EMERALD TRACKS MIDI FILES LICENSE AGREEMENT.

This is a Legal Agreement between you, the end user, and ‘Emerald Tracks’, an Irish propriety limited company ("Emerald Tracks Ltd"). BY RECEIVING MATERIAL FROM THIS WEB SITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

1. GRANT OF LICENSE - This Emerald Tracks License Agreement ("License") permits you to use one copy of the Emerald Tracks software product acquired with this License on any single computer, keyboard, Material player or any other type of equipment that can utilise the material that has been downloaded.

2. COPYRIGHT - This License is not an assignment of any rights of the copyright in the work. All copyrights and title associated with the Material and its associated documentation (i.e. -lyric files, either as printed matter or in ASCII format) remains the sole property of the associated Emerald Tracks programmer and/or transcriber. International copyright law protects all Materials available from the web site. You may make one copy of the Material solely for backup or archival purposes.

3. USAGE - The Material can be used and adapted for your personal use. This includes the rights for you to use the Material as backing material for live performances. Note - If you intend selling CD’s, tapes or other media using any Emerald Tracks MATERIAL at venues an additional licence will be required from Emerald Tracks, along with the original copyright holder or from their official representatives. You may record the Material without live vocal parts onto a transferable media for rehearsals and live performances.

4. RESTRICTIONS

(i) You may not swap, give away, loan, rent, lease, transfer (including any type of electronic transmission), dispose of or allow the data to be distributed in any manner which could morally or financially damage Emerald Tracks.

(ii) You may not make commercial audio backing tracks or other types of media derived from the MIDI File, including but not limited to: Ring Tones, Karaoke type products made in whole or part from the Materials.

(iii) You may not use a sound recording of the Material to be used in whole or part on any visual presentation medium which includes film and/or video tape.

(iv) You may not reverse engineer, decompile or disassemble the Materials.

5. TRANSFER - You may not rent or lease the Materials but you may transfer your rights under this Agreement on a permanent basis provided you transfer all copies of the Materials and associated data along with all written or computer matter, and the recipient agrees to the terms of this Agreement. Any transfer must include all versions of the Materials, which includes any and all adaptations and modified versions made from the original Material.

LIMITED WARRANTY - Emerald Tracks warrants that (a) the MIDI files will load into any device which correctly imports a General MIDI file, as defined in the General MIDI specification from the MIDI Manufacturers Association; and (b) Any diskette, sent via terrestrial mail will be free from defects in materials and workmanship under normal use and service for a period of thirty days from the date of receipt.

CUSTOMER REMEDIES - In the event of a download error being detected during the transfer of a valid order, Emerald Tracks will re-send to the customer a duplicate of the affected file(s) or entire order free of any and all charges. In the event of physical product that is found to be faulty upon the return to the office of the faulty diskette and a copy of your receipt. This Limited Warranty is void if failure of the software or hardware has resulted from accident, abuse, or misapplication.

NO OTHER WARRANTIES - TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMERALD TRACKS DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES - TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMERALD TRACKS SHALL NOT BE LIABLE FOR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THIS PRODUCT. EMERALD TRACKS'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.