User guide

Beamz® User Manual

and trade secrets) is the sole and exclusive property of a third party who has licensed the same to

Beamz (with this License being a permissible sublicense thereof). Your right to use the Song is not

coupled with an interest. In no event shall You own, have or retain any rights, titles or interests in or

to the Song or any elements or derivatives thereof other than those limited rights expressly provided

for under Section 1.1 of this License.

1.3 Reservation of Rights. Nothing in this License shall restrict or limit any rights, titles or

interests of Beamz or Beamz’s third-party licensor in and to the Song. You are not entitled to make

any commercial or non-commercial uses of the Song other than those limited uses expressly provided

for under Section 1.1 of this License. Any use of the Song which may fall outside the scope of this

License (including, without limitation, and by way of example only, the public performance of the

Song on the Beamz interactive music system, and the manufacture and distribution of phonorecords

which embody a performance of the Song on the Beams interactive music system) shall require the

written consent of both Beamz and the Song’s owner(s).

2. Injunctive Relief. You understand and acknowledge that the unauthorized use or disclosure of the

Song or the Confidential Information will cause Beamz immediate and irreparable harm and significant injury,

which may be difficult to measure with certainty or to compensate through monetary damages. Therefore,

You agree that in the event You directly, indirectly or inadvertently cause an unauthorized use or disclosure of

the Song or the Confidential Information, Beamz shall be entitled to obtain a temporary restraining order, a

preliminary injunction, a temporary injunction and/or a permanent injunction, without the necessity of a bond,

against such breach from any court of competent jurisdiction. Beamz’s right to obtain such relief shall not limit

its right to obtain other remedies. In addition, Beamz may seek commensurate remuneration for any and all

activities required to investigate and verify the unauthorized use or disclosure of the Song.

3. Termination. This License, and the limited rights granted to You under this License, shall

automatically terminate upon the earlier of either: (a) the material or immaterial breach of any term or

condition of this License by or because of You; or (b) Beamz providing You with written notice of the

termination of this License for any reason or for no reason. Upon the termination of this License, or upon

Beamz providing You with written notice for any reason or for no reason, You shall immediately destroy the

Song and any copies thereof in Your possession, custody or control, and immediately confirm in writing to

Beamz that You have done so. The following rights and obligations of the parties hereunder shall survive the

termination of this License: (x) all rights and obligations which accrued as of the termination of this License;

(y) all rights and obligations under Sections 1.2, 1.3, 2, 3, 4, 5, 6, 7, and 8 of this License; and (z) any and all

other rights and obligations under provisions which by their terms, conditions, nature or implication are

expressly stated to, or are intended to, survive the termination of this License.

4. Disclaimer. Your download, installation and use of the Song are done at Your own risk. Beamz

does not make, nor has Beamz made, any representations or warranties of any kind or nature (whether direct

or indirect, whether oral or in written, or whether express or implied) to You with respect to the Song or any

other goods or services provided or to be provided under or in connection with this License. Accordingly,

Beamz expressly disclaims any and all express warranties, implied warranties (including, without limitation,

implied warranties of merchantability, fitness for a particular purpose, good faith and fair dealing, title, non-

infringement, quality, and performance), and warranties arising from conduct, course of dealing, custom and

usage in trade. Beamz has made no affirmation of fact or promise relating to the Song or any other goods or

services provided or to be provided under or in connection with this License that has become any basis of this