The “App” shall mean The Metronome by Soundbrenner, the software provided by Soundbrenner Limited to offer services related to helping musicians to follow the rhythm, to be used on Apple iOS and Google Android devices and any upgrades from time to time and any other software or documentation which enables the use of the App.
3. Data Protection
4. The App
5. Proprietary Rights and License
- All trade marks, copyright, database rights, and other intellectual property rights of any nature in the App together with the underlying software code are owned directly either by Soundbrenner Limited or by Soundbrenner Limited’s licensors.
6. Conditions of Use
- You will not, nor allow third parties on your behalf to:
- make and distribute copies of the App;
- attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, or translate the App; or
- create derivative works of the App of any kind whatsoever.
- You acknowledge that the terms of agreement with your respective mobile network provider (the “Mobile Provider”) will continue to apply when using the App. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the App or for any such third party charges as may arise. You accept responsibility for any such charges that arise.
- If you are not the bill payer for the mobile telephone or handheld device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.
- This App is available to handheld mobile devices running Apple iOS and Google Android. Soundbrenner Limited will use reasonable efforts to make the App available at all times. However, you acknowledge the App is provided on the Internet and on mobile networks, so the quality and availability of the App may be affected by factors outside Soundbrenner Limited’s reasonable control.
- Soundbrenner Limited, its group of companies, and its sub-contractors do not accept any responsibility whatsoever for unavailability of the App or any difficulty or inability to download or access content or any other communication system failure which may result in the App being unavailable.
- Soundbrenner Limited will not be responsible for any support or maintenance for the App.
8. System Requirements
- In order to use the App, you are required to have a compatible mobile telephone or handheld device, Internet access, and the necessary minimum specifications (the “Software Requirements”).
- The Software Requirements can be found here: compatibility.
- The version of the App software may be upgraded from time to time to add support for new functions and services.
- Soundbrenner Limited may terminate use of the App at any time by giving notice of termination to you.
- Upon any termination:
- the rights and licenses granted to you herein shall terminate; and
- you must cease all use of the software.
10. Limitation of Liability
In no event will Soundbrenner Limited be liable for any direct, indirect, special, punitive, exemplary, or consequential losses or damages of whatsoever kind arising out of your use of or access to the App, including loss of profit or the like whether or not in the contemplation of the parties or whether based on breach of contract, tort (including negligence), product liability, or otherwise.