NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY. BY COPYING, INSTALLING OR USING ALL OR ANY PORTION OF THE PRODUCT YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTIONS 6 AND 7; LIABILITY IN SECTION 8; AND SPECIFIC PROVISIONS AND EXCEPTIONS IN SECTION 14. YOU AGREE THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE PRODUCT AND ON WHOSE BEHALF IT IS USED: FOR EXAMPLE, IF APPLICABLE, YOUR EMPLOYER. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE PRODUCT. VISIT http://www.forzandoArts.com FOR TERMS OF AND LIMITATIONS ON RETURNING THE PRODUCT FOR A REFUND.

You may have another written agreement directly with forzandoArts (e.g., a volume license agreement) that supplements or supersedes all or portions of this agreement.

forzandoArts and its suppliers own all intellectual property in the Product (music, recording, software, photograph, image, and any copies or hard copies thereof, etc.). The Product is licensed, not sold. forzandoArts permits you to copy, download, install, use, or otherwise benefit from the functionality or intellectual property of the Product only in accordance with the terms of this agreement. Use of some third party materials included in the Product may be subject to other terms and conditions typically found in a separate license agreement or "Read Me" file located near such materials.

1. Definitions.

"forzandoArts" means forzandoArts, Hinsdale, Illinois, 60521.

"Computer" means a computer device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.

"Internal Network" means a private, proprietary network resource accessible only by employees and individual contractors (i.e., temporary employees) of a specific corporation or similar business entity. Internal Network does not include the Internet or any other network community open to the public, including but not limited to membership or subscription driven groups, associations and similar organizations.

"Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by forzandoArts.

"Product" means (a) all of the information with which this agreement is provided, including but not limited to (i) forzandoArts or third party software files and other computer information; (ii) sample and stock photographs, images, sounds, clip art and other artistic works ("Stock Files"); (iii) related explanatory written materials and files ("Documentation"); and (iv) fonts; and (b) any modified versions and copies of, and upgrades, updates and additions to, such information, provided to you by forzandoArts at any time, to the extent not provided under a separate agreement (collectively, "Updates").

"Hard Copy" means any user-generated print out or physical representations of electronic Products (i.e. sheet music printed from a PDF purchased with a forzandoArts Product License).

"Organization" means a company, corporation, partnership, association, school, agency, group, ensemble, or other collective of individuals who you represent.

"Ensemble" means one discrete group of musicians or performers from one Organization (ie, one band, one choir, or one theater troupe). It does not mean a collection of groups of musicians (ie, a combined performance of two choirs from separate organizations). A group of musicians created from several Organizations (ie, an all-state honors band with musicians representing several separate schools), even if it is created temporarily, shall be considered an Ensemble and requires its own License.

2. Product License. As long as you obtained the Product from forzandoArts or one of its authorized licensees and as long as you comply with the terms of this agreement, forzandoArts grants you a non-exclusive license to use the Product in the manner and for the purposes described in the Documentation, as further set forth below. See Section 14 for specific provisions related to certain components.

2.1. General Use. You may install and use one copy of the Product on up to the Permitted Number of your compatible Computers; or

2.2. Server Deployment. You may install the Permitted Number of copies of the Product on the Permitted Number of Computer file server(s) within your Internal Network for the purpose of downloading and installing the Product on up to the Permitted Number of other Computers within the same Internal Network; or

2.3. Server Use. You may install the Permitted Number of copies of the Product on the Permitted Number of Computer file server(s) within your Internal Network for the purpose of using the Product through commands, data or instructions (e.g., scripts) from another Computer within the same Internal Network, provided that the total number of users (not the concurrent number of users) that are permitted to use the Product on such Computer file server(s) does not exceed the Permitted Number. No other network use is permitted, including, but not limited to use of the Product, either directly or through commands, data or instructions, (i) from or to a Computer not part of your Internal Network, for Internet or web hosting services, (ii) by any user not licensed to use this copy of the Product under a valid license from forzandoArts, or (iii) as a component of a system, workflow, or service, accessible by more than the Permitted Number of users; and

2.4. Portable or Home Computer Use. The primary user of the Computer on which the Product is installed may install a second copy of the Product for his or her exclusive use on either a portable Computer or a Computer located at his or her home, provided the Product on the portable or home Computer is not used at the same time as the Product on the primary Computer.

2.5. Backup Copy. You may make a reasonable number of backup copies of the Product, provided your backup copies are not installed or used for other than archival purposes.

2.6. (Deleted Section.) 

2.7. Hard Copy. You may produce Hard Copies from Products purchased with the forzandoArts Electronic License with the following restrictions:

2.7.1 Individual Electronic License. You may make one Hard Copy of the Product for your use or the use of your Organization. You may make a reasonable number of additional Hard Copies of specific pieces of the Product to facilitate normal ease of use of the Product (ie, copy one page of sheet music to make a page turn easier).

