Tutti Music Player
This End User License Agreement (“Agreement“) is between you and SMH Enterprises LLC dba Spectrum Interactive (“Spectrum”) and governs your use of the Tutti™ Player application which operates on an iPhone, iTouch or iPad device, or other computing device marketed or manufactured by Apple, Inc. (the “Tutti Player” or “Tutti”) made available through the Apple App Store. The Tutti Player allows you to use certain aspects of Spectrum’s service, available at www.TuttiPlayer.com and other online resources (the “Tutti Service“). Your use of the Tutti Player constitutes your acceptance of the terms of this Agreement, the Apple Agreement (defined below), and all Tutti Agreements and Policies, each which may be amended from time to time by Spectrum as described below.
1. Parties. This Agreement is between you and Spectrum only, and not Apple, Inc. (“Apple“). Spectrum, not Apple, is solely responsible for the Tutti Player and its content. Although Apple is not a party to this Agreement, Apple has the right to enforce this Agreement against you as a third party beneficiary.
2. Acceptance of this Agreement; Amendments to this Agreement and Other Policies. Your use of the Tutti Player constitutes your acceptance of the terms of this Agreement and each of the Related Agreements and Policies described below, each which may be amended from time to time by Spectrum. The most recent version of this Agreement shall always be available on the Internet at www.TuttiPlayer.com and the most recent version shall supersede any and all other versions of this Agreement. Spectrum reserves the right to change or modify this Agreement or any other Spectrum policies related to use of the Tutti Player at any time and at its sole discretion by posting revisions on the Internet at http://www.Tutti Player.com. Continued use of the Tutti Player following the posting of these changes or modifications will constitute acceptance of such changes or modifications.
Your acceptance of this Agreement also constitutes acceptance of the following “Related Agreements and Policies”:
(a) Acceptable Use Policy. Your use of the Tutti Player and license to “Tutti Content” (defined below) is conditioned upon and subject to Spectrum’s Acceptable Use Policy, which you can find at www.tuttiplayer.com/acceptable-use.
4. Your Agreement to this Agreement and certain Agreements Referenced in This Agreement.
(a) Apple Agreement. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple, Inc. (the “Apple Agreement”) and currently located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/. For purposes of this Agreement, the “Tutti Player” is considered the “Licensed Application” and “Tutti Dynamics Inc.” is considered the “Application Provider,” as these terms are defined in the Apple Agreement. If any terms of this Agreement conflict with the terms of the Apple Agreement, the terms of this Agreement shall control.
(b) Apple Terms and Conditions. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS).
5. Tutti Player Limited License. Spectrum grants you a limited, non-exclusive, non-transferrable, revocable license to use the Tutti Player for your personal, non-commercial purposes. You may only use the Tutti Player on an Apple Computing Device that you own or control and as permitted by the App Store Terms of Service. You are limited to using Tutti Content that you license on not more than a five (5) devices Apple Computing Devices and Other Computing Devices, each which must be devices that you own or control.
6. Tutti Content Limited License. The Tutti Player and Services allow you to download, store, play and experience sheet music, images, sound, multimedia or other content or files that are part of or associated with the Tutti Player and Services (“Tuttis”) and other content provided or presented to you by Spectrum (together “Tutti Content”). All Tutti Content is owned or licensed by Spectrum, and provided for your access and use solely through the Tutti Player and Services. Your rights to a specific Tutti may be granted through your purchase of that Tutti, or by arrangements between Spectrum and a third party organization, typically providing you access to the Tutti through an “Access Code”.
Upon your rightful access to a Tutti (i.e., through proper payment or proper use of an Access Code), you are granted a limited, revocable, personal, non-commercial license to use that Tutti during such times, in such geographical locations and subject to such conditions imposed by this Agreement or specifically stated from time to time by Spectrum with respect to such Tutti.
Other than as permitted herein, you may not access, modify, publish, share or otherwise use or disclose any Tutti Content, whether installed or stored on your computer, or otherwise accessed by you without the express written permission of Spectrum.
You agree to only access and use Tuttis purchased or acquired using Access Codes rightfully provided directly to you by Spectrum or an organization of which you are a constituent. Where you receive a code from an organization, your rights to use, store and access the Tutti associated with that code may be further limited by agreements between Tutti and such organization (“Third Party Terms”), which include automatic termination of your right to use Tuttis associated with your Access Codes if you violate your license to use such Tuttis. You rights to such Tuttis are limited by such Third Party Terms whether or not such terms are disclosed to you.
Spectrum reserves the right to rescind or modify this license grant with respect to any Tuttis, and to automatically remove, replace or supplement any or all files and other content associated with such Tuttis, in its sole discretion, including but not limited to the following reasons: (a) a good faith determination by Tutti that use of such Tuttis may infringe upon a third party’s rights in such Tuttis, (b) your breach of this Agreement; (c) as required by Third Party Terms; and (d) due to changes in functionality, creative decisions, or Spectrum’s strategic direction.
Any use of the Tutti Player or any Tutti Content in any manner not allowed under this Agreement or the Apple Agreement, including, without limitation, resale, transfer, modification or distribution of the Tutti Player or copying or distribution of text, pictures, music, barcodes, video, data, hyperlinks, displays and other content provided by the Tutti Player is prohibited.
