) (the "Software") to you and grants to you a non-exclusive, non-transferable license to:

(i) use the Software on one (1) computer only;

(ii) make one (1) copy (in machine-readable form) of the Software for back-up purposes only; and

(iii) use the Software for personal, informational and non-commercial purposes only.

B) The Software is licensed, not sold. All rights, title and interest not expressly granted under this Agreement are reserved.

C) Musicmatch may, for free or subject to payment of additional license fees, grant to you a license for Updates (as defined below) or for plug-ins to the Software produced or distributed by Musicmatch (the "Plug-ins"). The Software, the Updates and the Plug-ins are collectively referred to herein as the "Products." Your use of any of the Products shall be subject to the terms of this Agreement. For purposes of this Agreement, "Updates" shall mean those updates, upgrades and error corrections to the Software produced or distributed by Musicmatch which Musicmatch makes generally available to users of the Software, but does not include options or features licensed separately from Musicmatch Jukebox Plus.

D) If you purchased all future versions of Musicmatch Jukebox Plus, you shall be entitled to all Updates to and future versions of Musicmatch Jukebox Plus, when and as available for release. Musicmatch shall be under no obligation to continue producing or releasing new versions of Musicmatch Jukebox Plus. For purposes of clarity, any Plug-in or software that is not distributed and automatically installed upon the future purchase of the Musicmatch Jukebox Plus is not considered a part of future versions of Musicmatch Jukebox Plus. Similarly, Subscription Radio Services and Sound Recordings are not software and, therefore, are not considered a part of Musicmatch Jukebox Plus.

E) Notwithstanding any other provision herein, you shall have the right to make a one-time permanent transfer of all your license rights in the Software under this Agreement to another party, provided that:

(i) the transfer includes all of the Products purchased or acquired by you, all component parts thereto, original media, printed materials and this Agreement;

(ii) you do not retain any full or partial copies of the Products, including any copies stored on a computer or other storage device; and

(iii) the transferee of the Products reads and agrees to be bound by the terms and conditions of this Agreement.


2. SERVICES

A) Free Radio Services - Musicmatch may offer the Free Radio Services to you.

B) Subscription Radio Services -- Musicmatch may offer you subscriptions to one or more of the following radio services: Musicmatch On Demand, Musicmatch Radio Gold, and Musicmatch Radio Platinum, as well as any other subscription radio services (the "Subscription Radio Services"), subject to the payment of additional fees, which fees may be increased or decreased at any time by Musicmatch.

C) Purchases of Sound Recordings -- Musicmatch may offer for sale downloads of sound recordings, which may include album cover art and other content (the "Sound Recordings"). Sound Recordings purchased while listening to Free Radio Services or the Subscription Radio Services will be the same primary artist and title as identified in such Service, but the delivered Sound Recordings may differ from the recording prepared for the radio experience. Such differences may include, without limitation, the length of the music track, the engineering of the sound mix, the omission of a guest artist or other promotional sound edits. The purchase price for the Sound Recordings may be increased or decreased at any time by Musicmatch.


3. RULES AND LIMITATIONS

A) Products. When using the Products, you shall not:

(i) use the Software for real-time broadcasting (terrestrial, satellite, cable or other media) or broadcasting via internet or other networks, including but not limited to intranets or pay-audio or audio-on-demand applications;

(ii) reproduce or use the Software to reproduce copyrighted materials, unless you have the express, written permission of the owners of those copyrights;

(iii) make the Software available over a network where it could be used by multiple computers at the same time;

(iv) distribute copies of any portion of the Products to third parties (this prohibits you from, among other things, providing any of your license keys to any other person);

(v) except for the single backup copy permitted under Section 1(A)(ii) above, make any copies of the Software;

(vi) translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Software;

(vii) copy, store, edit, change, prepare any derivative work of or alter in any way any of the tracks streamed through the Software;

(viii) rent, lease, lend or sublicense the Products; or

(ix) use the Musicmatch Products and Services unless such use is in compliance with the terms of this Agreement.