2.7.2 Ensemble Electronic License. You may make as many Hard Copies as reasonably needed for use by one Ensemble in your Organization. If your organization has several Ensembles, they may not use Hard Copies of the same Product simultaneously, but they may use them serially within the Organization. If there are multiple Licenses for the same Product, then as many Ensembles as there are Licenses for the Product may use Hard Copies of the Product. You may make a reasonable number of additional Hard Copies of specific pieces of the Product to facilitate normal ease of use of the Product (ie, copy one page of sheet music to make a page turn easier).

2.7.3 Ownership. All Hard Copies and the materials upon which they are created are considered inseparable parts of the product, and are therefore licensed, not sold to you. They are owned by forzandoArts, and must be returned at the request of forzandoArts. All Hard Copies must bear all notices (ie, copyright statements) intended to accompany them.

2.7.4 Distribution. You and your Organization may not distribute Hard Copies of the product to any other person, individual, or Organization.

3. Intellectual Property Ownership. The Product and any authorized copies that you make are the intellectual property of and are owned by forzandoArts and its suppliers. The structure, organization and code of the Product are the valuable trade secrets and confidential information of forzandoArts and its suppliers. The Product is protected by law, including but not limited to the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the Product and all rights not expressly granted are reserved by forzandoArts and its suppliers.

4. Restrictions.

4.1 Notices. You may not copy the Product except as set forth in Section 2 and 14. Any permitted copy of the Product that you make must contain the same copyright and other proprietary notices that appear on or in the Product.

4.2 No Modifications. Except as permitted in Section 14.7, you may not modify, adapt or translate the Product. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Product except to the extent you may be expressly permitted under applicable law to decompile only in order to achieve interoperability with the Product.

4.3 No Unbundling. The Product may include various applications, utilities and components, may support multiple platforms and languages and may be provided to you on multiple media or in multiple copies. Nonetheless, the Product is designed and provided to you as a single product to be used as a single product on Computers as permitted by Sections 2 and 14. You are not required to use all component parts of the Product, but you may not unbundle the component parts of the Product for use on different Computers. You may not unbundle or repackage the Product for distribution, transfer or resale. See Section 14 for specific exceptions to this Section.

4.4 No Transfer. YOU MAY NOT RENT, LEASE, SELL, SUBLICENSE, ASSIGN OR TRANSFER YOUR RIGHTS IN THE PRODUCT, OR AUTHORIZE ANY PORTION OF THE PRODUCT TO BE COPIED ONTO ANOTHER INDIVIDUAL OR LEGAL ENTITY'S COMPUTER EXCEPT AS MAY BE PERMITTED HEREIN. You may, however, transfer all your rights to use the Product to another individual or legal entity provided that: (a) you also transfer (i) this agreement, (ii) any hard copies created of the Product(s), the Product and all other bundled components, packaged, or pre-installed with the Product, including all copies, upgrades, updates and prior versions, and (iii) all copies of font software converted into other formats to such individual or entity; (b) you retain no upgrades, updates or copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this agreement and any other terms and conditions under which you purchased a valid license to the Product. NOTWITHSTANDING THE FOREGOING, YOU MAY NOT TRANSFER EDUCATION, PRE-RELEASE, OR NOT FOR RESALE COPIES OF THE PRODUCT. Prior to a transfer forzandoArts may require that you and the receiving party confirm in writing your compliance with this agreement, provide forzandoArts with information about yourselves, and register as end-users of the Product. Allow 4-6 weeks to transfer. Please visit http://www.forzandoArts.com or contact forzandoArts's Customer Support Department for more information.

5. Updates. If the Product is an upgrade or update to a previous version of, you must possess a valid license to such previous version in order to use such upgrade or update. All upgrades and updates are provided to you on a license exchange basis. You agree that by using an upgrade or update you voluntarily terminate your right to use any previous version. As an exception, you may continue to use previous versions of forzandoArts software in the transition to the upgrade or update, provided that the upgrade or update and the previous versions are installed on the same computer. Upgrades and updates may be licensed to you by forzandoArts with additional or different terms.

