2.1 We own or license from third parties all rights, title and interest including copyright, designs, patents, trademarks and other intellectual property rights (“IP Rights”) in the Software and in all of the material (including all text, graphics, logos, sound recordings, musical works and other copyright works) made available in the Software (Content).
2.2 You may use the sound recordings you create using the Software for any commercial or non-commercial purpose, on a royalty-free basis, however your use of the Software and the Content does not transfer to you ownership of any IP Rights in the Software or the Content.
2.3 To the extent that the Software allows you to reproduce, distribute or otherwise exploit material (including musical works, lyrics and sound recordings) not provided as part of the Software, you must only use the Software to reproduce, distribute or exploit material in which you own the copyright, or in respect of which you have all necessary permissions and licences for your use of it. You warrant that any such material will not be defamatory, obscene or illegal and that the use of the Software in relation to that material will not infringe the copyright or other rights of any third party.
3.1 You must not:
3.2 We may suspend or terminate your use of the Software if:
4.1 The Software may contain links or references to internet sites operated by third parties. These third party sites are not under our control and we are not responsible for the content of these sites. We make no representations or warranties and accept no responsibility for the accuracy, completeness, content or use of the information accessible from these sites. When you access such third party sites you do so at your own risk.
6.1 The Software is provided on an “as is” and “as available” basis and we do not provide any support in respect of the Software.
7.1 You indemnify us, our related bodies corporate, subsidiaries, licensees and/or assignees, and their respective officers, agents, partners and employees in respect of any claims, loss, damage or costs (including legal costs on a full indemnity basis) arising from or in connection with:
To the maximum extent permitted by law (but subject to clause 8.1):
8.3 To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense, loss of profits, loss of revenue, loss of data, loss of or damage to reputation, loss of or damage to goodwill, loss of business opportunities (including opportunities to enter into or complete arrangements with third parties), loss of management time, damage to credit rating, loss of business, or any other loss not arising naturally from the relevant breach – irrespective of the manner in which it occurs – which may be suffered due to a your use of the Software, or as a result of the inaccessibility of the Software and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
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