END-USER LICENSE AGREEMENT (this "License Agreement") is between Kagi Media LLC. ("KAGI MEDIA") and Consumer ("You"). THIS LICENSE AGREEMENT RELATES TO ALL DVD VIDEO, COMPUTER PRODUCT’S, SOUND FILES AND THE ACCOMPANYING USER DOCUMENTATION CONTAINED ON THIS DVD-ROM (THE "PRODUCT"). THE PRODUCT IS COPYRIGHTED AND LICENSED (NOT SOLD) TO YOU. BY USING THE PRODUCT, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU AND LICENSOR CONCERNING THE PRODUCT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, DO NOT USE OR INSTALL THIS PRODUCT, AND REMOVE ALL PORTIONS OF THE PRODUCT, IF ANY, THAT HAVE BEEN INSTALLED OR COPIED ONTO YOUR COMPUTER. 1. License Grant. Licensor hereby grants to you, and you accept, a limited, single user, non-transferable, non-exclusive, perpetual, worldwide license to use the PRODUCT whether on disc, in read only memory or on any other media (collectively referred to as the "PRODUCT"). The PRODUCT may be used only on a single DVD player or a computer owned, leased, or otherwise controlled by you; or in the event of inoperability of that computer, on a backup computer selected by you. Neither concurrent use on two or more computers nor use on a local area network or other network is permitted. You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License Agreement, you agree that you will not reverse assemble, reverse compile, or otherwise translate the PRODUCT. 2. Licensor's Rights. You acknowledge and agree that the PRODUCT is proprietary product of Licensor protected under U.S. Copyright Law and International Treaties. You further acknowledge and agree that all right, title and interest in and to the PRODUCT, including any associated intellectual property rights, are and shall remain with Licensor. This License Agreement does not convey to you an interest in or to the PRODUCT, but only a revocable limited right of use revocable in accordance with the terms of this License Agreement. You are responsible for, and must use your best efforts to prevent the breaking of these terms by any other person. 2.1. Scope of Rights. You may: a. Install and copy the PRODUCT onto your computer; b. Retain the PRODUCT DVD for backup purposes; and c. Watch the DVD Video on your computer or DVD playing device. 2.2. Restrictions on Use. You may not: a. Use, copy, modify, rent, offer for rent, distribute, or otherwise market the PRODUCT (electronically or otherwise), or any copy, adaptation, transcription, or merged portion thereof, except as expressly authorized in writing by Licensor; b. Reverse assemble, reverse compile, or otherwise translate the PRODUCT; c. Distribute, sell, lease, license, rent or otherwise transfer copies of this Software to third parties. d. Reproduce, republish or reuse any photograph or any other element or content of the PRODUCT, individually or in combination, but applicable copyright law may give you such rights. If you are uncertain about your rights, please contact an attorney. e. Install, watch or copy any files or video from this PRODUCT unless, the PRODUCT was licensed from KAGI MEDIA or its licensors. 4. INTELLECTUAL PROPERTY OWNERSHIP. You acknowledge and agree Kagi Media retains all right, title, and interest (including trademark, copyright, patent, trade secret, moral rights, and all other intellectual property rights) in the PRODUCT and any and all copies of the PRODUCT, regardless of the form or medium, including all legally protectable derivative works relating to the PRODUCT. You also agree not to take any action to jeopardize, limit, or interfere with Kagi Media with respect to the PRODUCT. Nothing in this Agreement is to be construed as expressly or by implication granting any rights in the PRODUCT. 5. Term. This License Agreement is effective upon your opening of this PRODUCT and shall continue until terminated. You may terminate this License Agreement at any time by returning the PRODUCT and all copies thereof and extracts there from to Licensor. Licensor may terminate this License Agreement upon the breach by you of any term hereof. Upon such termination by Licensor, you agree to return to Licensor the PRODUCT and all copies and portions thereof. There shall be no refund in the event of termination under the provisions of this paragraph. 7. Limitation of Liability. The cumulative liability of Licensor to you for all claims relating to the PRODUCT and this agreement, including any cause of action sounding in contract, tort, or strict liability, shall not exceed the license fee paid to Licensor for use of the PRODUCT. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY LOSS OF PROFITS; ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; OR ANY CLAIMS OR DEMANDS BROUGHT AGAINST YOU, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DEMANDS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 8. Proprietary Protection. Licensor shall retain sole and exclusive ownership of all right, title, and interest in and to the PRODUCT and all modifications and enhancements. This Agreement does not provide you with title or ownership of the PRODUCT, but only a right of limited use. 9. Costs of Litigation. If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation. 10. Severability. In the event that any terms of this License Agreement are or become or are declared to be invalid or void by any court of competent jurisdiction, such determination shall have no effect on the remaining terms of this Agreement, which shall remain in full force and effect. 11. Governing Law. This License Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, U.S.A. All actions or proceedings seeking the interpretation and/or enforcement of this Agreement shall be brought only in the State or Federal Courts located in Davidson County in the State of Tennessee. Licensor and Consumer hereby submit themselves to the jurisdiction of such courts. 12. No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent action in the event of future breaches. 