6. LIMITED WARRANTY. Except as may be otherwise provided in Section 14, forzandoArts warrants to the individual or entity that first purchases a license for the Product for use on Computers pursuant to the terms of this agreement that the Product will perform substantially in accordance with the Documentation for the ninety (90) day period following receipt of the Product when used on the recommended operating system and hardware configuration. Non-substantial variation of performance from the Documentation does not establish a warranty right. THIS LIMITED WARRANTY DOES NOT APPLY TO PATCHES, PRE-RELEASE (BETA), TRYOUT, STARTER, EVALUATION, PRODUCT SAMPLER, OR NOT FOR RESALE (NFR) COPIES OF PRODUCT, OR WEBSITES, ONLINE SERVICES OR CD SERVICES (See Section 14). All warranty claims must be made, along with proof of purchase, within such ninety (90) day period. If the Product does not perform substantially in accordance with the Documentation, the entire liability of forzandoArts and its affiliates and your exclusive remedy will be limited to either, at forzandoArts's option, replacement of the Product or refund of the license fee you paid for the Product. THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. For further warranty information, please see the jurisdiction specific provisions at the end of this agreement, if any, or contact the forzandoArts Customer Support Department.

7. DISCLAIMER. THE FOREGOING LIMITED WARRANTY IS THE ONLY WARRANTY MADE BY FORZANDOARTS AND ITS AFFILIATES AND STATES THE SOLE AND EXCLUSIVE REMEDIES FOR FORZANDOARTS, ITS AFFILIATES OR SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY AND ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, forzandoArts AND ITS AFFILIATES AND SUPPLIERS PROVIDE THE PRODUCT AND ACCESS TO ANY WEBSITES, ONLINE SERVICES AND CD SERVICES AS-IS AND WITH ALL FAULTS AND EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY MATTER, INCLUDING BUT NOT LIMITED TO PERFORMANCE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Sections 7 and Section 8 will survive the termination of this agreement, howsoever caused, but this will not imply or create any continued right to use the Product after termination of this Agreement.

8. LIMITATION OF LIABILITY. EXCEPT FOR THE EXCLUSIVE REMEDY SET FORTH ABOVE AND AS OTHERWISE PROVIDED IN SECTION 14, IN NO EVENT WILL FORZANDOARTS OR ITS AFFILIATES OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF AN FORZANODARTS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. FORZANDOARTS' AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCT, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. Nothing contained in this agreement limits forzandoArts's liability to you in the event of death or personal injury resulting from forzandoArts's negligence or for the tort of deceit (fraud). forzandoArts is acting on behalf of its affiliates and suppliers for the purpose of disclaiming, excluding and limiting obligations, warranties and liability, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this agreement, if any, or contact the forzandoArts Customer Support Department.

9. Export Rules. You agree that the Product will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Product is identified as an export controlled item under the Export Laws, you represent and warrant that you are not a citizen of, or located within, an embargoed or otherwise restricted nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba and North Korea) and that you are not otherwise prohibited under the Export Laws from receiving the Product. All rights to use the Product are granted on condition that such rights are forfeited if you fail to comply with the terms of this agreement.

10. Governing Law. This agreement will be governed by and construed in accordance with the substantive laws in force in the State of Illinois. The courts of DuPage County, Illinois when Illinois law applies, shall have non-exclusive jurisdiction over all disputes relating to this agreement. This agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

11. General Provisions. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms. This agreement will not prejudice the statutory rights of any party dealing as a consumer. For example, for consumers in New Zealand who obtain the Product for personal, domestic or household use (not business purposes), this agreement is subject to the Consumer Guarantees Act. This agreement may only be modified by a writing signed by an authorized officer of forzandoArts. The English version of this agreement will be the version used when interpreting or construing this agreement. This is the entire agreement between forzandoArts and you relating to the Product and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Product.

13. Compliance with Licenses. If you are a business, company or organization, you agree that upon request from forzandoArts or its authorized representative you will within thirty (30) days fully document and certify that use of any and all forzandoArts software at the time of the request is in conformity with your valid licenses from forzandoArts.

14. Specific Provisions and Exceptions. This section sets forth specific provisions related to certain components of the Product as well as limited exceptions to the above terms and conditions. To the extent that any provision in this section is in conflict with any other term or condition in this agreement, this section will supersede such other term or condition.

14.1 Limited Warranty for Users Residing in Germany or Austria. If you obtained the Product in Germany or Austria, and you usually reside in such country, then Section 6 does not apply; instead, forzandoArts warrants that the Product provides the functionalities set forth in the Documentation (the "agreed upon functionalities") for the limited warranty period following receipt of the Product when used on the recommended hardware configuration. As used in this Section, "limited warranty period" means one (1) year if you are a business user and two (2) years if you are not a business user. Non-substantial variation from the agreed upon functionalities will not and does not establish any warranty rights. THIS LIMITED WARRANTY DOES NOT APPLY TO PRODUCT PROVIDED TO YOU FREE OF CHARGE, FOR EXAMPLE, UPDATES, PRE-RELEASE, TRYOUT, STARTER, PRODUCT SAMPLER AND NOT FOR RESALE (NFR) COPIES OF PRODUCT, OR TO FONT PRODUCT CONVERTED INTO OTHER FORMATS, WEB SITES, ONLINE SERVICES, CD SERVICES OR PRODUCT THAT HAS BEEN ALTERED BY YOU, TO THE EXTENT SUCH ALTERATION CAUSED A DEFECT. To make a warranty claim, during the limited warranty period you must return, at our expense, the Product and proof of purchase to the location where you obtained it. If the functionalities of the Product vary substantially from the agreed upon functionalities, forzandoArts is entitled -- by way of re-performance and at its own discretion -- to repair or replace the Product. If this fails, you are entitled to a reduction of the purchase price (reduction) or to cancel the purchase agreement (rescission). For further warranty information, please contact forzandoArts Customer Support.

