MIXMANŽ SINGLE (TM) END-USER LICENSE AGREEMENT - PERSONAL

IMPORTANT. PLEASE READ CAREFULLY.

BY INSTALLING OR USING ANY MIXMANŽ PRODUCTS YOU AGREE TO THE FOLLOWING LICENSE AGREEMENT, LIMITED WARRANTY, AND ACKNOWLEDGEMENT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU DO NOT HAVE THE RIGHT TO AND MAY NOT INSTALL OR USE MIXMANŽ PRODUCTS.

This document is a binding legal agreement ("AGREEMENT") between you, the original end-user, and MIXMAN TECHNOLOGIES, INC. ("MIXMAN") and any other LICENSOR, as set forth below.  
By downloading, installing or using this Mixman SingleTM or any .trk file installed therefrom (the "SINGLE") you are expressly agreeing to be bound by the terms of this AGREEMENT.

OWNERSHIP:  The SINGLE, and the rights therein and thereto, are owned and controlled solely and exclusively by LICENSOR or other third parties that have licensed such rights to LICENSOR, 
and are protected by United States and foreign copyright and patent laws, and international treaty provisions, among other laws.  The SINGLE is licensed to you, for limited purposed only, and has 
not been sold to you.  LICENSOR retains all ownership interest in the SINGLE.  

GRANT OF SOUND LICENSE:  LICENSOR hereby grants to you a limited, non-exclusive, personal and non-transferable license to use the sound elements embodied in the SINGLE only 
in connection with Mixman software products, for the sole purpose of creating audio files representing combinations or re-mixes of those and, potentially, other sounds ("RE-MIXES"), and 
only for your personal, non-commercial use.  The SINGLE, the RE-MIXES you make, and any sound elements embodied in either are subject to all applicable copyright laws and limitations on 
use set forth herein.

LIMITATIONS ON REMIXES:  You do not have the right to and shall not:

1.	Publicly perform the SINGLE (or any of the sound elements embodied therein) or RE-MIXES thereof, except in connection with the MIXMAN web site (presently located at:  
http://www.mixman.com) or any successor web site.  
2.	Transfer, sell or otherwise distribute any RE-MIX to any party other than MIXMAN (via the Mixman web site).
3.	Create, use, reproduce, distribute, sell or publicly perform any RE-MIXES, or other musical compositions or audio files created using the SINGLE (or any sound elements 
embodied therein) without the express legal rights and permissions for such actions. 

GRANT OF SOFTWARE LICENSE:  LICENSOR hereby grants to you a limited, non-exclusive, personal and non-transferable license to use the executable object code version of the SINGLE. 
This use is limited to 1 (one) copy of the SINGLE, on a single terminal connected to a single computer (i.e., with a single CPU).  You may also:  (a) make a single copy of the SINGLE solely 
for backup or archival purposes, or (b) transfer the SINGLE to a single hard disk, provided that you maintain the original solely for backup or archival purposes.  

You shall not:

1.	Use the SINGLE on more than 1 (one) computer or computer terminal simultaneously, on any "networked" system, with multiple users, or in any computer service business.
2.	Reproduce or otherwise make copies of the SINGLE, except for the backup copies set forth above.
3.	Copy any written materials that accompany the SINGLE for any reason whatsoever.
4.	Distribute, sell, loan, rent, lease, sublicense, provide, assign or transfer the SINGLE, or any sound element embodied therein, including but not limited to any .trk, .wav, .mix or  
.dll file, in any manner, to any third party.
5.	Translate, reverse engineer, de-assemble, or de-compile the SINGLE or any component thereof.

LICENSE AGREEMENT.   In this Agreement "LICENSOR" shall mean MIXMAN, except under the following circumstances: (a) if you acquired the SINGLE as a bundled component of a third 
party product or service, then "LICENSOR" shall mean MIXMAN and such third party; and (b) if any third party software or file is included as part of the default installation of SINGLE and no 
license is presented for acceptance the first time that third party software or file is invoked, then the use of that third party software shall be governed by this Agreement and it shall be 
considered part of the SINGLE, but the term "LICENSOR," with respect to such third party software or file, shall mean the manufacturer or owner of that software of file.  With the exception 
of the situation described in (b) above, the use of any included third party software product included as part of or packaged with the SINGLE shall be governed by the third party's license 
agreement and not by this AGREEMENT, whether that license agreement is presented for acceptance the first time that the third party software is invoked, is included in a file in electronic 
form, or is included in the package in printed form.  If more than one license agreement was provided for the SINGLE, and the terms vary, the order of precedence of those license 
agreements is as follows: (1) a signed agreement for the SINGLE, (2) a license agreement for the SINGLE available for review on the MIXMAN website, (3) a printed or electronic agreement 
provided with the installation of the SINGLE, (4) a printed agreement provided with the SINGLE, (5) an electronic agreement provided with the SINGLE, and with the most recent version of each 
of such controlling.

EXPORT CONTROL:  The SINGLE may be subject to United States export controls.  No SINGLE may be downloaded, installed, or otherwise exported or re-exported (a) into (or to a national or 
resident of) Cuba, Iraq, Libya, Serbia (except Kosovo), Sudan, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. 
Treasury Department's list of Specially Designated Nationals, entities on the Bureau of Export Administration Entity List, or the U.S. Commerce Department's Table of Denial Orders.  By 
downloading, installing, or using the SINGLE, you are agreeing to the foregoing and you are warranting that you are not located in, under the control of, or a national or resident of any such 
country or on any such list.