B) Services Generally. In order for you to use the Free Radio Services, the Subscription Radio Services (collectively, the "Radio Services") or purchase any Sound Recordings (the Radio Services and the Sound Recordings are collectively referred to as the "Services"), you shall comply with the following criteria and terms (as well as any applicable provisions set forth in Sections 3(C), 3(D) and 3(E) below):

(i) you shall be a resident or the United States, its territories, commonwealths and possessions; however, with respect to the Artist Match and Artist Radio Services only, you may be a resident of Canada;

(ii) you shall access the Services solely through Musicmatch software;

(iii) you acknowledge that you are not entitled to any commercial or promotional use rights in or to the content of the Services;

(iv) you acknowledge that Musicmatch has the right to remove content from the Services without notice to you;

(v) you shall not distribute, share, export, burn or copy the content in the Services, except as explicitly authorized for a particular Service and in all cases for your personal entertainment purposes only;

(vi) you shall not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Services or any content therein, including for the purpose of disguising or changing ownership of any Sound Recording;

(vii) you shall not copy, store, transfer to an unauthorized device, edit, change, prepare any derivative work of or alter in any way, any of the tracks streamed through the Radio Services;

(viii) you shall not attempt to, or encourage any other person to, circumvent, edit, defeat, impair, modify, alter or tamper in any way, or for any reason whatsoever, any digital rights management or copyright protection technology or mechanism embedded in or associated with the Services; and

(ix) you shall not access or attempt to access an account that you are not authorized to access.

C) Pay Services. In addition to the criteria and terms set forth in Section 3(B) above, in order to subscribe to the Subscription Radio Services and to purchase any of the Sound Recordings (the "Pay Services"), you shall comply with the following terms:

(i) you shall provide accurate, current and complete information required to establish a valid customer account with Musicmatch (your "Account");

(ii) you shall maintain your Account with up-to-date information;

(iii) you shall be responsible for maintaining the confidentiality and security of your Account, as well as for all activities that occur on or through your Account;

(iv) you shall immediately report any unauthorized use of your Account to Musicmatch, as well as any other breach of security;

(v) you shall permit Musicmatch to store and use personal data (including credit card information) provided by you for purposes of maintaining your Account and for billing fees and other charges (e.g., taxes and late fees, as applicable) to your credit card;

(vi) you shall be responsible for providing: (a) the DSL, cable modem or any other hardware necessary to listen to CD-quality music streams on the Subscription Radio Services and (b) any hardware and software necessary to use the Sound Recordings;

(vii) you shall not share your password with any other person; and

(viii) you shall not assign, sell or transfer your Account (or access thereto) to any other person.

D) Subscription Radio Services - In addition to the criteria and terms set forth in Sections 3(B) and 3(C) above, in order to subscribe to any Subscription Radio Services, you shall comply with the following terms:

(i) you shall be at least 18 years of age;

(ii) you shall permit all renewal charges to be charged automatically to your credit card without prior notification;

(iii) you may cancel the Subscription Radio Services online at any time; and

(iv) you acknowledge that you are not entitled to any refunds (including pro-rated refunds) for Subscription Radio Services, except for refunds issued within one week of the initial subscription.

E) Sound Recordings - In addition to the criteria and terms set forth in Sections 3(B) and 3(C) above, in order to purchase a Sound Recording, you shall comply with the following terms:

(i) you may use a Sound Recording on up to five (5) computers at any time;

(ii) you acknowledge that no purchase or acquisition of any other product shall be construed to represent or guarantee your access to any of the Sound Recordings;

(iii) you acknowledge that the security framework used in the Sound Recordings limits your ability to burn only seven (7) copies of a specific playlist for your individual, personal use.

(iv) you acknowledge that the security framework used in the Sound Recordings limits your ability to export copies solely to portable devices that support the WMA 1000 Digital Rights Management technology.

(v) you acknowledge that Musicmatch reserves the right to modify the security framework used in the Sound Recordings or discontinue using the security framework and that after any such modification or discontinuance you may not be able to use the Sound Recording to the same extent as prior to such modification or discontinuance; and

(vi) you shall not be entitled to a refund for any amounts paid for Sound Recordings.


