Conditions of use BCM Stream
IMPORTANT—PLEASE READ CAREFULLY; This BCM Stream End User License Agreement is a legal agreement between you (an individual or entity) and Soundware B.V. for the BCM Stream product as described. This covers computer software and may include associated media, printed materials, online media, electronic media, documentation, or data (collectively referred to as the “SOFTWARE PRODUCT”). By using the SOFTWARE PRODUCT in any form whatsoever, you agree to be bound by the terms of this End User License Agreement. If you do not agree to the terms of this End User License Agreement, you may not use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENCE
Copyright laws and international copyright treaties, as well as other intellectual property laws and regulations, protect the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed for use and is not sold. The SOFTWARE PRODUCT is the property of Soundware B.V. The copyright in the SOFTWARE PRODUCT is owned by Soundware B.V. Your license to the SOFTWARE PRODUCT does not constitute a transfer of ownership and does not constitute a sale of any rights to the SOFTWARE PRODUCT.
INTRODUCTION
This End-User Licence Agreement describes your rights with regard to the SOFTWARE PRODUCT and its components. You are bound by the following provisions if you use the SOFTWARE PRODUCT.
1. GRANT OF THE LICENCE. This End User License Agreement grants you the following rights: You may use 1 copy of the SOFTWARE PRODUCT on a single computer. "Use" means storing, loading, installing, running or displaying the SOFTWARE PRODUCT. You may only use the SOFTWARE PRODUCT for the reproduction of your media subscription from BCM Stream. If your subscription with BCM Stream is terminated, the license to this SOFTWARE PRODUCT expires without any refund.
2. DESCRIPTION OF OTHER RIGHTS AND RESTRICTIONS
* License verification. Soundware B.V. reserves the right to require verification that you are complying with the license terms of this End User License Agreement.
Award of the licence. The awarding of the licence depends on the media subscription payments of BCM Stream. If you do not pay any more subscription fees your licence will be blocked or terminated.
Confidential Information. Confidential Information includes without limitation trade secrets, technical information, product design information, database information, source and object code, copyrights and other intellectual property rights associated with the SOFTWARE PRODUCT.
Restrictions on Reverse Engineering, Decompilation and Dismantling. You may not reverse engineer, decompile or disassemble the SOFTWARE PRODUCT.
3. ALL RIGHTS NOT EXPRESSLY GRANTED BY THIS END-USER LICENSE AGREEMENT ARE RESERVED BY SOUNDWARE B.V.
4. TERMINATION. Soundware B.V. may terminate your license if you fail to comply with this End User License Agreement. In the event of termination of this End User License Agreement, you must destroy all copies, installations, and product components.
5. COPYRIGHT. Copyright laws and international treaties protect the SOFTWARE PRODUCT. Therefore you must treat the SOFTWARE PRODUCT as any other copyrighted material. You may not copy any printed or online media available with the SOFTWARE PRODUCT.
6. EXPORT RESTRICTIONS. You may use this product only in the country where BCM Stream makes it available.
OTHER
This agreement is governed exclusively by Dutch law. If you have any questions or comments regarding this End User License Agreement, or if you wish to contact Soundware B.V., please write to:
Soundware B.V.
Via Raeka 3
6003 NK Weert
The Netherlands
LIMITED WARRANTY
NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOUNDWARE B.V. MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF ANY RIGHTS, WITH RESPECT TO THE SOFTWARE PRODUCT, AND WHETHER OR NOT SUPPORT RESOURCES ARE MADE AVAILABLE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOUNDWARE B.V. SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT OR INDIRECT DAMAGES OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF BUSINESS PROFITS, INTERRUPTION OF BUSINESS ACTIVITIES, LOSS OF BUSINESS INFORMATION, OR ANY OTHER FINANCIAL LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE INABILITY TO USE SUPPORT, EVEN IF SOUNDWARE B.V. HAS BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MAY OR COULD OCCUR.
This music licence is a legal agreement under which you may use the music made available to you on the BCM Stream platform under the following conditions:
1. BCM Stream grants you a non-transferable and non-exclusive right to use the musical works. This right concerns the playing of the musical works made available as background music in a business premises of the User.
2. All rights concerning the musical works are reserved by BCM Stream and/or its licensors and are protected by copyright law. No part of this agreement refers to the partial or total transfer of these rights to the User.
3. The User is not allowed to copy the musical works or otherwise use data from the musical works made available.
4. User needs to have a working internet connection. The costs of this connection are for the User.
5. This agreement remains valid as long as the User pays the monthly fees.
6. BCM Stream is entitled to refuse this contract without further explanation.
7. The User is prohibited from using the musical works in such a manner that this use could lead to any form of exploitation - commercial or otherwise - of the musical works by the User or any third party. The User is not allowed to make the musical works available to third parties in any way whatsoever.
8. The User expressly indemnifies BCM against claims of third parties as a result of infringements of third-party rights made by the User.
9. BCM Stream will secure relevant data by making copies to the BCM Stream servers. This data is used for service purposes, development and reporting to copyright organisations and other right holders.
10. BCM Stream reserves the right to adjust the price and conditions of the BCM Stream service.
11. BCM Stream is entitled to block the software and to suspend the provision of musical works in the event of non-compliance with obligations under this agreement and in particular payment obligations without BCM Stream being obliged to pay any damages or restitution.
12. In the event that the User is unable to use BCM Stream and/or certain functions of BCM Stream this is at his own risk and does not affect his payment obligations.
13. In case of force majeure BCM Stream is entitled to suspend the fulfilment of its obligations under this agreement or to dissolve this agreement insofar as it has not been carried out. Force majeure means: every shortcoming in the execution of this agreement which cannot be blamed on BCM Stream because it is not due to any fault of BCM Stream, nor under the law, legal act or generally accepted practice.
14. BCM Stream is entitled to dissolve this agreement with immediate effect for the future without prior notice if
User imputably fails to fulfil any obligation mentioned in this agreement;
the User is granted a suspension of payments, whether provisional or not, or the User is declared bankrupt, dies or is placed under guardianship or administration.
The User ceases all or part of his business operations or otherwise liquidates and/or transfers his business activities to a third party.
15. In addition to the phonographic reproduction rights, public performance rights are also due. These rights remain at the expense of the User. Contact the applicable copyright organisation in your country for a licence for public performance rights.
16. If one or more of the aforementioned provisions is or becomes invalid, the remaining provisions shall continue to be valid. In this case, the invalid provision shall be replaced by a new provision which corresponds as far as possible to the old invalid provision in terms of its content, scope and purpose.
17. This agreement and the implementation of any disputes arising therefrom or related thereto between BCM and the User are exclusively governed by Dutch law.
18. All disputes between the user and BCM resulting from this contract or its implementation will be exclusively submitted to the competent court in Roermond, as far as legal provisions do not dictate otherwise.
BCMStream.com