14.2 Limitation of Liability for Users Residing in Germany and Austria.

14.2.1 If you obtained the Product in Germany or Austria, and you usually reside in such country, then Section 8 does not apply. Instead, subject to the provisions in Section 14.2.2, forzandoArts and its affiliates' statutory liability for damages will be limited as follows: (i) forzandoArts and its affiliates will be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect of damages caused by a slightly negligent breach of a material contractual obligation and (ii) forzandoArts and its affiliates will not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation.

14.2.2 The aforesaid limitation of liability will not apply to any mandatory statutory liability, in particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee or liability for culpably caused personal injuries.

14.2.3 You are required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of the Product and your computer data subject to the provisions of this agreement.

14.3 Pre-release Product Additional Terms. If the Product is pre-commercial release or beta software ("Pre-release Product"), then this Section applies. The Pre-release Product is a pre-release version, does not represent final product from forzandoArts, and may contain bugs, errors and other problems that could cause system or other failures and data loss. forzandoArts may never commercially release the Pre-release Product. If you received the Pre-release Product pursuant to a separate written agreement, your use of the Product is also governed by such agreement. You will return or destroy all copies of Pre-release Product upon request by forzandoArts or upon forzandoArts's commercial release of such Product. YOUR USE OF PRE-RELEASE PRODUCT IS AT YOUR OWN RISK. SEE SECTIONS 7 and 8 FOR WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS WHICH GOVERN PRE-RELEASE PRODUCT.

14.4 Tryout, Product Sampler, NFR, Additional Terms. If the Product is tryout, starter, product sampler, or NFR software ("Tryout Product"), then the following Section applies. The Tryout Product may contain limited functionality and is to be used for demonstration and evaluation purposes only and not for your commercial purposes. YOUR USE OF TRYOUT PRODUCT IS AT YOUR OWN RISK. SEE SECTIONS 7 and 8 FOR WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS WHICH GOVERN TRYOUT PRODUCT.

14.5 Time Out Product. If the Product is a timeout version then it will cease operations after a designated period of time or number of launches following installation. The license hereunder will terminate after such period or number of launches unless extended by forzandoArts upon your acquisition of a full retail license. ACCESS TO ANY FILES OR OUTPUT CREATED WITH SUCH PRODUCT OR ANY PRODUCT ASSOCIATED WITH SUCH PRODUCT IS ENTIRELY AT YOUR OWN RISK.

14.6 Educational Product Product. If the Product accompanying this agreement is Educational Product Product (Product manufactured and distributed for use by only Educational End Users), you are not entitled to use the Product unless you qualify in your jurisdiction as an Educational End User. Please contact us to learn if you qualify. (Generally, only teachers or faculty, or their authorized purchasing agents, at accredited K-12 or college institutions will qualify.)

14.7 Online Services.

14.7.1 The Product may rely upon or facilitate your access to websites maintained by forzandoArts or its affiliates or third parties offering goods, information, software and services ("Online Services"). Your access to and use of any website is governed by the terms, conditions, disclaimers and notices found on such site, for example, the Conditions of Use located at www.forzandoArts.com/conditions-of-use. forzandoArts may at any time, for any reason, modify or discontinue the availability of any website and Online Services.

14.7.2 forzandoArts does not control, endorse or accept responsibility for websites or Online Services offered by third parties. Any dealings between you and any third party in connection with a website or Online Services, including delivery of and payment for goods and services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.

14.7.3 EXCEPT AS EXPRESSLY AGREED BY FORZANDOARTS OR ITS AFFILIATES OR A THIRD PARTY IN A SEPARATE AGREEMENT, YOUR USE OF WEBSITES AND ONLINE SERVICES IS AT YOUR OWN RISK UNDER THE WARRANTY AND LIABILITY LIMITATIONS OF SECTIONS 7 AND 8.

If you have any questions regarding this agreement or if you wish to request any information from forzandoArts please use the address and contact information included with this product to contact the forzandoArts office serving your jurisdiction.

forzandoArts, Fortissimo Productions, and related marks are either the registered trademarks or trademarks of Daniel Marshall Reck in the United States and/or other countries.