CD-ROM LICENSE AGREEMENT THIS MUSIC FILE and PDF COLLECTION LICENSE AGREEMENT CONSTITUTES AN AGREEMENT BETWEEN YOU AND VINCENT M. BRENNAN. YOU SHOULD CAREFULLY READ (Hah! Fat Effin' Chance!) THE FOLLOWING TERMS AND CONDITIONS BEFORE COPYING THIS MUSIC FILE and PDF COLLECTION TO YOUR MACHINE. SUCH COPYING OR USING THE MATERIALS ON THIS CD INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THE PROVISIONS OF THIS LICENSE AGREEMENT, YOU SHOULD PROMPTLY DELETE THESE MATERIALS FROM YOUR MACHINE. TERMS AND CONDITIONS: 1. GRANT OF LICENSE. In consideration of a donation to the website (OLDMUSICPROJECT.COM) which was a part of the donation you donated for this product, LICENSOR (Dat's ME!) grants to the LICENSEE (Dat's YOU!) a non-exclusive right to use and display this copy of the music files included , along with any updates or upgrade releases of the MUSIC FILES and PDF'S for which you have donated your donatable donation (all parts and elements of the MUSIC FILES and PDF'S as well as the MUSIC FILES and PDF'S as a whole are hereinafter referred to as the "MUSIC FILES and PDF'S" [Actually, I usually just call em 'Freddie'.]) on a single computer only (i.e., with a single CPU) at a single location, even if your're not single yourself, all as more particularly set forth and limited below. LICENSOR reserves all rights not expressly granted to you as Licensee in this License Agreement. 2. OWNERSHIP OF MUSIC FILES and PDF'S. The license granted herein is not a sale of the original MUSIC FILES and PDF'S or of any copy of the MUSIC FILES and PDF'S. As Licensee, you own only the rights to use the MUSIC FILES and PDF'S as described herein and the magnetic or other physical media on which the MUSIC FILES and PDF'S is originally or subsequently recorded or fixed. LICENSOR retains title and ownership of the MUSIC FILES and PDF'S recorded on the original disk(s), as well as title and ownership of any subsequent copies of the MUSIC FILES and PDF'S irrespective of the form of media on or in which the MUSIC FILES and PDF'S is recorded or fixed. This license does not grant you any intellectual or other proprietary or other rights of any nature whatsoever in the MUSIC FILES and PDF'S. TRANSLATION: I done all that work and you can use it but they AIN'T YOUR'N, Bubba! 3. USE RESTRICTIONS. As Licensee, you may use the MUSIC FILES and PDF'S only as expressly authorized in this License Agreement under the terms of paragraph 4. You may physically transfer the MUSIC FILES and PDF'S from one computer to another provided that the Software is used on only a single computer at any one time. You may not: (i) electronically transfer the MUSIC FILES and PDF'S from one computer to another over a network; (ii) make the MUSIC FILES and PDF'S available through a time-sharing service, network of computers, or other multiple user arrangement; (iii) distribute copies of the MUSIC FILES and PDF'S or related written materials to any third party, whether for sale or otherwise; (iv) modify, adapt, translate, reverse engineer, decompile, disassemble, or prepare any derivative work based on the MUSIC FILES and PDF'S or any element thereof; (v) make or distribute, whether for sale or otherwise, any hard copy or printed version of any of the MUSIC FILES and PDF'S nor any portion thereof nor any work of yours containing the MUSIC FILES and PDF'S or any component thereof; (vi) use any of the MUSIC FILES and PDF'S nor any of its components in any other work. (Feckin' lawyers would give an aspirin a headache, innit?) 4. THIS IS WHAT YOU CAN AND CANNOT DO WITH THE MUSIC FILES and PDF'S. You don’t REALLY want me to tell you what to do with them, do you? This is a family show, after all! Well, to be serious for a moment.... you CAN perform, record and be paid for such performance or recording, any Freddies on this disk as the MUSIC IS ALL IN THE PUBLIC DOMAIN. The only thing protected by all this effin' fol-de-rol is the work of transcription, correction, setting up the files in four formats and (where available) PDF's and like that. I did all the bloody work and you've patted me on the head by donating for this disc, so play away but don't reproduce the disk or the music files IN THESE FORMATS. Took