4. ELECTRONIC SIGNATURE AND CONTRACTS
YOU ACKNOWLEDGE THAT EACH TIME YOU ELECTRONICALLY ORDER ANY OF THE MUSICMATCH PRODUCTS AND SERVICES, SUBMIT ACCOUNT INFORMATION, SUBMIT NOTICES OF CANCELLATION OR CONDUCT ANY OTHER TYPE OF TRANSACTION THROUGH THE SERVICES (COLLECTIVELY, THE "TRANSACTIONS") EACH SUCH TRANSACTION CONSTITUTES YOUR AGREEMENT AND INTENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT.


5. COPYRIGHT AND TRADEMARKS

A) Musicmatch or its suppliers owns all title and copyrights in and to the Musicmatch Products and Services. All title and intellectual property rights in and to the content in the Services is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. ANY USE OF THE MUSICMATCH PRODUCTS AND SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED AND MAY INFRINGE ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. ANY SUCH INFRINGEMENT MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES.

B) You shall maintain all copyright and other proprietary notices on all copies of the Musicmatch Products and Services.

C) The following are registered trademarks or trademarks of Musicmatch: MUSICMATCH (R) and its design logo, AUTODJ (R), ARTIST MATCH TM, and FREEDOM FOR MUSIC LOVERS (R), as well as certain other Musicmatch trademarks, service marks, graphics, and logos (collectively, the "Musicmatch Trademarks") used in connection with the Musicmatch Products and Services. The Musicmatch Products and Services may contain third-party trademarks, service marks, graphics, and logos with the permission of such third parties. You are not granted any right or license with respect to Musicmatch Trademarks or the trademarks of any third-party.


6. SECURITY

A) The Services include a security framework using technology to protect digital information and your use of the Services is limited by such framework and the terms of this Agreement. You acknowledge that, from time to time, Musicmatch may modify or discontinue using such security framework, which may further limit your access to the Services. Security modifications made by Musicmatch may from time to time include required or automated updates, modifications, patches, and/or reinstallations of Products. Any violation or attempt to violate any system or network security components may result in civil or criminal liability.

B) Your use of the Jack Horntip Collection's Products and Services may be monitored by Musicmatch for compliance purposes.

C) The Jack Horntip Collection may cooperate with and disclose information (including your Account information) to any authority, government official or third-party, without giving any notice to you, in connection with any legal proceeding or claim arising from an asserted illegal action or infringement due to your use of the the Jack Horntip Collection's Products and Services.


7. EXPORT LAW ASSURANCES

You shall not use or otherwise export or re-export any of the Products except as authorized by United States laws and the laws of the jurisdictions in which the Products were obtained. In particular, but without limitation, the Software may not be exported or re-exported:

A) into (or to a national or resident of) any U.S. embargoed countries; or

B) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.

By using the Products, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.


8. PRIVACY POLICY

Unless otherwise addressed in this Agreement, the Musicmatch Products and Services are subject to Musicmatch's Privacy Policy, which can be found at http://www.musicmatch.com/info/terms/privacy.htm and which by reference is made a part of this Agreement. It is important that you read and understand the terms of Musicmatch's Privacy Policy.


9. AGREEMENT TO PAY

Each time you order any Pay Service: (i) all fees and charges associated with such order shall be paid by you on a timely basis, and (ii) all such fees and charges and any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account will be charged on your credit card. It shall be your responsibility to make sure that at all times you maintain valid credit card information in your Account information. If you want to designate a different credit card from the one listed in your Account information, you shall update your credit card information in the Musicmatch's account section of the Software. (You acknowledge that a temporary disruption of the Pay Services may occur while Musicmatch verifies the new credit card information.)


10. TERM

This Agreement shall remain effective until terminated by you or terminated by Musicmatch due to your noncompliance with any provision of this Agreement. Whenever this Agreement is terminated, regardless of the reason, you shall destroy your Products (including all copies of them, regardless of form) and cancel your Subscription Radio Services.


11. NO WARRANTY

THE SOFTWARE IS LICENSED TO YOU "AS IS." ANY UPGRADES, PLUG-INS, FREE RADIO SERVICES, SUBSCRIPTION RADIO SERVICES AND THE SOUND RECORDINGS ARE ALSO PROVIDED TO YOU "AS IS." ANY USE OF THE MUSICMATCH PRODUCTS AND SERVICES SHALL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MUSICMATCH AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.


