Terms of Use

Summary

1. You may use one (1) instance of your SingMyPart Player on one (1) private web page, located at www.singmypart.com, per license that you own. For the purposes of this license agreement, the term "ONE WEB PAGE" refers to the webpage located at www.singmypart.com in which the player information appears. (This means the domain of the parent document in the case of framesets.) Hence, serving the player information on a page which is included within a frameset on multiple web sites is considered "syndication" and is in VIOLATION of this agreement. The term, "INSTANCE", describes a single "installation" of the SingMyPart Player located on your private group page located at www.singmypart.com.
2. NO, you may not modify the scripts and all copyright headers and propietary legends must remain intact. You must acquire explicit permission from SingMyPart.com for all modifications to our SingMyPart Player. We will grant permission to those who wish to make slight modifications which help the SingMyPart Player suit a unique or international marketplace. However, We will not provide free technical support for customers who have modified the SingMyPart Player's source files and those customers should be aware that upgrades and/or updates to our SingMyPart Player will overwrite any of their changes to the SingMyPart Player's source code.
3. The SingMyPart Players available on this web site, any web site documentation, and all copies of the software applications are the copyrighted work of SingMyPart.com. All uses of the SingMyPart Players on this web site are governed by the terms of the EULA (below). The application is intended solely for use by end users according to the terms of the License Agreement. Any use, reproduction or redistribution of the application not in accordance with the terms of this License Agreement is expressly prohibited.

End User License Agreement

1. GRANT OF LICENSE:

   SingMyPart.com grants the Customer a non-transferable, non-exclusive license to use the software contained on this web site (the "SingMyPart Players"), solely for internal use by your business or for your own personal use. The Customer may use one (1) instance of their SingMyPart Player on one (1) private web page located at www.singmypart.com per license that they own. A "Private" web page is one which can be accessed via the internet by using a user name and password and does not include "localhosts" or "intranets" which are not available to other nodes on the internet or other demilitarized zone.

   The Customer may not modify the source files for their own personal use, and all copyright headers must remain intact. The Customer may not copy, translate, port, modify or make derivative works of their SingMyPart Player for sale or distribution. The Customer may not rent, disclose, publish, sell, assign, lease, sublicense, market, or use their SingMyPart Player in any manner not expressly authorized by this Agreement. The Customer shall not use their SingMyPart Player as an ASP (Application Service Provider) to run multiple copies for other third parties or for any other use involving the processing of data for other persons or entities. The Customer does not receive any, and SingMyPart.com retains all, ownership rights of the SingMyPart Player. The SingMyPart Player is copyrighted and may not be copied, even if modified or merged with other SingMyPart Players. The Customer shall not alter or remove any copyright notice or proprietary legends contained in the SingMyPart Player.

2. ACCEPTABLE USE:

   The Customer is required to use their SingMyPart Player as intended in the SingMyPart Player's descriptions and installation instructions available on the SingMyPart.com web site. The Customer may not customize the SingMyPart Player's cosmetics to add enhanced features. A Customer's purchased SingMyPart Player is transferrable to another individual, company, or third party only if SingMyPart.com is notified and approves of the transfer. In all cases all copyrights and headers must remain intact. The Customer will not use the SingMyPart Players in any malicious manner, including: spamming, false advertising, fraud, and any other "intent to harm" any web site, company, or persons.

3. RESPONSIBILITIES OF END USER:

   You may not, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, disassemble, decompile, or create derivative works based on your SingMyPart Player or remove any proprietary notices or labels within or on the software application.

   SingMyPart Players are licensed to you as a single SingMyPart Player located on your private group page located at www.singmypart.com. Their component parts may not be separated.

   • You are not entitled to rent, lease, or license your SingMyPart Player(s) to others.
   • You may not provide, sell or transfer reproductions of your SingMyPart Player(s) to other parties in any way.
   • Maintenance of your SingMyPart Player and data is your responsibility.
   • Developers and webmasters who "resell" our SingMyPart Player(s) to their own client(s) (our "sub-client(s)") do so at time of purchase. At the time of purchase said sub-client immediately assumes the role and rights of the "End User" as per this document. The developer/webmaster (a.k.a "reseller") should maintain technical support obligations to their own client(s) (our "sub-client(s)") in regards to their SingMyPart Player.

4. REFUNDS AND CANCELLATIONS:

   All sales are final. SingMyPart.com does not provide or offer a "money-back gaurantee". Due to the intangible nature of digital SingMyPart Players (such as software) and the fact that they can not be "returned", the Customer is fully responsible for deciding whether or not the SingMyPart Player is suitable before purchasing. We are available to answer any questions prior to the purchase of a SingMyPart Player to determine the compatibility of our software with a Customer's web page.

5. DISCLAIMER OF WARRANTY AND LIABILITY:

   SingMyPart Players are provided to you on an "as is" and "with all faults" basis. The Customer assumes the entire risk of loss in using the SingMyPart Players. The SingMyPart Players are complex and modifications to the software during the installation process or changes in web server configurations may prevent the software from functioning properly. In no event will SingMyPart.com be liable to you or any third party for any damages, claims or losses incurred (including, without limitation, compensatory, incidental, indirect, special, consequential or exemplary damages, lost profits, lost sales or business, expenditures, investments, or commitments in connection with any business, loss of any goodwill, or damages resulting from lost data or inability to use data) irrespective of whether SingMyPart.com has been informed of, knew of, or should have known of the likelihood of such damages. In no event shall SingMyPart.com' liability to you or any third party exceed the initial cost of the software purchased.

6. EXTERNAL COMPONENTS:

   SingMyPart Players may rely on external components provided by third party companies to provide an added level of functionality. This functionality makes particular features of this software application dependent on the external components. SingMyPart.com makes no warranties, claims, or provision for any third party components. You are responsible for making any and all appropriate licensing arrangements with any third party external component providers.

The contents of the "Terms of Use" and "End User License Agreement" on this page may change without notice and apply to the following SingMyPart Players:

• SingMyPart Player

Other SingMyPart Players available by SingMyPart.com may be subject to other terms.