Terms of Use

NOTICE. PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE ON ANY AND ALL DEVICE. INSTALLING, COPYING OR OTHERWISE USING THEREOF INDICATES YOUR ACCEPTANCE OF THESE TERMS.

These Terms of Use (hereafter - “Terms”) is a legal agreement between you and Music Breath, LLC including its components and electronic documentation. There Terms are concluded on the above-mentioned SOFTWARE, copies of which are provided with these Terms, including its components and electronic documentation for further installation on your Device that meets the system requirements of the SOFTWARE. 
By installing, copying, or otherwise using the SOFTWARE, you acknowledge that you have read these Terms and that you understand them and agree to be bound by its terms like any written negotiated agreement signed by you. In case of breach of these Terms you may be involved in the court proceedings as a defendant like any legal entity or physical person who obtained the SOFTWARE or uses such SOFTWARE on its behalf. 

The Terms become effective from the moment of the first actually using the SOFTWARE. In this case, you understand and agree that Music Breath, LLC will treat your use of the SOFTWARE as acceptance of the Terms from that moment and for the entire period of the SOFTWARE copyright.

The rights to distribute the SOFTWARE belong to Music Breath, LLC and are protected by the copyright laws of the Russian Federation, international treaty provisions, and the laws of the country of use thereof. 

If you do not agree with the Terms, do not install and use the SOFTWARE.

Definitions

“Music Breath, LLC” means a legal entity organized and existing under the laws of the Russian Federation as a limited liability company whose principal place of business is at office 603, Inzhenernaya st. 4a, Novosibirsk, the Russian Federation, 630090, including all its Departments.

“Department” means an organization department of Music Breath, LLC developing the SOFTWARE of particular class.

“You” refer to and include any person and/or any entity that obtains and uses this SOFTWARE.

“Licence” means the non-exclusive limited right granted to you by Music Breath, LLC to use the SOFTWARE in accordance with these Terms.

“SOFTWARE” means a computer software including its components, electronic documentation granted for installation and use on any Device and distributed by Music Breath, LLC on legal grounds. “Device” means a personal computer, mobile internet device, tablet computer, smartphone, handheld game console, and another device on which the Software shall be installed.

1. Subject of Agreement

1.1. Subject to your compliance with the Terms, Music Breath, LLC grants you a non-exclusive limited right (the “Licence”) enabling you to use the SOFTWARE with all the images, photos, animations, audio and video components, music, text, and additional components integrated into the SOFTWARE, as well as all of the SOFTWARE copies solely adjusted for restrictions specified in Section 3 hereof.

2. Software and Components Rights

2.1. Music Breath, LLC guarantees that it has the full right, power, legal capacity, ability and authority to license and distribute the SOFTWARE with all the images, photos, texts, animations, audio and video components, music, and components integrated into the SOFTWARE, as well as all of the SOFTWARE copies.

2.2. All title and intellectual property rights to the SOFTWARE and in and to the content that is not contained in the SOFTWARE, but may be accessed through use of the SOFTWARE are the property of the respective content owners and protected by the laws of the Russian Federation, international treaties, and the laws of the country of purchase or final use. These Terms do not grant you any rights to such intellectual property.


2.3. The SOFTWARE contains valuable trade secrets and confidential information belonging to Music Breath, LLC and third parties which is protected by copyright of the Russian Federation, international treaty provisions, and the applicable laws of the country of SOFTWARE use. Any use of the SOFTWARE outside of or in contravention of the terms and conditions of these Terms shall constitute a breach of Music Breath, LLC’s and/or third party’s intellectual property rights and shall be cause for the revocation of all rights to use the SOFTWARE granted to you under these Terms.

2.4. Music Breath, LLC hereby disclaims any rights to trademarks, service marks, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. Music Breath, LLC disclaims any proprietary interests in the intellectual property rights other than its own.

3. Limitations of Use

3.1. You acknowledge that the SOFTWARE is protected from unauthorized copying and/or use. The SOFTWARE may include software protection mechanisms and you agree to follow the instructions contained in the SOFTWARE in order to comply with such protection mechanisms.



3.2. You may not perform or make it possible for other persons to perform any activities included in the list below.



3.2.1. Use the SOFTWARE in commercial purposes.

3.2.2. Reverse engineer, disassemble or decompile (convert object code to source code) the SOFTWARE (applications, programs, databases), except, and only to the extent, that such activity is expressly permitted by applicable law notwithstanding this limitation. If applicable law permits such activities, any information so discovered must not be disclosed to third parties to the extent that such disclosure is required by law and such information must be promptly disclosed to Music Breath, LLC. All such information shall be deemed to be confidential and proprietary information of Music Breath, LLC.



