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End User License Agreement (EULA)

Effective Date: March 13, 2025


Last Updated: March 13, 2025

This End User License Agreement ("EULA") is a detailed, irrevocable legal contract between Cesme Records ("Cesme," "we," "us," or "our"), headquartered in Austin, Texas, USA, operating cesmerecords.com and affiliated websites managed for artists and clientele on the Cesme roster (collectively, the "Sites"), and you, the end user ("User," "you," or "your"). This EULA governs your access to and use of all digital content, software, applications, audio files, video streams, or services (collectively, the "Products") provided through the Sites. By accessing, downloading, or using the Products, you unconditionally agree to every term herein. Non-compliance or rejection of this EULA mandates immediate cessation of all Product use.

1. Grant of License and Usage Scope

  • License Terms: Cesme Records grants you a strictly limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Products for personal, non-commercial purposes only, subject to full compliance with this EULA.

  • Permitted Use: Use is restricted to viewing, streaming, or interacting with the Products as intended by Cesme Records, on compatible devices you own or control.

  • Prohibited Actions: You are expressly forbidden from copying, reproducing, modifying, distributing, selling, leasing, renting, sublicensing, reverse-engineering, decompiling, disassembling, or creating derivative works of the Products. You may not circumvent security measures, extract source code, or facilitate third-party access to the Products.

2. Ownership and Intellectual Property Rights

  • Cesme Property: All Products, including but not limited to software code, audio recordings, video content, graphics, text, interfaces, and underlying algorithms, are the exclusive property of Cesme Records or its licensors, protected by Texas, U.S., and international copyright, trademark, patent, and trade secret laws. You acquire no ownership interest whatsoever.

  • User-Generated Content: Any content you upload, post, or submit (e.g., reviews, comments, artwork) grants Cesme Records an irrevocable, perpetual, worldwide, royalty-free, fully transferable license to use, reproduce, modify, distribute, display, and commercialize such content in any medium, without compensation or attribution.

  • Trademarks: All logos, brand names, and service marks associated with Cesme Records are our sole property. Unauthorized use is prohibited and may result in legal action.

3. Usage Conditions and Obligations

  • Legal Compliance: You must use the Products in strict accordance with all applicable Texas, federal, and international laws, including copyright and privacy statutes.

  • Account Responsibility: You are solely responsible for securing your account credentials (e.g., usernames, passwords). Cesme Records is not liable for unauthorized access, data breaches, or losses resulting from your failure to safeguard your account.

  • Prohibited Conduct: You may not use the Products to engage in illegal activities, harass others, distribute malware, or disrupt Site operations. Violations will trigger immediate license termination and potential criminal referral.

4. Term, Termination, and Suspension

  • License Duration: This license persists until terminated by you (via account deletion) or Cesme Records, at our sole discretion.

  • Termination Rights: We may suspend, restrict, or terminate your license at any time, with or without cause or notice, for reasons including but not limited to suspected breaches, operational needs, or legal compliance.

  • Post-Termination Obligations: Upon termination, you must immediately cease all use of the Products, delete all downloaded copies, and return any physical media to Cesme Records at your expense.

5. Disclaimers, Warranties, and Limitations of Liability

  • As-Is Provision: The Products are provided "as is" and "as available," without warranties of any kind, express, implied, or statutory, including merchantability, fitness for a particular purpose, or non-infringement.

  • No Guarantees: Cesme Records does not guarantee uninterrupted access, error-free performance, or compatibility with your devices. Downtime, bugs, or data loss may occur without recourse.

  • Liability Limit: Our aggregate liability for any claim arising from this EULA shall not exceed $50 USD. We are not liable for indirect, incidental, special, punitive, or consequential damages, including lost profits, data, or goodwill, even if advised of such possibilities.

6. Indemnification and Legal Protections

You agree to fully indemnify, defend, and hold harmless Cesme Records, its affiliates, officers, directors, employees, agents, and partners from any claims, demands, damages, losses, or expenses (including legal fees) arising from your use of the Products, breach of this EULA, or violation of third-party rights.

7. Updates, Modifications, and Discontinuation

  • Product Changes: Cesme Records may update, patch, enhance, or discontinue the Products at any time, without notice or liability, potentially rendering older versions obsolete.

  • EULA Revisions: We may amend this EULA at our sole discretion, effective immediately upon posting. Your continued use post-revision constitutes acceptance of all changes.

8. Contact Information and Support

For legal inquiries, disputes, or enforcement issues, contact legal@cesmerecords.com with comprehensive details. Responses are provided within 30-90 business days, at our discretion. Technical support is not guaranteed under this EULA.

9. Governing Law and Dispute Resolution

  • Jurisdiction: This EULA is governed exclusively by the laws of the State of Texas, USA, without regard to conflict of law principles.

  • Venue: All disputes shall be resolved solely in the state or federal courts of Austin, Texas, USA. You waive any objections to venue, jurisdiction, or convenience, and agree to arbitration or mediation only if initiated by Cesme Records.

10. Miscellaneous Provisions

  • Severability: If any provision is deemed unenforceable, the remainder of this EULA remains binding.

  • Assignment: Cesme Records may assign this EULA to any party without your consent. You may not assign your rights or obligations.

  • Entire Agreement: This EULA constitutes the complete agreement between you and Cesme Records regarding the Products, superseding all prior understandings.

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