Individual License Agreement
License Agreement: This license agreement covers the use of digital download of THE ALEXANDER SCOURBY NARRATION OF THE KING JAMES BIBLE, BOTH DRAMATIZED AND NON DRAMATIZED, hereafter referred to as “The Work”. (Contact for Litchfield Associates is info@scourby.com)
THIS AGREEMENT is made between:
LITCHFIELD ASSOCIATES ("Licensor") and
User ("Licensee") (collectively, the "Parties").
THIS AGREEMENT is made between:
LITCHFIELD ASSOCIATES ("Licensor") and
User ("Licensee") (collectively, the "Parties").
WHEREAS, Licensor is the copyright holder and owner of all proprietary interest in “The Work”.
AND WHEREAS, Licensor wishes to permit Licensee to use the “The Work” and audio files contained in “The Work” under the terms set forth in this Agreement;
NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the Parties agree as follows
1. Grant of License.
Licensor hereby grants to Licensee a personal/single household license to “The Work” in the following respects (the "License"):
a. Reproduce Personal/Single Household Copies of “The Work”
b. Play “The Work” for personal/single household use through any audio playback system as long as it is not intended or broadcasted for commercial or public use.
c. Transfer “The Work” to another person only in accordance to the instructions listed in the TRANSFER (6) Section of this agreement.
1.1 License Limitations. The following are examples of use that is NOT INCLUDED in this License and therefore not permitted nor granted:
A. Licensee may not sell or Re-Sell “The Work” in any part, portion, format or form.
B. Licensee may not incorporate any part of “The Work” into another product, created by Licensee
C. Licensee may not use “The Work” in advertising materials without written permission from the Licensor.
D. “The Work” is only for the personal use and enjoyment of the Licensee and Licensee may not Re-Broadcast or Distribute “The Work” in any fashion anywhere. “The Work”, Materials or Clips, and all software, artwork, graphics, video, text, interfaces, trademarks, logos, images, photographs, and any other element of the Scourby.com download store (collectively "Content"), including, but not limited to the layout, election, organization, and co-ordination of such Content on the website is the property of, or is licensed to, Litchfield Associates Limited, and is protected by trademark, copyright, and other intellectual property rights laws.
AND WHEREAS, Licensor wishes to permit Licensee to use the “The Work” and audio files contained in “The Work” under the terms set forth in this Agreement;
NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the Parties agree as follows
1. Grant of License.
Licensor hereby grants to Licensee a personal/single household license to “The Work” in the following respects (the "License"):
a. Reproduce Personal/Single Household Copies of “The Work”
b. Play “The Work” for personal/single household use through any audio playback system as long as it is not intended or broadcasted for commercial or public use.
c. Transfer “The Work” to another person only in accordance to the instructions listed in the TRANSFER (6) Section of this agreement.
1.1 License Limitations. The following are examples of use that is NOT INCLUDED in this License and therefore not permitted nor granted:
A. Licensee may not sell or Re-Sell “The Work” in any part, portion, format or form.
B. Licensee may not incorporate any part of “The Work” into another product, created by Licensee
C. Licensee may not use “The Work” in advertising materials without written permission from the Licensor.
D. “The Work” is only for the personal use and enjoyment of the Licensee and Licensee may not Re-Broadcast or Distribute “The Work” in any fashion anywhere. “The Work”, Materials or Clips, and all software, artwork, graphics, video, text, interfaces, trademarks, logos, images, photographs, and any other element of the Scourby.com download store (collectively "Content"), including, but not limited to the layout, election, organization, and co-ordination of such Content on the website is the property of, or is licensed to, Litchfield Associates Limited, and is protected by trademark, copyright, and other intellectual property rights laws.
Without the prior written consent of LITCHFIELD Limited and except as provided in this license agreement, no Content of “The Work” may be copied, reproduced, transmitted/translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, marketed, reproduced, altered to make new works, performed, or compiled in any way to any other computer, website, or other medium for any purpose. You are not permitted to post “The Work” on any web site and offer people the ability to listen to “The Work” for free. You are not permitted to post “The Work” on a peer to peer network, YouTube, face book, my space or any other social networking site where people can listen to “The Work” for free. This is a single user license and the licensee is only permitted to use “The Work” for their personal use and enjoyment and you only obtaining the right to download and stream the “The Work” on your PC or other device for your personal enjoyment and you can not redistribute “The Work” to any third party for any reason or for any purpose whatsoever without the prior written permission from Litchfield Associates. You understand that Piracy is illegal and you agree and confirm you will only use “The Work” for your own personal use and observe all of the terms and conditions of use as spelled out in this license agreement and in the “user terms and conditions”.
E. Licensee my not upload this to any third party or file sharing computer network or use their computer or web site to share the audio files of “The Work” with others.
F. Licensee may not use, copy or distribute “The Work” in any fashion except as specified in the Grant of License (1) section of this agreement.
1.2 The License shall be exclusive. Licensor shall remain the sole owner of the copyright in “The Work”. Licensee shall enjoy only the rights set forth above, and nothing in this Agreement shall entitle Licensee to make any claim to ownership of the copyright in “The Work” or to use “The Work” in any commercial or non commercial way except for their own personal use and enjoyment. Licensee may not make any other use of “The Work” other than those authorized in this agreement without prior written approval from Licensor.
