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1 *Amazon MP3 Music Service: Terms of Use*
2
3 THIS IS AN AGREEMENT BETWEEN YOU AND AMAZON DIGITAL SERVICES, INC. (WITH
4 ITS AFFILIATES, "AMAZON" OR "WE"). BEFORE USING THE AMAZON MP3 MUSIC
5 SERVICE (THE "SERVICE"), PLEASE READ THESE TERMS OF USE, ALL RULES AND
6 POLICIES RELATED TO THE SERVICE (INCLUDING, BUT NOT LIMITED TO, ANY
7 PRODUCT-SPECIFIC RULES OR USAGE PROVISIONS SPECIFIED ON ANY PRODUCT
8 DETAIL PAGE OR IN ANY LINK FROM A PRODUCT DETAIL PAGE), THE AMAZON.COM
9 PRIVACY NOTICE, AND AMAZON.COM CONDITIONS OF USE (COLLECTIVELY, THIS
10 "AGREEMENT"). IF YOU USE THE SERVICE, YOU WILL BE BOUND BY THE TERMS OF
11 THIS AGREEMENT.
12
13 1. The Service
14 2. Digital Content
15 3. Software
16 4. Reservation of Rights
17 5. Territorial Restrictions
18 6. General
19
20 ------------------------------------------------------------------------
21
22 *1. The Service*
23
24 The Service offers downloads of digitized versions of audio recordings,
25 artwork and information relating to such audio recordings, and other
26 content (individually and collectively, "Digital Content") and other
27 services under the terms and conditions in this Agreement.
28
29 *2. Digital Content*
30
31 *2.1 License. *Upon your payment of our fees for Digital Content, we
32 grant you a non-exclusive, non-transferable license to use the Digital
33 Content for your personal, non-commercial, entertainment use, subject to
34 and in accordance with the terms of this Agreement. You may copy, store,
35 transfer and burn the Digital Content only for your personal,
36 non-commercial, entertainment use.
37
38 *2.2 Restrictions. *You represent, warrant and agree that you will use
39 the Service only for your personal, non-commercial, entertainment use
40 and not for any redistribution of the Digital Content or other use
41 restricted in this Section 2.2. You agree not to infringe the rights of
42 the Digital Content's copyright owners and to comply with all applicable
43 laws in your use of the Digital Content. Except as set forth in Section
44 2.1 above, you agree that you will not redistribute, transmit, assign,
45 sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or
46 otherwise transfer or use the Digital Content. You are not granted any
47 synchronization, public performance, promotional use, commercial sale,
48 resale, reproduction or distribution rights for the Digital Content. You
49 acknowledge that the Digital Content embodies the intellectual property
50 of a third party and is protected by law.
51
52 *2.3 Explicit Content. *You agree that we have no liability to you for
53 Digital Content you find to be offensive, indecent or objectionable.
54
55 *2.4 All Sales Final; Downloading and Risk of Loss; Availability of
56 Digital Content. *All sales of Digital Content are final. We do not
57 accept returns of Digital Content. Once you have purchased Digital
58 Content, we encourage you to download it promptly and to make back-up
59 copies of it. If you are unable to complete a download after having
60 reviewed our online help resources, please contact Amazon customer
61 service. You bear all risk of loss after purchase and for any loss of
62 Digital Content you have downloaded, including any loss due to a
63 computer or hard drive crash. We may, from time to time, remove Digital
64 Content from the Service without notice.
65
66 *3. Software*
67
68 *3.1 General. *We may make available to you, from time to time,
69 software for your use in connection with the Service (any and all such
70 software, individually and collectively, the "Software").
71
72 *3.2 Use of the Software. *You may use the Software only in connection
73 with the Service. You may not separate any individual component of the
74 Software for use other than in connection with the Service, may not
75 incorporate any portion of it into your own programs or compile any
76 portion of it in combination with your own programs, may not transfer it
77 for use with another service, or use it, or any portion of it, over a
78 network and may not sell, rent, lease, lend, loan, distribute or
79 sub-license the Software or otherwise assign any rights to the Software
80 in whole or in part. We may discontinue some or all of any Software we
81 provide, and we may terminate your right to use any Software at any time
82 and in such event may modify it to make it inoperable.
83
84 *3.3 No Reverse Engineering, Decompilation, or Disassembly; Updates.
85 *You may not, and you will not encourage, assist or authorize any other
86 person to, modify, reverse engineer, decompile or disassemble the
87 Software, whether in whole or in part, or create any derivative works
88 from or of the Software. We may offer updates of the Software, from time
89 to time, for feature enhancement, security or other purposes. We will
90 not automatically update the Software, unless you authorize us to do so.
91
92 *3.4 Export Regulations; Government End Users. *You agree to comply
93 with all export and re-export restrictions and regulations of the
94 Department of Commerce and other United States agencies and authorities
95 that may apply to the Software. If you are a U.S. Government end user,
96 we are licensing the Software to you as a "Commercial Item" as that term
97 is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. ยง
98 2.101), and the rights we grant you to the Software are the same as the
99 rights we grant to all others under this Agreement.
100
101 *3.5 Damages Cap. *Without limiting the Disclaimer of Warranties and
102 Limitation of Liability in the Amazon.com Conditions of Use, in no event
103 shall our or our software licensors' total liability to you for all
104 damages (other than as may be required by applicable law in cases
105 involving personal injury) arising out of or related to your use or
106 inability to use the Software exceed the amount of fifty dollars
107 ($50.00). This limitation will apply even if the remedy fails of its
108 essential purpose.
109
110 *4. Reservation of Rights*
111
112 Except for the rights explicitly granted to you in this Agreement, all
113 right, title and interest in the Service, the Software and the Digital
114 Content are reserved and retained by us and our licensors. You do not
115 acquire any ownership rights in the Software or Digital Content as a
116 result of downloading Software or Digital Content.
117
118 *5. Territorial Restrictions*
119
120 As required by our Digital Content providers, Digital Content will,
121 unless otherwise designated, be available only to customers located in
122 the United States.
123
124 *6. General*
125
126 *6.1 Termination; Amendments. *Your rights under this Agreement will
127 automatically terminate without notice from us if you fail to comply
128 with any of its terms. In case of such termination, you must cease all
129 use of the Software and Digital Content, and we may immediately revoke
130 your access to the Service without notice to you and without refund of
131 any fees. Our failure to insist upon or enforce your strict compliance
132 with this Agreement will not constitute a waiver of any of our rights.
133 We may amend any of this Agreement's terms at our sole discretion by
134 posting the revised terms on the Service's website. Your continued use
135 of the Service, the Software or the Digital Content after any such
136 amendment's effective date evidences your agreement to be bound by it.
137
138 *6.2 Third-Party Beneficiaries. *Digital Content copyright owners are
139 intended third-party beneficiaries under this Agreement and may enforce
140 this Agreement against you.
141
142 *6.3 Contact Information. *For communications concerning this
143 Agreement, please write to Amazon.com, Attn: Legal Department, 1200 12th
144 Avenue South, Suite 1200, Seattle, WA, 98144-2734.

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