Terms of Service BCM Stream

 

IMPORTANT-READ CAREFULLY: This BCM Stream End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Soundware BV for the BCM Stream software product identified above, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation or data (collectively, “SOFTWARE PRODUCT”). By using the SOFTWARE PRODUCT in any way, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use the SOFTWARE PRODUCT.

SOFTWARE PRODUCT LICENSE

Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold. The SOFTWARE PRODUCT is owned and copyrighted by Soundware BV. Your license confers no title or ownership in the Software and is not a sale of any rights in the Software.

INTRODUCTION

This EULA describes your rights with respect to the SOFTWARE PRODUCT and its components. The following terms govern your use of the specified SOFTWARE PRODUCT.

1. GRANT OF LICENSE. This EULA grants you the following rights: You may use one (1) copy of the SOFTWARE PRODUCT on a single computer. “Use” means storing, loading, installing, executing or displaying the SOFTWARE PRODUCT. You may only use this software for the reproduction of media provided to you under the Media Service Agreement by BCM Stream. If the Media Service Agreement is terminated, the license of this SOFTWARE PRODUCT expires without any refund.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

* License Term Verification. Soundware BV reserves the right to request verification of license compliance with this EULA.

* Grant of this license. The grant of license is subject to fees collected by BCM Stream. If the fees are not paid to BCM Stream when due, Soundware BV can –in it’s sole discretion- block or terminate the license without any refund.

* Confidential Information. The term “Confidential Information” means any information or material, which is proprietary to Soundware BV, whether or not owned or developed by Soundware BV, which is not generally known other than by Soundware BV, and which you have obtained through Soundware BV. Confidential Information includes without limitation: trade secrets, technical information, product design information, database scripts, database schema, source code and/or object code, copyrights and other intellectual property associated with the SOFTWARE PRODUCT.

* Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT.

3. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY SOUNDWARE BV.

4. TERMINATION. Without prejudice to any other rights, Soundware BV may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In the case of termination you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

5. COPYRIGHT. Copyright laws and international treaty provisions protect the SOFTWARE PRODUCT. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material. You may not copy the printed or “online” materials accompanying the SOFTWARE PRODUCT.

6. EXPORT RESTRICTIONS. You may only use this product in the country in which your media supplier has supplied it to you.

MISCELLANEOUS

Only Dutch law will apply to this agreement. Should you have any questions concerning this EULA, or if you desire to contact Soundware BV for any reason, please write to:

Soundware BV
Celsiusstraat 9
6003DG Weert
The Netherlands

 

LIMITED WARRANTY

NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOUNDWARE BV 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, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOUNDWARE BV BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL 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 THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF SOUNDWARE BV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This is a Music License Agreement under which you may use the music provided on the BCM Stream platform under the following conditions:

1. BCM Stream grants a non-transferable and non-exclusive User Right for the musical works. This User Right exclusively entails the authority to play the musical works as background music in the corporate premises of User.

2. All rights relating to the musical works contained in the catalog, are reserved by BCM Stream and/or her licensors and are protected by copyright legislation. No stipulation in the license agreement applies to full or partial transfer of the rights to User.

3. User is not allowed to copy the musical works or any data generated from- or linked to- the musical works.

4. User must be in possession of an active internet connection to stream the musical works. The internet connection remains at the expense of User.

5. This agreement is valid as long as User pays the monthly fees associated with this agreement.

6. BCM Stream has the right to refuse this agreement without any further explanation.

7. User is forbidden to use the musical works in such a way that it leads or could lead to any form of – whether or not commercial – exploitation of the musical works or parts thereof by User or a third party. User is not permitted to give or transfer the musical works, in any form whatsoever, to third parties or to make them available to third parties in any way.

8. User expressly safeguards BCM Stream against claims of third parties as a consequence of infringement of third party rights by User.

9. BCM Stream shall secure relevant data to BCM Stream by copying them to the BCM Stream server. This data is used for service purposes, development and reports to copyright organizations and other copyrights holders.

10. BCM Stream retains the right to alter the price or conditions of the BCM Stream service.

11. BCM Stream is entitled, in case of non-fulfillment of obligations in this agreement and especially payment obligations, to block the software and suspend the availability of musical works, without the obligation of payment of any damages or restitution by BCM Stream.

12. In the event that User cannot use the streaming service and/or certain functions of BCM Stream it shall be for his risk and therefore does not influence his payment obligations.

13. In case of Force Majeure BCM Stream is entitled to suspend fulfillment of obligations arising from the agreement, or to dissolve this agreement, insofar it has not been executed, without the obligation of BCM Stream to pay for any damages. Force Majeure here is: any breach of the execution of this agreement for which BCM Stream cannot be held responsible because BCM Stream is not accountable for it by law, legal act or generally accepted standards.

14. BCM Stream is entitled to immediately dissolve this agreement, without prior notice of default, in case :

  • User attributably falls short in respecting any obligation mentioned in this agreement;
  • User is granted, whether or not preliminary, moratorium or when User is declared bankrupt or placed under legal restraint or administration.
  • User partially or entirely ceases his business operations or otherwise winds up and/or transfers his business operations to a third party.

15. Public performance rights are not included in this agreement and are the responsibility of User. Public performance rights shall remain at the expense of User. Please contact the appropriate licensing body in your country to obtain the license for public performance.

16. In case one or more above-mentioned stipulations are not or will not be legal, the other stipulations remain valid. In that case a new stipulation, instead of the non-valid stipulation, resembling the old non-valid stipulation as much as possible regarding content, scope and purpose, shall take effect.

17. To any disputes arising from this agreement and the execution thereof, or related disputes between BCM Stream and User, Dutch law is exclusively applicable.

18. Any disputes, arising from this agreement or the execution thereof, between User and BCM Stream, shall exclusively be submitted to the court of Roermond; insofar legal stipulations shall not oppose this.

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