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REGISTER YOUR PRODUCT FOR
FREE ADDITIONAL SOUNDS!
Agreement of Terms - Please read then
click here to register
When
accessing the mp3's provided by this site you agree that you will use
the sounds downloaded for personal use only. You agree that you will
not distribute free or for sale any mp3's downloaded from this site.
Chips International. Inc. is full owner of these sounds and has full
rights therefore. By registering you may receive other offers from Chips
International, Inc.
End User License for Sound
Files
This Agreement is between Chips
International, Inc., whose current address is
763A
Hwy 16 N, Priddy,
Texas 76870, and you, the customer of our product(s), whose address is guaranteed as correct as provided by
you in the product registration statement. Together, we are the
Parties (the Parties) to this Agreement.
You, the Customer, are considered the
End User of the Sound Files ( the Sounds) covered by this Agreement.
The Sounds may not be transferred except as stated below. Chips
International, Inc. is willing to provide the Sounds for use by End
Users under the following terms and conditions:
A. The Sounds shall constitute
distinctive sounds, such as Halloween and/or other sounds, that have
been originally (or will be) developed by Chips International, Inc.
and/or purchased from vendor(s) or Licensor(s), as selected by Chips
International, Inc. at its sole discretion, each “Sound” name should
include the identification of the original Copyright Holder, and the
Sound (s) shall remain the valuable intellectual property of the
original Copyright Holder and are protected by law, including U.S.
Copyright laws and international treaties.
B. The number of Sounds made
available to End Users will be determined by Chips International,
Inc., and may be decreased or increased as any time in the future.
If, in the
future, the number of sound files made available has decreased or
discontinued entirely, those customers that have previously received
the “Sounds” will be authorized to use the Sounds per the Agreement
that was a in effect at the time of the receipt of the “Sounds”.
If, in the future, the number of
Sounds made available has increased, Chips International, Inc. is in
no way responsible for contacting previous End Users to upgrade to
the “new” sounds made available. The End User is solely responsible
to contact Chips International, Inc., for authorization to
“download” any “new” Sounds, and Chips International, Inc., is in no
way obligated to authorize such download.
C. This Agreement does not authorize
or permit any use of the Sounds unless expressly set forth herein.
End Users must first obtain authorization from Chips International,
Inc. in writing to use the Sounds for purposes other than expressly
granted in this Agreement.
D. Chips International, Inc, its
Vendors, and/or Licensor’s reserve all rights not expressly granted
to the End User in this Agreement. All rights granted to End User
are on a non- exclusive basis, unless, under separate agreement,
“Sounds” may be developed specifically for specific End User(s).
E. As limited by this Agreement, End
Users are authorized to use the Sounds world-wide in message
recorder/player products as developed and sold by Chips
International, Inc., as follows:
1) The Sounds may be used by
Licensee, it’s agents, distributors, and/or retailers, for
demonstration and/or educational purposes to demonstrate the
Licensee’s products.
2) The Sounds may be used to provide content for purchasers of the
Chips International,
Inc.’s products, such as, the “Halloween Howler” message
recorder/player (a.k.a.AudioPal SUPERSELLER).
3) Use of the Sounds is authorized
for similar-type products, regardless of “Product Name”
or “Company “ distributing the product, so long as the “product” is
developed or sold by
Chips International, Inc., and sold through authorized distributors.
4) This License applies to End Users, whether the product was sold
directly by Chips
International, Inc., and/or through agents, distributors, retailers,
etc., worldwide.
5) Access to the Sounds may be made to End Users through Chips
International, Inc.’s
internet website(s).
A Copyright Notice (see sample below)
must be posted in the download area of the website
advising end user(s) of the restrictions on the Sounds.
6) Nothing in this Agreement restricts the Chips International, Inc.
from charging a “user fee”
for use of the Sounds in the future.. However, End Users will be
entitled to continue using
the Sounds per the Agreement in effect at the time of receipt of the
Sounds.
F. Unless specifically authorized by
Chips International, Inc., in writing, End Users are prohibited
from:
1) Transferring, copying, or
duplicating the Sounds in whole or in part for any other
purpose than covered by this Agreement.
2) Sub-licensing, assigning, or
transferring any of the rights, duties, or obligations
under this Agreement to any other person, company, or interested
party.
3) Allowing unrestricted General
Public access to the Sounds.
4) End Users are not authorized to
“share” the Sounds with others.
5) The Sounds may not be sold or distributed in whole or in part in
any form or medium,
either alone or mixed with other sounds or media.
G. End Users are authorized to use
the Sounds as follows:
1) The Sounds may be used in both
commercial and/or residential purposes.
2) The Sounds may be downloaded from the Licensee’s website(s) and
recorded and saved
onto the end user’s personal computer Hard Drive to record the
Sounds into Licensee’s
products only.
3) The end user may re-use the Sounds by re-recording a different
Sound into the
Licensee’s products, as desired.
4) A single “archival copy” of the
Sounds may be recorded onto a compact disc, or cassette
tape, or other media, etc., by end users for back-up purposes.
H. The Sounds are licensed “as is”, including any defects, known or
unknown. End User bears the entire risk relating to the quality and
performance of the Sounds.
I. End Users (you) agree that the
sounds will only be used for purposes authorized in this Agreement.
You agree to defend, indemnify, and hold harmless Chips
International, Inc., its officers, directors, employees, heirs or
assignees, for and from any liability for the unauthorized use of
the Sounds that may emanate from your receiving, possessing or use
of the Sounds, including any direct, indirect, incidental, or
consequential damages.
K. Chips International, Inc. warrants
that it has the right to authorize the use of one hundred per cent
(100%) of the Sounds throughout the world when used according to
this Agreement.
L. The following is a Copyright
Notice is made part of this Agreement:
COPYRIGHT NOTICE
Warning: These sound effects are
owned by DZX Creative Studio and/or Dave Stroud, (or others) and, by
License Agreement, are licensed to Chips International Inc. for the
use in its products only. Chips International, Inc., may also own
some of the Sounds. All rights reserved. Unauthorized duplication or
use is a violation of applicable Federal and State laws of the
United States and international treaties. None of the Sounds may be
re-recorded, duplicated, or resold, except as expressly granted in
the License Agreement, without the express written consent of the
Owner and Copyright Holder, such as DZX Creative Studio and/or Dave
Stroud., Salt Lake City, Utah. Contact Chips International, Inc.
with any questions.
© 2002 Dave Stroud , (P) 2004 Dave
Stroud , Licensed by Chips International, Inc. 2004.
M. This license is binding upon and
shall inure to the benefit of the respective successors and/or
assigns of the Parties hereto.
N. This Agreement shall be construed
under and in accordance with the laws of The United States of
America, State of Texas.
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