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END USER LICENSE AGREEMENT

Last updated 26 February 2024

My Face Your Music is licensed to You (End-User) by Obsessive Science Games, ("Licensor"), for use only under the terms of this License Agreement. We are registered in the Netherlands at the Chamber of Commerce number 62407872.

By downloading the Licensed Application from Steam, Valve's software distribution platform and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. Steam is referred to in this License Agreement as “Services.”

The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Obsessive Science Games, not the Services, is solely responsible for the Licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Steam Terms of Service ("Usage Rules"). Obsessive Science Games acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.

My Face You Music transacted through the Services is licensed to You for use only under the terms of this License Agreement. Obsessive Science Games grants distinct licenses for the Software and the Samples included in this product. The Licensor reserves all rights not expressly granted to You.

1 THE APPLICATION
My Face Your Music is a piece of software created to let its users learn about different ways to engage with music. It is used to create musical performances using MIDI files, MIDI devices and samples (audio & video), among others.

Application is provided with Samples from the Licensor, and End-User can also make use of Third Party Samples. End-User can also create their own Samples and use them with the application.

The application is meant as a learning tool and is not tailored for commercial use.

2 SCOPE OF SOFTWARE LICENSE
2.1 The Software License applies to the Software provided in this product in particular and everything provided in this product that is not audio files, video files or MIDI files in general.

2.2 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

2.3 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.

2.4 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Obsessive Science Games's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application, with the exception of Samples, which are detailed in article 3.

2.5 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Obsessive Science Games's prior written consent).

2.6 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.

2.7 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.8 Licensor reserves the right to modify the terms and conditions of licensing.

2.9 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.

3 SCOPE OF SAMPLES LICENSE
3.1 The Samples License applies to all Audio files, Video files and MIDI files included in this product.

3.2 Samples, are subject to the Attribution Creative Commons license. (https://creativecommons.org/licenses/by/4.0/legalcode.en) End-User is permitted to reproduce and share Samples in whole or in part and produce, reproduce and Share adapted material, provided attribution is given to the creator. End-User is permitted to use derived work for commercial use.

3.3 Licensor wants to emphasize End-User is not permitted to use Samples and derived work to promote hate-speech, misinformation and similar actions, as this would conflict with existing laws.

3.4 Licensor wants to emphasize End-User is not permitted to use Samples and derived work to train AI models, as this would conflict with the required attribution in the Creative Commons license in article 3.2.

3.5 Licensor does not claim ownership of any samples (audio, video or MIDI) created by the End-User or a third party, also known as ‘modifications’ or ‘mods’.

4 TECHNICAL REQUIREMENTS

4.1 The Licensed Application requires Windows 8 or higher. Licensor recommends using the latest version of the firmware.

4.2 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of Windows and new hardware. You are not granted rights to claim such an update.

4.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.

4.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

5 NO MAINTENANCE AND SUPPORT

5.1 Obsessive Science Games is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Licensed Application.

5.2 Obsessive Science Games and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

6. LIABILITY

6.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

6.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 and 3 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.

6.3 Licensor takes no accountability and responsibility in case of damages resulting from use of Third Party Samples.

6.4 In case End-User is an entrepreneur, Licensor takes no accountability and responsibility for damages to End-User’s business resulting from the use of the software, included Samples or Third Party Samples.

7. WARRANTY

7.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.

7.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Obsessive Science Games's sphere of influence that affect the executability of the Licensed Application.

7.3 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

8. PRODUCT CLAIMS

Obsessive Science Games and the End-User acknowledge that Obsessive Science Games, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to: product liability claims, any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection, privacy, or similar legislation.

9. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact: info@obsessivesciencegames.com

10. TERMINATION

The license is valid until terminated by Obsessive Science Games or by You. Your rights under this license will terminate automatically and without notice from Obsessive Science Games if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

11. INTELLECTUAL PROPERTY RIGHTS

Obsessive Science Games and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, Obsessive Science Games, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.

12. APPLICABLE LAW
This license agreement is governed by the laws of the Netherlands, excluding its conflict of law rules.