2. Term.
a. The term of this Agreement shall begin on the date as posted on the Licensee's purchase invoice and receipt and shall continue in full force and effect for the period of the Licensee's life (this agreement expires immediately upon the death of the Licensee), unless terminated earlier pursuant to this the terms of this Section 2.
b. The Licensor shall have the right to terminate this Agreement should the Licensee materially breaches a material provision, term, or condition under this Agreement.
3. Thirty (7)-Day Download Access.
The Licensee agrees that access to the download page via a User Log-In Name and Password is limited to thirty (7) calendar days, beginning the day of purchase and ending thirty (7) days later. After the thirty (7) days have expired, the Licensee also agrees that they forfeit all rights and ownership interest of log-in names and passwords that during the thirty (7) day access period allowed the Licensee to enter the download page and the files contained therein.
a. The Licensee also agrees that if they wish to access the download page after the thirty (30) day access period has expired, the Licensee will re-purchase (pay again), and accept again the terms to a new and second license agreement. The Licensee also agrees not to dispute the Thirty (30)-day download access terms of this agreement agreeing that they understand this limitation fully and agree to the expiration of their rights to access “The Work” via the download page.
4. Licensor's Representations and Warranties.
a. Licensor represents and warrants that it is the sole and exclusive owner of the copyright in “The Work”, and owns all right, title and interest in “The Work”.
b. Licensor represents and warrants that it has the legal authority to grant Licensee this License, and that no other person or entity is required to give its consent for the License to be valid.
c. Licensor makes no warranty, nor guarantees any results or behavior arising from the use of “The Work”.
5. Indemnification.
Licensee agrees to indemnify and hold harmless Licensor for any claims, suits, damages, actions, or other costs arising out any breach of Licensor's warranties set forth in Section 4 above.
5.1 The Licensee also agrees to defend, indemnify and hold Litchfield Associates harmless against any losses, expenses, costs bodily harm or damages (including any reasonable attorneys' fees and costs) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions of this Agreement, (b) your use of “The Work”, and/or (c) the use “The Work” by any authorized third party. Litchfield Associates may participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval.
6. Transfer.
You may not rent, lease, sublicense, assign or transfer your rights in “The Work”, or authorize all or any portion of “The Work” to be copied onto another user's Computer, Compact Disc, or other Media Delivery means, except as may be expressly permitted herein. You may, however, transfer all your rights to Use “The Work” to another person or non-commercial legal entity provided that:
a. You also transfer
i. This Agreement, and
ii. “The Work” (audio files, and any CDs you made) and any/all copies you may possess of such Material, and
b. You retain no copies upon transfer, including backups and copies stored on a Computer, and
The receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license “The Work”. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of “The Work”.
7. Other downloads.
Licensor may offer other downloads from the www.scourby.com site from time to time. Licensee agrees that all the same terms and conditions shall apply for those downloads as applies “The Work”
8. Governing Law.
This Agreement shall be construed in accordance with, and governed in all respects by, the laws of Costa Rica, without regard to conflicts of law principles.
9. Counterparts.
This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.
10. Severability.
If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
11. Arbitration.
E. Licensee my not upload this to any third party or file sharing computer network or use their computer or web site to share the audio files of “The Work” with others.
F. Licensee may not use, copy or distribute “The Work” in any fashion except as specified in the Grant of License (1) section of this agreement.
1.2 The License shall be exclusive. Licensor shall remain the sole owner of the copyright in “The Work”. Licensee shall enjoy only the rights set forth above, and nothing in this Agreement shall entitle Licensee to make any claim to ownership of the copyright in “The Work” or to use “The Work” in any commercial or non commercial way except for their own personal use and enjoyment. Licensee may not make any other use of “The Work” other than those authorized in this agreement without prior written approval from Licensor.
2. Term.
a. The term of this Agreement shall begin on the date as posted on the Licensee's purchase invoice and receipt and shall continue in full force and effect for the period of the Licensee's life (this agreement expires immediately upon the death of the Licensee), unless terminated earlier pursuant to this the terms of this Section 2.
b. The Licensor shall have the right to terminate this Agreement should the Licensee materially breaches a material provision, term, or condition under this Agreement.
3. Thirty (7)-Day Download Access.
The Licensee agrees that access to the download page via a User Log-In Name and Password is limited to thirty (7) calendar days, beginning the day of purchase and ending thirty (7) days later. After the thirty (7) days have expired, the Licensee also agrees that they forfeit all rights and ownership interest of log-in names and passwords that during the thirty (7) day access period allowed the Licensee to enter the download page and the files contained therein.
a. The Licensee also agrees that if they wish to access the download page after the thirty (30) day access period has expired, the Licensee will re-purchase (pay again), and accept again the terms to a new and second license agreement. The Licensee also agrees not to dispute the Thirty (30)-day download access terms of this agreement agreeing that they understand this limitation fully and agree to the expiration of their rights to access “The Work” via the download page.