12. DISCLAIMER AND LIMITATION OF REMEDIES

A) MUSICMATCH MAKES NO GUARANTEE, REPRESENTATION, OR WARRANTY THAT USE OR RESULTS OF THE USE OF THE MUSICMATCH PRODUCTS AND SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, MUSICMATCH MAY MODIFY, SUSPEND, OR DISCONTINUE THE MUSICMATCH PRODUCTS AND SERVICES (INCLUDING ANY CONTENT). WHENEVER MUSICMATCH ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE MUSICMATCH PRODUCTS AND SERVICES, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.

B) IN NO EVENT WILL MUSICMATCH BE LIABLE TO YOU FOR DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF MUSICMATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MUSICMATCH OR OTHERS SHALL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.

C) REASONABLE EFFORTS WILL BE MADE BY MUSICMATCH TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH YOUR ACCOUNT AND THE SERVICES; HOWEVER, YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY SUCH INFORMATION IS AT YOUR SOLE RISK. MUSICMATCH DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

D) MUSICMATCH MAKES NO REPRESENTATION OR GUARANTEE THAT THE MUSICMATCH PRODUCTS AND SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND MUSICMATCH DISCLAIMS ANY LIABILITY RELATING THERETO. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP YOUR OWN COMPUTER SYSTEM, AS WELL AS MAKING COPIES OF ALL SOUND RECORDINGS YOU HAVE PURCHASED.

E) While using the Musicmatch Products and Services, you understand that you may encounter offensive, indecent or objectionable content, which may or may not be identified as having explicit language. Musicmatch shall have no liability to you for any offensive, indecent or objectionable content.

F) WITH RESPECT TO THE PRODUCTS, MUSICMATCH'S AND ITS SUPPLIERS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF ONE DOLLAR (US $1.00) OR THE TOTAL AMOUNT PAID BY YOU FOR THE PRODUCT AT ISSUE.

G) WITH RESPECT TO THE SUBSCRIPTION RADIO SERVICES, MUSICMATCH'S AND ITS SUPPLIERS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF ONE DOLLAR (US $1.00) OR THE TOTAL AMOUNT PAID BY YOU FOR THE SUBSCRIPTION RADIO SERVICE AT ISSUE DURING THE PRECEDING TWELVE (12) MONTHS.

H) WITH RESPECT TO THE SOUND RECORDINGS, MUSICMATCH'S AND ITS SUPPLIERS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF ONE DOLLAR (US $1.00) OR THE TOTAL AMOUNT PAID BY YOU FOR THE SOUND RECORDINGS AT ISSUE UP TO AN AGGREGATE TOTAL AMOUNT OF THE PRICE PAID FOR ONE HUNDRED (100) SOUND RECORDINGS.

I) In the event technical problems delay or prevent delivery of any Updates, Plug-ins or Pay Services, your exclusive and sole remedy will be (in Musicmatch's sole determination) either replacement of such Updates, Plug-ins or Pay Services or refund of the purchase price for such Updates or Pay Services.

J) Some of the content, products, and services available through the Services may include materials that belong to third parties. You acknowledge that Musicmatch assumes no responsibility for examining or evaluating the content or accuracy of any such third-party materials and, furthermore, that Musicmatch shall have no liability or responsibility for materials, products, or services belonging to third parties.


13. INDEMNITY

WHENEVER YOU USE THE MUSICMATCH PRODUCTS AND SERVICES, YOU SHALL INDEMNIFY AND HOLD MUSICMATCH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO:

A) ANY SUITS OR CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY;

B) YOUR USE OF THE MUSICMATCH PRODUCTS AND SERVICES;

C) ANY REMOVAL OR REFUSAL TO PROCESS ANY INFORMATION OR CONTENT;

D) ANY SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE MUSICMATCH PRODUCTS AND SERVICES;

E) ANY WARNING GIVEN TO YOU BY MUSICMATCH; OR

F) ANY ACTION TAKEN BY MUSICMATCH AS PART OF ITS DUE DILIGENCE REGARDING A SUSPECTED VIOLATION OR AS A RESULT OF ITS DETERMINATION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED.

ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT ARE COVERED BY THIS PROVISION.


14. GENERAL

A) The Musicmatch Products and Services are owned or licensed by Musicmatch and are protected by United States copyright laws and international treaty provisions. Except as specifically provided for in Section 1(E) above, you shall not sublicense, assign, or transfer the license under this Agreement or the Products or make or distribute copies of any of them. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.

B) This Agreement shall be governed by the laws of the State of Missouri. The exclusive jurisdiction for any claim, action or dispute with Musicmatch or relating in any way to your use of the Musicmatch Products and Services shall be in the state and federal courts of the State of California and the venue for the adjudication or disposition of any such claim, action or dispute shall be in Saint Louis, Missouri.

C) Should you have any questions concerning this Agreement or need technical support, you may contact Musicmatch Support by visiting http://www.musicmatch.com/form/support/

D) Musicmatch may send notices to you with respect to the Musicmatch Products and Services by sending an email message to the email address listed in your Account information, by sending a letter via U.S. mail to the contact address listed in your Account information, or by a posting on the Software or Radio Services. Unless otherwise stated in the notices, the notices shall become effective immediately.

E) Musicmatch reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions (collectively, the "Additional Terms") on your use of the Musicmatch Products and Services. Such updates, revisions, supplements, modifications and Additional Terms will be effective immediately and incorporated into this Agreement. Your continued use of the Musicmatch Products and Services following such updates, revisions, supplements, modifications and Additional Terms will be deemed to constitute your acceptance of all of them. All updates, revisions, supplements, modifications and Additional Terms are hereby incorporated into this Agreement by this reference.


15. THIRD PARTY SOFTWARE

A) Microsoft. Content providers are using Microsoft Corporation's ("Microsoft") digital rights management technology for Windows Media ("WM-DRM") to protect the integrity of their content ("Secure Content") so that their intellectual property, including copyright, in such content will not be misappropriated. Portions of the Software and other third-party applications use WM-DRM to play the Secure Content ("WM-DRM Software"). If the WM-DRM Software's security has been compromised, owners of Secure Content (the "Secure Content Owners") may request that Microsoft revoke one or more of the rights of the WM-DRM Software to copy, display and play Secure Content. Revocation does not alter the WM-DRM Software's ability to play unprotected content. A list of revoked WM-DRM Software will be sent to your computer whenever you download a license for Secure Content from the internet. Microsoft may, in conjunction with such license, also download revocation lists onto your computer on behalf of Secure Content Owners. Secure Content Owners may also require you to upgrade some of the WM-DRM components distributed with the Software ("WM-DRM Upgrades") before accessing their content. When you attempt to play such content, WM-DRM Software built by Microsoft will notify you that a WM-DRM Upgrade is required and then ask for your consent before the WM-DRM Upgrade is downloaded. Non-Microsoft WM-DRM Software may do the same. If you decline the upgrade, you will not be able to access content that requires the WM-DRM Upgrade; however, you will still be able to access unprotected content and Secure Content that does not require the upgrade. WM-DRM features that access the internet, such as acquiring new licenses and/or performing a required WM-DRM Upgrade, can be switched off by Musicmatch. When these features are switched off, you will still be able to play Secure Content if you have a valid license for the Software already stored on your computer.

B) All Music Guide. ALL MUSIC GUIDE DATA is the property of AEC One Stop Group, Inc. ("AEC"), doing business as AMG, All-Music Guide and All Media Guide. You shall not modify, copy, scan or use any other method to reproduce, duplicate, translate, republish, transmit or distribute in any way any portion of the ALL MUSIC GUIDE DATA. You shall not download ALL MUSIC GUIDE DATA except for your own personal, non-commercial use. You shall indemnify, defend and hold harmless AEC, Musicmatch and their affiliates, against any and all claims, damages, costs or other expenses that arise directly or indirectly out of or from: (a) your unauthorized use of the ALL MUSIC GUIDE DATA; (b) your violation of the foregoing provisions; and/or (c) your unauthorized activities in connection with the ALL MUSIC GUIDE DATA.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND SHALL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.


Copyright (C) 2005 The Jack Horntip Collection. All rights reserved.