3.2.3. Modify, adapt, or translate the SOFTWARE, including making changes to the object code of the programs and databases thereto, correct errors, divide the SOFTWARE into component parts and use them in personal purposes.

3.2.4. Remove or obscure any copyright, trademark or patent notices that appear on the SOFTWARE as delivered to you.

4. Termination

4.1. Unless otherwise agreed in a separate agreement between you and Music Breath, LLC these Terms are effective for the entire period of the SOFTWARE copyright.

4.2. Without prejudice to any other rights, Music Breath, LLC may terminate the Terms if you fail to comply with their terms and conditions and at Music Breath, LLC discretion without cause at any time. In case of the Terms termination by cause of their infringement by you Music Breath, LLC shall not grant you any proofs of such infringement. In such an event, you must destroy all copies of the SOFTWARE, all of its component parts, and uninstall the SOFTWARE.

4.3. You may terminate these Terms by destroying the SOFTWARE and accompanying documentation.

4.4. Provisions 2.3, 2.4, 2.6, 3, 5, 6-8, 9.2 and 9.3 shall survive the termination of these Terms for any cause, but this shall not imply or create any continued right to use the SOFTWARE after termination of these Terms.

5. NO WARRANTY

THE SOFTWARE, INCLUDING TEXT, GRAPHICS, IMAGES OR OTHER COMPONENTS IS PROVIDED “AS IS”. MUSIC BREATH, LLC DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS. MUSIC BREATH, LLC DOES NOT WARRANT FOR ANY THIRD PARTY ‘S SOFTWARE PRODUCTS WHICH MAY BE SUPPLIED WITH OR WITHIN THE SOFTWARE.

6. LIMITATION OF LIABILITY

IN NO EVENT WILL MUSIC BREATH, LLC BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE SOFTWARE OR BY REASON OF ANY FAILURE OF USE THEREOF BY ANY PARTY, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN SOFTWARE INSTALLATION, COMPUTER VIRUSES, EVEN IF MUSIC BREATH, LLC, OR REPRESENTATIVES THEREOF, WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. ALSO IN NO EVENT WILL MUSIC BREATH, LLC BE LIABLE FOR ANY INACCURACIES IN ADVERTISEMENTS OF THIRD PARTIES-ADVERTISERS WHEN YOU USE THE SOFTWARE ON THE DEVICE.

7. Financial Liability

7.1. In no event will Music Breath, LLC be liable for any damages caused by the financial relationship between you and the third parties when using the Software.

7.2. In no event Music Breath, LLC be liable for any damages caused by the relationship between you and the third parties for the SOFTWARE purchase or software products obtained on other Internet services, online application stores and online supermarkets. You acknowledge and agree that such relationships, including liability of their members, subject to the terms of use of such third-party services and stores.

7.3. When you make your in-app payments using the SOFTWARE the only liability of Music Breath, LLC is restricted by the amount of payment received by Music Breath, LLC.

7.4. The total liability of Music Breath, LLC to any person or legal entity for any claims concerned to the SOFTWARE, including claims for offense, indemnification, statutory and strict liability or otherwise, in case of their legality and validity shall not exceed three hundred US dollars.

8. Governing Law

8.1. These Terms shall be governed by and construed in accordance with the substantial laws in force in the Russian Federation. If you are a legal entity or a private entrepreneur, аny and all disputes, controversies or differences in opinion arising out of or relating to these Terms shall be finally resolved through arbitration in accordance with the arbitration rules and legal procedures of the Russian Federation. Judgment of the Arbitration Court of Novosibirsk, the Russian Federation is final and obligatory for execution by both parties. If you are an individual person, the Soviet District Court of Novosibirsk, the Russian Federation, shall have jurisdiction over all disputes relating to these Terms.

8.2. These Terms shall 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.

9. Miscellaneous


9.1. When installing the SOFTWARE your personal data, such as name and email address can be requested. You acknowledge and agree that your personal data will be obtained and used by Music Breath, LLC. Music Breath, LLC guarantees that all the information you provide when installing and activating the SOFTWARE will be stored and used strictly within Music Breath, LLC in accordance with the laws of the Russian Federation on personal data.



9.2. You agree to indemnify, hold harmless, and defend Music Breath, LLC from and against any claims, liabilities, losses, actions, damages and/or lawsuits, including any attorneys’ fees that may arise from or relate to the use of and/or reliance on the SOFTWARE.



9.3. If any part of these Terms is found void and unenforceable, it will not affect the validity of the Terms in its entirety, which shall remain valid and enforceable according to its terms.

9.4. Music Breath, LLC may make changes to these Terms unilaterally without notice. You are liable for regular reviewing of updated Terms. Effective updated Terms are published on the official site of Music Breath, LLC http://musicbreath.com