"Terms of Use" License to use Lyrical Opera Products, Inc.’s Products

Copyright 2013 Lyrical Opera Products, Inc.  All Rights Reserved.

NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT.  Use of Lyrical Opera Products, Inc., products provided in this agreement CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE these products.  USE OF this product IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.

CONTENT

1. Copyright/Trademark
2. License and Access/Terms of Use
3. No distribution
4. Disclaimer of warranty
5. Limitation of liability
6. Termination
7. Other restrictions
8. Refunds
9. Disputes

LYRICAL OPERA PRODUCTS, INC. henceforth referred to as LOP in this agreement is: The Licensor

User who uses this product is: The Licensee

1. COPYRIGHT/TRADEMARKS
All content included in or made available through LOP such as music tracks, DVDs, texts, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of LOP or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through LOP is the exclusive property of LOP and protected by U.S. and international copyright laws.

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through LOP are trademarks or trade dress of LOP in the U.S. and other countries. LOP's trademarks and trade dress may not be used in connection with any product or service that is not LOP's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits LOP. All other trademarks not owned by LOP that appear in any of LOP’s services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LOP.

2. LICENSE AND ACCESS/TERMS OF USE
All rights not expressly granted to Licensee are reserved to LOP. The Licensee acknowledges that no title to the intellectual property in this product is transferred to you. You further acknowledge that title and full ownership rights to this product will remain the exclusive property of LOP and you will not acquire any rights to this product except as expressly set forth in this license

No individual or company may use this product for performance purposes in the state of UTAH without written consent of LYRICAL OPERA PRODUCTS, INC.

Subject to your compliance with these Conditions of Use and your payment of any applicable licensing fees, LOP grants you a limited, non-exclusive, non-transferable, non-sub-licensable license to use this copy of a LOP product on the Licensee’s computer, or any type of music player, CD or DVD for an unlimited amount of time in accordance with the terms of this agreement, to access and make personal, non-commercial and non-profit use. This license is granted SOLELY TO THE LICENSEE.  This license does not include any resale or commercial use of any of LOP’s products, its contents or any derivative use of any LOP product or its contents; The Licensee agrees not to rent, sell or otherwise transfer the rights to this product.

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by LOP or its licensors, suppliers, publishers, rights-holders, or other content providers. No part of LOP, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of LOP.

Licensee may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of LOP without express written consent. Licensee may not use any meta tags or any other "hidden text" utilizing LOP's name or trademarks without the express written consent of LOP. Licensee may use any part of LOP only as permitted by law. The licenses granted by LOP terminate if you do not comply with these Conditions of Use or any Service Terms.

3. NO DISTRIBUTION
Licensee may physically transfer this product from one computer to another or onto a music playing devise or instrument provided that this product is used solely by the Licensee. Licensee may not electronically transfer this product over a network system. Licensee may NOT distribute copies of this product.  Licensee may not modify or create derivative works based on this product.

4. DISCLAIMER OF WARRANTY
LOP and all information, content, materials, products and other services  included on or otherwise made available to you through LOP are on an “As is” basis without warranty of any kind, including any limitation warranties of any kind, express or implied, as to the operation of the LOP products, information, content, materials or other services included on or otherwise made available to you through LOP unless otherwise specified in writing.  Licensee expressly agrees that Licensee’s use of the LOP products or services is at Licensee’s sole risk.

Some countries do not permit exclusions of an implied warranty, so this disclaimer may not apply to you, and you may have other legal rights that vary from country to country.

5. LIMITATION OF LIABILITY
Under no circumstances shall LOP be liable for any indirect, incidental or consequential damages or any liability in tort, contract, or other legal theory for any computer failure or malfunction, business interruption, loss of profits, loss of goodwill, or any other damages or losses arising out of Licensee’s use or inability to use this product.

6. TERMINATION
Without prejudice to any other rights, LOP may terminate this license agreement if you fail to comply with the terms and conditions of this license agreement. In such event, you must destroy all copies of this product and all of its component parts.

7. OTHER RESTRICTIONS
Licensee is not permitted to export, download, or use this product in any country, state, or jurisdiction that restricts the use of this product.

8. REFUNDS
Once Licensee has downloaded a product, no refunds will be allowed unless Licensee can prove they did not receive the product.