TERMINATION:  This license is effective until terminated.  This license will terminate automatically without notice from LICENSOR upon any failure to comply with any provision of this 
AGREEMENT.  Upon termination, you shall destroy the written materials and all copies of the SINGLE, including RE-MIXES or other audio compositions or files using sound elements from the 
SINGLE, if any.

DISCLAIMER AND WARRANTIES:  The SINGLE and all sound elements contained therein, and any associated documentation are licensed to you "as is," without warranties of any kind.  You 
assume the entire risk as to the results and performance of the SINGLE.  Should the SINGLE prove to be defective in any manner, you hereby agree to assume all costs of all necessary 
servicing, correction or repair, including such costs with respect to data.  

LICENSOR DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF YOUR USE OF THE SINGLE.   LICENSOR 
MAKES NO EXPRESS OR IMPLIED WARRANTIES CONCERNING THE SINGLE, IN THE TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE, 
AND ALSO EXPRESSLY DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  

NO REPRESENTATION OR AFFIRMATION OF FACT, INCLUDING BUT NOT LIMITED TO, STATEMENTS REGARDING SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE 
BY LICENSOR'S EMPLOYEES, AGENTS OR ANOTHER OTHER PARTY, SHALL BE DEEMED A WARRANTY BY LICENSOR FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF 
MIXMAN OR ANY OTHER LICENSOR.  

IN NO EVENT SHALL MIXMAN OR OTHER LICENSOR, OR ITS SUPPLIERS OR DISTRIBUTORS, NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION 
OR DELIVERY OF THE SINGLE BE LIABLE UNDER ANY LEGAL OR EQUITABLE CAUSE OF ACTION OR CLAIM FOR ANY LOSS OF DATA, OR FOR DIRECT, INDIRECT, SPECIAL, 
INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST BUSINESS, BUSINESS INTERRUPTION, LOSS OF BUSINESS 
INFORMATION OR OTHER PECUNIARY LOSS) ARISING OUT OF PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, EVEN IF THAT PARTY HAS BEEN SO ADVISED OF 
THE POSSIBILITY OF SUCH DAMAGES.

DERIVATIVE RIGHTS ASSIGNMENT:  Any and all ownership and other rights in and to any new or derivative works or adaptations that are made from the SINGLE, including any and all sound 
elements embodied therein, and any resulting RE-MIX, shall reside solely and exclusively with MIXMAN and/or its suppliers.  Accordingly, you shall not and will not acquire any rights of any 
kind whatsoever, in any media, in and to any RE-MIX, adaptation or other derivative of the SINGLE and/or the sound elements embodied therein, other than as specifically and expressly 
set forth herein.  To the extent that you acquire any rights whatsoever in the foregoing, any present or future law, you hereby unequivocally, completely, exclusively and irrevocably transfer 
and assign, in perpetuity, any and all of such rights, title and interest, throughout the universe and in any and all media now known or hereafter devised, to MIXMAN.  Should any further action or 
documentation be necessary to secure or perfect the foregoing rights on behalf of MIXMAN, at any time, you further agree to execute all documents, registrations, and/or transfers or 
assignments of ownership as are deemed necessary by MIXMAN for these purposes.  This provision shall survive termination of the AGREEMENT.

INDEMNITY:  You hereby agree to protect, indemnify and hold harmless MIXMAN and any other LICENSOR, (including the officers, directors, employees and agents of either) from and against 
any and all liability, loss, claim, demand, cost or expense (including attorneys' fees, costs, and expenses) arising from any use or modification of the SINGLE or any RE-MIXES therefrom that is 
not in full compliance with the terms and conditions of this AGREEMENT. This provision shall survive termination of the AGREEMENT.

GOVERNING LAW:  The California state courts of San Mateo County and the United States District Court for the Northern District of California, respectively, shall have exclusive jurisdiction 
and venue over any dispute arising out of or relating to this AGREEMENT, and each party hereby consents to the jurisdiction and venue of such courts.  This AGREEMENT shall be governed by 
and construed in accordance with the laws of the State of California with respect to agreements to be performed solely in the State of California, exclusive of its choice of law principles.

REMEDIES:  Any violation in whole or in part of any of the terms and/or conditions of this AGREEMENT shall render any use made thereof by you unauthorized and infringing and, without 
limiting any remedies that LICENSOR or any other party may have against you, you shall be appropriately liable for any statutory damages to the maximum extent permitted by applicable 
law, along with other remedies available under any applicable laws, including but not limited to copyright laws, of the United States and other countries.

ACKNOWLEDGMENT: You acknowledge that you have read and understand this AGREEMENT.  If you do not understand this AGREEMENT, you are not permitted to download, 
install or use the SINGLE.  You agree that you have had an opportunity to review this AGREEMENT with legal counsel and that you will be bound by the terms and conditions of the 
AGREEMENT.  You understand and agree this AGREEMENT is the complete and exclusive agreement between you and MIXMAN and any other LICENSOR, as applicable, and supersedes 
any other communications and agreements relating to the subject matter of this AGREEMENT.

I AGREE  CLICK THROUGH

Copyright Š 1997 - 2000 Mixman Technologies, Inc.  MixmanŽ, Mixman Studio TM, Mixman 
Studio Pro TM, Mixman Studio Mac Pro TM, Mixman Studio Mac TM, Mixman DJ MegaMix TM, Mixman 
Radio TM, Mixman SingleTM, Mixman FXTM, Mixman Studio VSTTM, My MixzoneTM, SoundiscTM and 
all Mixman logos are either registered trademarks or trademarks of Mixman Technologies, Inc. in 
the United States and/or other countries.

Personal License
Mixman Technologies, Inc. 07/06/00

