TERMS AND CONDITIONS OF THE JAMIFI END USER LICENSE AGREEMENT

Last updated: 15 June, 2007: Extended licenses added

The following is a legal agreement between You and the owners of the Jamifi service (www.jamifi.com "Website"), Sonoport (Asia) Pte Ltd ("Sonoport", "We", "Us"), which governs the use of Sound ("Audio", "Sound") downloaded from our Website. By downloading a Sound from our Website You agree to be bound by the terms of this Agreement automatically, without any other conditions or declarations. If You do not agree with these terms, You are not allowed to download any Sound from this Website.

All Sound on the Website is copyrighted and they are the properties of Sonoport or its Sound Providers ("Sound Providers"). All rights are reserved unless otherwise granted to You. Your rights to use the Sound downloaded from the Website are subject to this agreement.

We hereby grant to You a non-exclusive, non-transferable license to use the Sound on the terms and conditions explained in this Agreement.

Standard license terms

Permitted uses

You may use the Sound for the following purposes:

1. In digital format for media productions created by You such as websites, multimedia presentations, broadcast film and video, music production, or in physical products owned directly by You such as cell phones, pda's, computers.
2. To create sound for applications in your home or your office.
3. For the purposes of creating so called "library music" clips or so called "production music" clips intended for commercial exploitation, the included Sound samples may only be used "in combination" with other sounds within musical compositions. For example, any rhythm loop samples (which Sonoport or its' Content Partners regards as being musical clips in themselves) must also be combined with other types of samples or sounds to effectively form a new composition, rather than simply being looped.

If in doubt over any kind of usage, please contact Jamifi through services provided on our Website www.jamifi.com.

Prohibited uses

You may not use the Sound in the following ways, unless they are expressly permitted by one of our Extended Licenses that You have obtained from Us for the Sound:

1. In electronic items for resale, such as website templates, document templates, screensavers, e-cards or similar products that You intend to sell or distribute.
2. On physical items for resale such as toys, computers, pda's, mobile phones or on any similar mass produced items that would contain the Sound in a dominant way.
3. For pornographic, unlawful or other immoral purposes, for spreading hate or discrimination, or to defame or victimise other people, societies, cultures.
4. In a way that could give a bad name to either Sonoport, Jamifi or our Sound Providers, including illustrating sensitive social subjects such as health issues, crime, sexual preferences, drug abuse or similar issues.
5. As part of a business name, trademark, service mark or logo.

SELLING AND REDISTRIBUTION OF THE SOUND (INDIVIDUALLY OR ALONG WITH OTHER SOUNDS) IS STRICTLY FORBIDDEN. DO NOT SHARE THE SOUND WITH OTHERS UNLESS YOU ARE PERMITTED TO DO SO BY USING THE WEBSITE.

Extended licenses terms

If the permitted uses in the Standard license terms are not sufficient for your project, You may decide to purchase an additional licenses for the Sound, where available.  To do so please contact Jamifi through services provided on our Website (www.jamifi.com).

Information on rights

You acknowledge that by purchasing a Sound the ownership of the Sound does not get transferred to You and You must not claim that it is yours. Your license is non-transferable, which means that You are not allowed to sell, rent, give, sublicense, or otherwise transfer the Sound or the right to use the Sound to anyone else. The work You create with the Sound must be used either by yourself or by your client. If you require extended rights other than offered by the terms in this Standard License You should contact Jamifi for an Extended License. You warrant that You do your best to prevent third parties from duplicating the Sound.

Indemnification

You agree to indemnify, defend, and hold harmless Sonoport and its officers, employees, shareholders, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this Website and the use or the inability of use of any Sound, your failure to abide by any restriction regarding the use of an Sound, or any claim by a third party related to the use of a Sound.

Warranty and Liability

THE WEBSITE AND THE SOUNDS ARE PROVIDED "AS IS". WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY SOUNDS, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SONOPORT DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE SOUNDS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

SONOPORT SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR THE SOUNDS.

ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED.
© 2007 JAMIFI OR ITS' CONTENT PARTNERS.  JAMIFI IS A SONOPORT (ASIA) PTE LTD COMPANY