9. DISPUTES
Any dispute or claim relating in any way to your use of any LOP  product or service sold or distributed by LOP will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to LOP’s registered agent, Lynnette Owens, 7903 Palladium Drive, West Jordan, UT 84088. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. LOP will NOT reimburse those fees for claims unless the arbitrator determines the claims are not frivolous. Likewise, LOP will seek attorneys' fees and costs in arbitration if the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW
By using any LOP product or service you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Utah, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and LOP.

Should you have any question concerning this Agreement, or for any other reason, please contact:

Lyrical Opera Products, Inc.

www.lyricaloperaproducts.com

(801) 641-6984

LOP’s ADDRESS
Lyrical Opera Products, Inc.
7903 Palladium Drive
West Jordan, UT 84088

******************** END OF AGREEMENT ********************

DO NOT DISTRIBUTE POLICY:

1. You may ONLY use these music tracks SOLELY for yourself or the company that has purchased these.
2. COMPANIES....You may NOT COPY these tracks then DISTRIBUTE COPIES including NOT to your production's SINGERS. YOU MUST BUY an individual end-user "Terms of Use" license agreement OF WHICHEVER TRACKS YOU WANT FOR EACH SINGER or refer your production's singers to this website to buy whichever tracks they need. LOP has produced these tracks primarily for their use by its sister company, Lyrical Opera Theater, and is therefore trying to keep this process of providing them to you as simple as possible. If you need a 'group license,' contact LOP directly to make specific arrangements and agreements.
3. NO indivdual or COMPANY may use these music tracks for PERFORMANCE purposes in the STATE of UTAH without written permission from LYRICAL OPERA PRODUCTS, INC. since LYRICAL OPERA PRODUCTS, INC. created these music tracks to be used in performances throughout the STATE of UTAH. To get permission to perform with these tracks in Utah, contact LOP at LyricalOperaProducts@comcast.net or by calling (801) 641-6984 between the hours of 9:00am-1:00pm MST.

HOW TO USE projection scenery DVDs in a production or performance INSTRUCTIONS:

1. Please watch the tutorial video.

HOW TO USE TRACKS in a production or performance INSTRUCTIONS:

1. Performance instructions: Except for the "Individual Performance tracks," these tracks are designed to be played one after another through each act just like the tracks on CDs with complete operas. The ENTIRE OPERA and the ENTIRE ACTS below are contained in zip files and have some tracks with chorus and the same tracks without chorus, so you'll need to choose which ones you want and remove the ones you don't want for your particular performance.
• You can download the entire opera which contains folders containing all of the tracks of each act then load them onto a music playing devise in their respective folders instructing the music playing devise to NOT repeat, or burn them onto a CD, or
• Download each individual ACT, or
• Download each individual track then burn them onto a CD to play straight through, or
• Download individual tracks then place them in files containing all of the tracks in an act labeling the files "Act 1", "Act 2" and "Act 3" then upload them on a music playing device.
• Lyrical Opera Products has loaded the ENTIRE opera onto an mp3 player with one folder containing the entire opera, then inside it, three folders for the three acts containing their respective tracks and instructed its mp3 player NOT to repeat.
2. REFUND POLICY: CAREFULLY CHOOSE the products you wish to download. Once they have been downloaded, unless you can show LOP evidence that proves you were unable to download your purchase, NO REFUNDS will be allowed. LOP suggests you test one first by initially buying just one individual track to see if it will work for you. LOP has provided this product to you hoping it will give the operatic world a sorely needed means of producing high quality, low cost productions at a great deal of cost to LOP in time, energy and effort with LOP's primary purpose being to provide orchestrated accompaniment for LOP's sister company, LYRICAL OPERA PRODUCTIONS.
3. To Buy tracks: Click on ALL THREE of the check boxes above then the "BUY NOW" buttons below will be activated. Then, click on the "BUY NOW" button below which will direct and process you through payment through PayPal where you can use either a credit card or a PayPal account. Once you have purchased the item, you will be directed back to a "Download Your Purchase" button. Click on that, direct your computer where to save the file and your purchase will download. ***NOTE: Because of the nature of music files, each purchase must be made individually then downloaded, so if you buy individual tracks...IT WILL TAKE SOME TIME AND PATIENCE.