13. No Adequate Legal Remedy. You acknowledge that, in the event of your breach of any of the foregoing provisions, Licensor will not have an adequate remedy in money or damages. Licensor shall therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request. Licensor's right to obtain injunctive relief shall not limit its right to seek further remedies. CONTACT INFORMATION. If you have any questions about the PRODUCT or this License Agreement, you may contact Kagi Media at the following: Kagi Media LLC. (206) 321-6133 www.kagimedia.com Governing Law THIS AGREEMENT AND ANY SALES OR PATRONAGE HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TENNESSEE, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER OR PATRON CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN DAVIDSON COUNTY TENNESSEE FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AND PATRONAGE AGREEMENT. Should any portion of this Agreement be found to be invalid or unenforceable, it shall not affect the balance of this Agreement. Use Agreement By using Kagi Media LLC web sites (kagimedia.com and harddisklife.com) you (“Customer” or “you”) agree to be legally bound by this Website License, the Kagi Media End User Agreement and Kagi Media Legal and Copyright Notices contained therein. By making a purchase of any Kagi Media product from Kagi Media or any of Kagi Medias authorized vendors or authorized affiliates you are acquiring from Kagi Media a license to use the Kagi Media product and thus you agree to be bound by the terms and conditions of our End User Agreement and Kagi Media Legal Notices and Copyright Notices. ALL RIGHTS NOT EXPRESSLEY LICENSED HEREUNDER ARE RESERVED TO KAGI MEDIA. Copyright All content included on this site, such as text, phonorecords, graphics, logos, button icons, images, audio and video clips, products and software, is the property of KAGI MEDIA LLC and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of KAGI MEDIA LLC and protected by U.S. and international copyright laws. No part of this site may be reproduced or transmitted in any form or by any means including printing, photocopying, or any information storage and retrieval system without permission in writing from the online editor. KAGI MEDIA LLC and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if KAGI MEDIA LLC believes that customer conduct violates applicable law or is harmful to the interests of KAGI MEDIA LLC and its affiliates. Trademarks KAGI MEDIA ® is a registered trademark of KAGI MEDIA LLC. The KAGI MEDIA logo is a trademark of KAGI MEDIA LLC. Hard Disk Life is a trademark of Charles Dye. CHARLES DYE is a trademark of Charles Dye. MIX IT LIKE A RECORD is a trademark of Charles Dye and Kagi Media. LLC. The MIX IT LIKE A RECORD logo is a trademark of KAGI MEDIA LLC. Pro Tools HF_SC is a trademark of KAGI MEDIA LLC. The HUSTLE HARDER logo is a trademark of KAGI MEDIA LLC. The HUSTLE HARDER XXL logo is a trademark of KAGI MEDIA LLC. HUSTLE HARDER XXL is a trademark of KAGI MEDIA LLC and Disco D Productions LLC. HUSTLE HARDER Productions is a trademark of KAGI MEDIA LLC. All other brand names and product names mentioned or displayed on this site or in our products are trademarks or registered trademarks of their respective owners, used with permission. Notice and Agreement: Kagi Media prohibits the illegal or unauthorized distribution or use of any materials embodied on this web site (whether copied or downloadable). This web site and Kagi Media products are protected under the copyright laws of the United States and other countries. We do not allow reprinting or unauthorized distribution of our products or content by any means or in any forum. Any unauthorized copying, sale, hiring, lending, renting and leasing or public performance of Kagi Media products or content is illegal, and subject to criminal prosecution All Kagi Media products conform to the case law definitions of “phonorecords, compilations and computer software”. Further, all Kagi Media products contain phonorecords that require royalties agreements be reached between Kagi Media, authorized vendors and third party copyright holders. Kagi Media LLC will pursue violators of any prohibitions herein to the full extent of the law, including providing the proper authorities evidence of any criminal activity. By clicking our "buy buttons" you certify that you are not a re-seller or retailer or rental company. If you are, do not buy our products, as we do not authorize you to sell or rent our content. If you click our buy buttons and sell or rent our content you are in violation of the end user agreement. Conditions and Restrictions: The CUSTOMER agrees not to decompile, reverse engineer, disassemble or otherwise reduce Kagi Media products or content to a human perceivable form. The CUSTOMER shall not alter or modify Kagi Media products or content or create or prepare any derivative works or compilations from Kagi Media products or content. The CUSTOMER shall not sublicense, lend, lease, rent, loan, resell, distribute or transfer other rights in all or any portion of Kagi Media products or content or any copy to third persons. Except that the CUSTOMER may transfer Kagi Media products or content and all rights under this License to another party provided the transferee accepts the terms and conditions herein and provided the CUSTOMER obtains written consent from Kagi Media LLC. to transfer the products or content. For clarity, this Website License shall not be deemed “written consent” from Kagi Media. Disassembled and Derivative Works: Disassembled Works are defined as any Program or DATA that originated from Kagi Media and is distributed, sublicensed, lent, leased, rented, loaned, resold for profit or displayed in a deconstructed form. A deconstructed form is defined as any Disassembled Works that do not include every feature and all DATA of Kagi Media products or content. Derivative Works are defined as Disassembled Works or intellectual ideas and concepts that are the property of Kagi Media. Contact Us: When in doubt or to report violations, contact info@kagimedia.com to verify if a seller or anyone distributing or displaying our products or content is authorized by Kagi Media. If you would like to become an authorized distributor or our content please feel free to contact us. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY KAGI MEDIA LLC WEB SITES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING KAGI MEDIA LLC WEB SITES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KAGI MEDIA LLC WEB SITES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KAGI MEDIA LLC WEB SITES AND ITS AFFILIATES DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM KAGI MEDIA LLC WEB SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KAGI MEDIA LLC WEB SITES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
