This Tunes Plus End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and myTunesPlus.com LLC ("Tunes", "we" or "us") for the Tunes Plus software product(s) that may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1. GRANT OF LICENSE

Installation and Use. Tunes Plus grants you the right to install SOFTWARE PRODUCT on a single web server, web host account or computer; OR install and store the Software on a storage device, such as a network server, used only to install the Software on your other computers over an internal network, provided you have a license for each domain (URL) or separate computer on which the Software is installed and run. Except as otherwise provided in Section 2(b), a license for the Software may not be shared, installed or used concurrently on different web servers or computers.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

Maintenance of Copyright Notices. You must not remove or alter any copyright notices on all copies of the SOFTWARE PRODUCT.
Distribution. You may not distribute copies of the SOFTWARE PRODUCT to third parties. Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.

Transfer. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.

No support is offered or guaranteed in connection with the product.

3. TERMINATION

Without prejudice to any other rights, Tunes Plus may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT.

4. COPYRIGHT

All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Tunes Plus or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by myTunesPlus.com.

5. BRAZIL GOVERNMENT RESTRICTED RIGHTS

The SOFTWARE PRODUCT is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions of the Rights in Technical Data and Computer Software clause at Lay No.9.609 of the Commercial Computer Software Restricted Rights, as applicable.

6. EXPORT RESTRICTIONS

You agree that you will not export or re-export the SOFTWARE PRODUCT to any country, person, entity or end user subject to BRAZIL. export restrictions. Restricted countries currently include. You warrant and represent that neither the BRAZIL Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.

7. NOTE ON JAVA SUPPORT

The SOFTWARE PRODUCT may contain support for programs written in Java. Java technology is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of Java technology could lead directly to death, personal injury, or severe physical or environmental damage.

8. NO WARRANTIES

Tunes Plus expressly disclaims any warranty for the SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.

9. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall Tunes Plus or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if Tunes Plus has been advised of the possibility of such damages. In any case, myTunesPlus.com entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or US$5.00. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.

10. REGISTRATION

In order to use Tunes Plus, you must become a registered user of the myTunesPlus.com Site. You agree that Tunes Plus user names are the property of myTunesPlus.com, LLC, and we reserve the right, in our sole discretion, to change, remove or replace any user name for any reason. We may refuse to grant you, and you may not use, a myTunesPlus.com user name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. Please note that your user name may be viewed by the public, so you should not choose a user name that personally identifies you. In addition to any other Registration Data, to register with myTunesPlus.com you will be required to choose a password and an account name. You are solely responsible for maintaining the confidentiality of any password you may use to access the Services, and agree not to transfer your user name or password, or lend or otherwise transfer your use of or access to the Services, to any third party. You are fully responsible for all activity that occurs in connection with your user name or password. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security related to your account or the Services, and to ensure that you "sign ou/log off"/exit from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations

11. REFUNDS AND EXCHANGES

Tunes Plus Software is considered electronic media (such as Compact Discs) and once you have received the product and get the domain (URL) license there is no way to prevent further use. Therefore, all Tunes Plus software cannot be refunded or exchanged.

Exceptions for refunds: Tunes Plus licenses shall have thirty (30) days from the date of purchase to cancel their licenses for a full refund. After this thirty (30) day period, purchases of Tunes Plus licenses become FINAL and non-refundable, except in our sole and absolute discretion. At that point, you cannot return or cancel your license for a refund, and if your account is cancelled or terminated by you or by us, for any reason, you will lose and forfeit the remaining time on your license. The default setting for licenses is an annual, with no auto-renewing licenses. This means that each year, on your license anniversary date, you will be charged the prevailing rate for an additional one-year license renewal. Notwithstanding the foregoing. If you have questions, feel free to contact serv...@mytunesplus.com.

Please note: Payments for Tunes Plus licenses are processed by third party service provider(s). In addition to these Terms of Service, subscription transactions may be subject to such service provider’s terms & conditions and privacy policy.

12. MISCELLANEOUS

This EULA is governed by the laws of the State of Sao Paulo, BRAZIL.

If you acquired this product in BRAZIL, this EULA is governed by the laws of the sate of Sao Paulo, Brazil. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the state of Sao Paulo and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of Sao Paulo state.