NOTE:
You have purchased a perpetual license for unlimited use, on a single telephone system, of the
music content contained on the provided On-Hold Plus CD as well as the content which was recorded into
the playback unit at the factory.
NO ADDITIONAL ROYALTIES ARE DUE TO ON-HOLD PLUS OR ANY OTHER THIRD-PARTY MUSIC
LICENSING AGENCY.
Should a third-party music licensing agency such as ASCAP or BMI attempt to collect royalties based on
your usage of the music contained on any On-Hold Plus CD, the license agreement below is your proof of
perpetual license.
THIS AGREEMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND ON-HOLD
PLUS, INC. (hereafter referred to as “ON-HOLD PLUS”). YOU SHOULD CAREFULLY READ THE FOLLOWING
TERMS AND CONDITIONS BEFORE USING THE MUSIC CONTENT IN THIS PACKAGE. USING THE MUSIC
CONTENT INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO
THEM, PROMPTLY RETURN THE UNOPENED PACKAGE AND YOUR MONEY WILL BE REFUNDED.
1. Grant of License.
ON-HOLD PLUS grants to you a perpetual license to use the enclosed
music/messages (the “Software”) on a single telephone system in a single location. You may not network
the Software or otherwise use it on more than one telephone system or in more than one location at the
same time.
2. Copy Restrictions/Ownership of Software
. You own the media on which the Software is recorded; ON-
HOLD PLUS retains title to the Software including copies, regardless of form or media, and to all
copyrights therein. The Software and accompanying written materials are copyrighted.
3. Transfer Restrictions.
You may transfer the Software with a copy of this Agreement to another party
only on a permanent basis and only if the other party accepts the terms and conditions of this Agreement.
You may not lease or rent the Software to a third party.
4. Termination.
This License is effective until terminated. The License will terminate automatically without
notice from ON-HOLD PLUS if you fail to comply with any provision of the License. You may voluntarily
terminate at any time. Upon termination, you agree to destroy or purge all copies of the Software and
accompanying written materials.
5. Limited Warranty.
As its only warranty under this Agreement, ON-HOLD PLUS warrants the media on
which the Software is provided to be free from defects in materials under normal use for a period of one
(1) year from the date of the delivery to you as evidenced by your purchase receipt. EXCEPT AS
EXPRESSLY WARRANTED HEREIN, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. ON-HOLD PLUS DOES NOT WARRANT THAT THE
SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE SOFTWARE WILL BE ERROR FREE. SOME
STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC, LIMITED RIGHTS. YOU MAY HAVE OTHER RIGHTS
WHICH VARY FROM STATE TO STATE.
6. Limitation of Liability.
ON-HOLD PLUS’s entire liability and your sole remedy under this License is, at
ON-HOLD PLUS’s option, either (a) return of payment as evidenced by a copy of your purchase receipt; or
(b) replacement of media not meeting ON-HOLD PLUS’s Limited Warranty. IN NO EVENT WILL ON-HOLD
PLUS OR ITS VENDORS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, INFORMATION, OR USE), EVEN IF ON-HOLD
PLUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. You hold ON-HOLD PLUS harmless, without
reservation or restriction, from any damage caused to your property location resulting from the operation
or presence of the Software on your property location.
7. Governing Law.
This Agreement is governed by the laws of the State of California.
License Agreement
