This Playground Sessions™ Software License Agreement (the Agreement) was last updated on October 12, 2011.
PLEASE READ THE AGREEMENT BELOW AND INDICATE YOUR ACCEPTANCE BY CLICKING ON THE “I ACCEPT” BUTTON AT THE END OF THE AGREEMENT. BY CLICKING ON THIS BUTTON AND INSTALLING AND USING THE PLAYGROUND SESSIONS™ SOFTWARE YOU ARE AGREEING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Playground Sessions™ is a software solution owned by Playground Sessions, Inc. (“PSI”) that allows end-users to download, play and use interactive video lessons for the piano as well as specific song lessons from the PSI online music library (the “Software”). When used in this Agreement, the term “Software” includes the initially downloaded solution and any updates thereto as provided by PSI, as well as all interactive video lessons (the “Videos”) and song lessons made available through our online music library (the “Song Lessons”).
PSI and its licensors shall retain all right title and interest in and to the Software, and all intellectual property rights therein, except for the copyright to the songs taught in the Song Lessons, which are owned by their respective copyright owners. The Software is protected by the copyright laws of the United States and other countries and by international treaty provisions, and contains trade secrets of PSI. Upon your payment of the fees described below, PSI grants you a limited, non-transferable, non-sublicensable, revocable right and license to download, use and display the Software on up to two (2) machines (for a maximum of two (2) users), solely in accordance with the terms and conditions of this Agreement. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by PSI and its licensors.
You may not reverse engineer, decompile, disassemble or otherwise reduce the Software to human-perceivable form. You may not disable any functionality which limits the use of the Software. You may not modify, adapt, translate, copy, rent, sublicense, assign, loan, reseller or distribute the Software. You may not copy the Software onto a server which permits multiple machines to access the Software, nor may you allow third parties to access the Software via an internet-based hosted solution.
The Software is intended to be used on most available computer configurations. While you are responsible for ensuring that you have your computer configured properly to use the Software, if you are having problems running the Software, please reach out to our support team at firstname.lastname@example.org
The license fee for the Software is either $9.99 per month (if paid annually) or $14.99 (if paid quarterly), which includes the initial software solution download, access to all Bootcamp Videos, and discounts in our music library. Additional Song Lessons may be purchased from our music library for an additional fee. The current fee per a Video Song Lesson is $5.99 and $3.99 for a non-video song lesson; however, PSI reserves the right to increase or decrease this fee at any time in its sole discretion. The fee for Song Lessons includes royalty payments to the copyright owners of the songs taught in the Song Lessons.
Payment of all fees shall be made online, either via direct credit card payment or via PayPal. If you pay via PayPal, charges will appear as “Playground Sessions” on your account.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SOFTWARE AND ANY RELATED CONTENT ACCESSIBLE THROUGH THE SOFTWARE ARE PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PSI DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SOFTWARE, AND ANY SUCH CONTENT, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR SECURITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT. PSI DOES NOT WARRANT THAT THE SOFTWARE OR ANY RELATED CONTENT IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PSI SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF PSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE ENTIRE LIABILITY OF PSI FOR ANY REASON ARISING OUT OF OR RELATED TO THIS SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE.
You agree to indemnify, defend and hold harmless PSI for any and all damages, including reasonable costs and attorneys’ fees, arising out of or relating to any third party claim resulting from your breach of this Agreement or your use of the Software, including, without limitation, any claims that you have violated any applicable laws or regulations.
You agree that the Software 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 Software 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, Syria, Sudan, Cuba and North Korea) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this agreement.
Should you fail to comply with the terms and conditions of this Agreement, PSI reserves the right, in its sole discretion, to terminate the licenses granted to you herein, effective immediately. In the event of such a termination, you will not be entitled to a refund of any license fees or any fees paid for additional Song Lessons.
Severability. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to any law, the remaining provisions shall remain in full force and effect as if said provision never existed.
Assignment. You may not sell, transfer, or assign your rights under this Agreement without the prior written consent of PSI; however, PSI may assign its rights and obligations hereunder without your consent. Subject to the foregoing, this Agreement shall inure to the benefit of the parties, their successors and permitted assigns.
Governing Law. This Agreement and all matters and issues collateral thereto shall be governed by the laws of the State of New York, without regard to its conflict of law principles. Any action or proceeding arising out of or relating to this Agreement shall be brought in a court of competent jurisdiction, federal or state, located within the State of New York. The parties hereby irrevocably consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court; provided, however, that nothing in this Agreement will prevent either party from seeking injunctive relief to enforce the terms of this Agreement in any competent venue or jurisdiction, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding.
Force Majeure. PSI shall not be responsible for failing to perform any of its obligations imposed by this Agreement, where such failure is caused by fire, flood, explosion, lightning, windstorm, earthquake, subsidence of soil, failure or destruction, in whole or in part, of machinery or equipment or failure of supply of materials, discontinuity in the supply of power, governmental interference, civil commotion, riot, war, strikes, labor disturbance, transportation difficulties, labor shortage or any cause beyond its reasonable control.