Amazon MP3 Music Service: Terms of Use

THIS IS AN AGREEMENT BETWEEN YOU AND AMAZON MEDIA EU S.A R.L. ("AMAZON" OR "WE"). BEFORE USING THE AMAZON MP3 MUSIC SERVICE (THE "SERVICE"), PLEASE READ THESE TERMS OF USE, ALL RULES AND POLICIES RELATED TO THE SERVICE (INCLUDING, BUT NOT LIMITED TO, ANY PRODUCT-SPECIFIC RULES OR USAGE PROVISIONS SPECIFIED ON ANY PRODUCT DETAIL PAGE OR IN ANY LINK FROM A PRODUCT DETAIL PAGE), THE AMAZON.CO.UK PRIVACY NOTICE, AND AMAZON.CO.UK CONDITIONS OF USE & SALE (COLLECTIVELY, THE "TERMS OF USE"). IF YOU USE THE SERVICE, YOU WILL BE BOUND BY THE TERMS OF USE.

1. The Service

The Service offers downloads of digitised versions of audio recordings, artwork and information relating to such audio recordings, and other content (individually and collectively, "Digital Content") and other services under the terms and conditions in the Terms of Use.

2. Digital Content

2.1 Rights Granted. Upon your payment of our fees for Digital Content, we grant you a non-exclusive, non-transferable right to use the Digital Content for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. You may copy, store, transfer and burn the Digital Content only for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use.

2.2 Restrictions. You represent, warrant and agree that you will use the Service only for your personal, non-commercial, entertainment use and not for any redistribution of the Digital Content or other use restricted in this Section 2.2. You agree not to infringe the rights of the Digital Content's copyright owners and to comply with all applicable laws in your use of the Digital Content. Except as set forth in Section 2.1 above, you agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or otherwise transfer or use the Digital Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Digital Content. You acknowledge that the Digital Content embodies the intellectual property of a third party and is protected by law.

2.3 Explicit Content. You agree that we have no liability to you for Digital Content you find to be offensive, indecent or objectionable.

2.4 All Sales Final; Downloading and Risk of Loss; Availability of Digital Content. All sales of Digital Content are final. We do not accept returns of Digital Content. Once you have purchased Digital Content, we encourage you to download it promptly and to make back-up copies of it. If you are unable to complete a download after having reviewed our online help resources, please contact Amazon.co.uk customer service. You bear all risk of loss after purchase and for any loss of Digital Content you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, remove Digital Content from the Service without notice.

3. Software

3.1 General. We may make available to you, from time to time, software for your use in connection with the Service (any and all such software, individually and collectively, the "Software").

3.2 Use of the Software. You may use the Software only in connection with the Service. You may not separate any individual component of the Software for use other than in connection with the Service, may not incorporate any portion of it into your own programs or compile any portion of it in combination with your own programs, may not transfer it for use with another service, or use it, or any portion of it, over a network and may not sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. We may discontinue some or all of any Software we provide, and we may terminate your right to use any Software at any time and in such event may modify it to make it inoperable.

3.3 No Reverse Engineering, Decompilation, or Disassembly; Updates. You may not, and you will not encourage, assist or authorise any other person to, modify, reverse engineer, decompile or disassemble the Software, whether in whole or in part, or create any derivative works from or of the Software. We may offer updates of the Software, from time to time, for feature enhancement, security or other purposes. We will not automatically update the Software, unless you authorise us to do so.

3.4 Export Regulations; Government End Users. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Software. If you are a U.S. Government end user, we are licensing the Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. � 2.101), and the rights we grant you to the Software are the same as the rights we grant to all others under this Agreement.

4. Reservation of Rights

Except for the rights explicitly granted to you in this Agreement, all right, title and interest in the Service, the Software and the Digital Content are reserved and retained by us and our licensors. You do not acquire any ownership rights in the Software or Digital Content as a result of downloading Software or Digital Content.

5. Territorial Restrictions

As required by our Digital Content providers, Digital Content will, unless otherwise designated, be available only to customers located in the United Kingdom.

6. General

6.1 Damages Cap. Without limiting the Disclaimer of Warranties and Limitation of Liability in the Amazon.co.uk Conditions of Use: (i) in no event shall our or our software licensors' total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury, death or intentional harm) arising out of or related to your use or inability to use the Software exceed the amount of fifty Pound Sterling (�50.00); and (ii) in no event shall our or our Digital Content providers total liability to you for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service (excluding the Software), exceed the amount you paid to purchase, on the Service, the Digital Content related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.

6.2 Termination, Amendments Your rights under this Agreement will automatically terminate without notice from us if you fail to comply with any of its terms. In case of such termination, you must cease all use of the Software and Digital Content, and we may immediately revoke your access to the Service without notice to you and without refund of any fees. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on the Service's website. Your continued use of the Service, the Software or the Digital Content after any such amendment's effective date evidences your agreement to be bound by it.

6.3 Third Party Beneficiaries. Digital Content copyright owners are intended third-party beneficiaries under the Terms of Use and may enforce the Terms of Use against you and invoke all rights hereunder including limitations of liability.

6.4 Law and Jurisdiction. This Agreement will be interpreted and enforced in accordance with the laws of the Grand Duchy of Luxembourg, and Amazon and you submit to the non-exclusive jurisdiction of the courts of the district of Luxembourg City. The application of any conflict of laws rules and the Convention on Contracts for the International Sale of Goods are excluded from this Agreement.