4. Licensor's Representations and Warranties.
a. Licensor represents and warrants that it is the sole and exclusive owner of the copyright in “The Work”, and owns all right, title and interest in “The Work”.
b. Licensor represents and warrants that it has the legal authority to grant Licensee this License, and that no other person or entity is required to give its consent for the License to be valid.
c. Licensor makes no warranty, nor guarantees any results or behavior arising from the use of “The Work”.
5. Indemnification.
Licensee agrees to indemnify and hold harmless Licensor for any claims, suits, damages, actions, or other costs arising out any breach of Licensor's warranties set forth in Section 4 above.
5.1 The Licensee also agrees to defend, indemnify and hold Litchfield Associates harmless against any losses, expenses, costs bodily harm or damages (including any reasonable attorneys' fees and costs) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions of this Agreement, (b) your use of “The Work”, and/or (c) the use “The Work” by any authorized third party. Litchfield Associates may participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval.
6. Transfer.
You may not rent, lease, sublicense, assign or transfer your rights in “The Work”, or authorize all or any portion of “The Work” to be copied onto another user's Computer, Compact Disc, or other Media Delivery means, except as may be expressly permitted herein. You may, however, transfer all your rights to Use “The Work” to another person or non-commercial legal entity provided that:
a. You also transfer
i. This Agreement, and
ii. “The Work” (audio files, and any CDs you made) and any/all copies you may possess of such Material, and
b. You retain no copies upon transfer, including backups and copies stored on a Computer, and
The receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license “The Work”. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of “The Work”.
7. Other downloads.
Licensor may offer other downloads from the www.scourby.com site from time to time. Licensee agrees that all the same terms and conditions shall apply for those downloads as applies “The Work”
8. Governing Law.
This Agreement shall be construed in accordance with, and governed in all respects by, the laws of Costa Rica, without regard to conflicts of law principles.
9. Counterparts.
This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.
10. Severability.
If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
11. Arbitration.
Any dispute relating in any way to this Agreement shall be submitted to confidential arbitration in San Jose, Costa Rica except that, to the extent you have in any manner violated or threatened to violate Litchfield Associates intellectual property rights or other proprietary rights or the licenses granted pursuant to this Agreement, Litchfield Associates may seek injunctive or other appropriate relief in any state or federal court in the US or any court of competent jurisdiction in other countries, and you irrevocably agree to submit to the personal and exclusive jurisdiction and venue of such courts.
a. Arbitration under this agreement shall be conducted under the rules then prevailing of the Arbitration Association in Costa Rica. The arbitrator shall not have the power to modify alter, amend, add to or subtract from any term or provision of this Agreement, to rule upon or grant any extension, renewal or continuance of this Agreement, or to award damages or other remedies expressly prohibited by this Agreement, including, without limitation, punitive or exemplary damages. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
b. If, as a matter of law, the foregoing arbitration provision is not enforceable as to a particular claim brought by one party against the other, then that claim shall be instituted solely in a court situated in San Jose, Costa Rica; for this purpose, both you and Litchfield Associates irrevocably agree to submit to the personal and exclusive jurisdiction and venue of such courts.
12. Headings
The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.
12.1. Acceptance of this Agreement. The Licensee agrees that by clicking the "accept" button on the License Agreement page before checkout, that the terms of this agreement have been read entirely and are both understood and agreed to in full. The Licensee also agrees that the manner in which this agreement was entered into and agreed upon as stated above (clicking the "accept" button) is legally binding and valid in all courts, jurisdictions, states and countries.
13. Upon acceptance
Upon acceptance of this agreement and successful payment by the Licensee Litchfield Associates fully accepts the terms stated in this agreement and the terms therein and enters into the agreement as stated.
14. Entire Agreement.
This Agreement constitutes the entire agreement between Licensor and Licensee, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.
a. Arbitration under this agreement shall be conducted under the rules then prevailing of the Arbitration Association in Costa Rica. The arbitrator shall not have the power to modify alter, amend, add to or subtract from any term or provision of this Agreement, to rule upon or grant any extension, renewal or continuance of this Agreement, or to award damages or other remedies expressly prohibited by this Agreement, including, without limitation, punitive or exemplary damages. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
b. If, as a matter of law, the foregoing arbitration provision is not enforceable as to a particular claim brought by one party against the other, then that claim shall be instituted solely in a court situated in San Jose, Costa Rica; for this purpose, both you and Litchfield Associates irrevocably agree to submit to the personal and exclusive jurisdiction and venue of such courts.
12. Headings
The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.
12.1. Acceptance of this Agreement. The Licensee agrees that by clicking the "accept" button on the License Agreement page before checkout, that the terms of this agreement have been read entirely and are both understood and agreed to in full. The Licensee also agrees that the manner in which this agreement was entered into and agreed upon as stated above (clicking the "accept" button) is legally binding and valid in all courts, jurisdictions, states and countries.
13. Upon acceptance
Upon acceptance of this agreement and successful payment by the Licensee Litchfield Associates fully accepts the terms stated in this agreement and the terms therein and enters into the agreement as stated.
14. Entire Agreement.
This Agreement constitutes the entire agreement between Licensor and Licensee, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.