7. Indemnification. You agree to defend, indemnify, and hold harmless Spectrum and its employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney’s fees) that arise from your use or misuse of the Tutti Player, violation of this Agreement or violation of any rights of a third party. Spectrum reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event You will cooperate in asserting any available defenses.
8. Proprietary Nature of Tutti Player and Marks. Spectrum owns the Tutti Player and any and all trademarks, service marks and other content included in the Tutti Player. The Tutti Player may use trademarks, service marks or other content in connection with the services it provides and such trademarks, service marks or other content remains at all times the property of its respective owner. You have no right or license with respect to any trademarks, service marks and other content owned by Spectrum or any third party that is visible on or provided to You through the Tutti Player. The word mark “TUTTI PLAYER” and the “Tutti Player” logo are common law trademarks of Spectrum.
9. Maintenance and Support. Because the Tutti Player is free, Spectrum does not provide any maintenance or support for it. To the extent that any maintenance or support is required by applicable law, Spectrum, not Apple, shall be obligated to furnish any such maintenance or support. This Agreement does not entitle you to receive and does not obligate Spectrum to provide hard copy documentation, support, telephone assistance, or enhancements or updates to the Tutti Player.
10. Warranty. The Tutti Player is provided for free on an “as is” basis. As such, Spectrum disclaims all warranties about the Tutti Player to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Spectrum, not Apple, shall be solely responsible for such warranty.
11. Limitation of Liability. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, (A) IN NO EVENT SHALL SPECTRUM (AND ITS OFFICERS, DIRECTORS AND AFFILLIATES) BE LIABLE TO YOU WITH RESPECT TO USE OF THE TUTTI PLAYER, SERVICES OR TUTTI CONTENT; AND (B) IN NO EVENT SHALL SPECTRUM (AND ITS OFFICERS, DIRECTORS AND AFFILLIATES) BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE TUTTI PLAYER, SERVICES OR TUTTI CONTENT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OR CORRUPTION OF DATA OR FAILURE OR MALFUNCTION OF YOUR APPLE COMPUTING DEVICE OR OTHER COMPUTING DEVICE. YOUR SOLE REMEDY UNDER THIS AGREEMENT IS TO CEASE USE OF THE SOFTWARE. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
12. “Opt‐In” For Push Messaging. Spectrum may send You “push messages” or “push notifications” (collectively “Push Communications”) if Your Apple Computing Device supports Push Communications. By installing the Tutti Player, You agree to accept Push Communications and “opt‐in” to receive them. Should You wish to cease receiving Push Communications from Spectrum, you may turn off Push Communications for the Tutti Player by opening the “Settings” on your Apple Computing Device, selecting the “Notifications” tab and selecting the “Tutti Player” button
13. Third Party Intellectual Property Claims. Spectrum shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Tutti Player. To the extent Spectrum is required to provide indemnification by applicable law, Spectrum, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Tutti Player or your use of it infringes any third party intellectual property right. Should the Tutti Player be found to infringe any intellectual property rights of a third party, your sole remedy shall be either to cease using the Tutti Player or to use a non‐ infringing version of the Tutti Player should Spectrum choose to provide you with such a non‐infringing version.
14. Product Claims. Spectrum, not Apple, is responsible for addressing any claims by you relating to the Tutti Player or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Tutti Player fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
15. U.S. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
16. Third Party Notices. Portions of the Tutti Player are licensed from third parties. See www.tuttiplayer.com/legal-notices for a complete list of copy right notices and other disclaimers with respect to such software.
17. Internet Access and Charges. You are responsible for any costs you incur to access the internet.
18. Transferability. You may not transfer any of your rights under this Agreement.
19. Termination. Without prejudice to any other rights, Spectrum may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement or any Related Agreement or Policy or the Apple Agreement. In such event, you must uninstall, delete and destroy all copies of the Tutti Player and Tutti Content, and all of their component parts, and Spectrum may remotely suspend or deactivate your ability to use of the Tutti Player(s) and Tutti Content.
We hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of the Tutti Services (including rights and licenses to use Tutti Content and through one or more devices through which the Tutti Player is run or Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that Spectrum may do so in Spectrum’s sole discretion. You also agree that Spectrum will not be liable to you for any modification, suspension, or discontinuance of any Tutti Services or Spectrum services, although Spectrum may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account). However, if Spectrum terminates your account or suspends or discontinues your access to Tutti Services or Spectrum services due to your violation of any Spectrum Agreement, then you will not be eligible for any such credit, refund, discount or other consideration.
20. Contact Information. Should you have any questions, complaints, or claims relating to the Tutti Player, please contact us at support@Tuttiplayer.com.
Tutti AIR Player Beta
For Mac and PC
LICENSED APPLICATION END USER LICENSE AGREEMENT
The Products transacted through the Service are licensed, not sold, to You for use only under the terms of this license, unless a Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. The licensor (“Application Provider”) reserves all rights not expressly granted to You. The Product that is subject to this license is referred to in this license as the “Licensed Application.”
a. Scope of License: This license granted to You for the Licensed Application by Application Provider is limited to a non-transferable license to use the Licensed Application on any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”). This license does not allow You to use the Licensed Application on any iPod touch or iPhone that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
b. Consent to Use of Data: You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Application Provider may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
c. Termination. The license is effective until terminated by You or Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
d. Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service.
You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone or iPod touch are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
h. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. The laws of the State of California, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.