me four bleedin' years to do it all. 5. COPY RESTRICTIONS. The MUSIC FILES and PDF'S and accompanying written materials are protected under United States copyright laws. Unauthorized copying and/or distribution of the MUSIC FILES and PDF'S is expressly forbidden. Hell, you may think you’re doing a friend a favour by giving him/her/it a copy of the CD but you’re screwing me out of support for the website. Have you NO shame? You may be held legally responsible for any copyright infringement that is caused, directly or indirectly, by your failure to abide by the terms of this License Agreement. Subject to the terms of this License Agreement and if the MUSIC FILES and PDF'S is not otherwise copy protected, you may make one copy of the MUSIC FILES and PDF'S for backup purposes only. The copyright notice and any other proprietary notices which were included in the original MUSIC FILES and PDF'S must be reproduced and included on any such backup copy. 6. TRANSFER RESTRICTIONS. The license herein granted is personal to you, the Licensee. You may not transfer the MUSIC FILES and PDF'S nor any of its components or elements to anyone else, nor may you sell, lease, loan, sublicense, assign, or otherwise dispose of the MUSIC FILES and PDF'S nor any of its components or elements without the express written consent of LICENSOR, which consent may be granted or withheld at LICENSOR's sole discretion. 7. TERMINATION. The license herein granted hereby will remain in effect until terminated. This license will terminate automatically without further notice from LICENSOR in the event of the violation of any of the provisions hereof. As Licensee, you agree that upon such termination you will promptly destroy any and all copies of the MUSIC FILES and PDF'S which remain in your possession and, upon request, will certify to such destruction in writing to LICENSOR. (Number of requests to date? Feckin' NONE, d'ye ken?) 8. LIMITATION AND DISCLAIMER OF WARRANTIES. a) THE MUSIC FILES and PDF'S AND RELATED WRITTEN MATERIALS, INCLUDING ANY INSTRUCTIONS FOR USE, ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THIS DISCLAIMER OF WARRANTY EXPRESSLY INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR OF FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY OF ANY KIND IS MADE AS TO WHETHER OR NOT THIS MUSIC FILE and PDF COLLECTION INFRINGES UPON ANY RIGHTS OF ANY OTHER THIRD PARTIES. ALL ANCILLARY SOFTWARE INCLUDED ON THE CD ARE THE PROPERTIES OF THE INDIVIDUAL SOFTTWARE DEVELOPERS AND COMPANIES AND ARE SUPPLIED JUST TO MAKE IT EASIER FOR YOUR DUMB ASS TO USE MY WONDERFUL WORK. USE OF SUCH SOFTWARE SHALL BE BOUND BY AND UNDER THE INDIVIDUAL SOFTWARE MANUFACTURER’S CONSITIONS AND RESTRICTIONS AS MAY BE FOUND WITHIN THE SOFTWARE PROGRMS THEMSELVES. THIS MEANS YOU GOTTA READ A LOT MORE OF THIS BULLSHIT. NO ORAL OR WRITTEN INFORMATION GIVEN BY LICENSOR, ITS SUPPLIERS, DISTRIBUTORS, DEALERS, EMPLOYEES, OR AGENTS, SHALL CREATE OR OTHERWISE ENLARGE THE SCOPE OF ANY WARRANTY HEREUNDER. LICENSEE ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF SUCH MUSIC FILES and PDF'S. SHOULD THE MUSIC FILES and PDF'S PROVE DEFECTIVE, YOU, AS LICENSEE (AND NOT LICENSOR, ITS SUPPLIERS, DISTRIBU-TORS, DEALERS OR AGENTS), ASSUME THE ENTIRE COST OF ALL NECESSARY CORRECTION, SERVICING, OR REPAIR. b) LICENSOR warrants the disk(s) on which this copy of the MUSIC FILES and PDF'S is recorded or fixed to be free from defects in materials and workmanship, under normal use and service, for a period of ninety (90) days or NINETY (90) feet from the date of delivery or geographical point of origin as evidenced by a copy of the applicable receipt. LICENSOR hereby limits the duration of any implied warranties with respect to the disk(s) to the duration of the express warranty. This limited warranty shall not apply if the disk(s) have been damaged by unreasonable use, accident, negligence, or by any other causes unrelated to defective materials or workmanship. c) LICENSOR does not warrant that the functions contained in the MUSIC FILES and PDF'S will be uninterrupted or error free and Licensee is encouraged to test the MUSIC FILES and PDF'S for Licensee's intended use prior to placing any reliance thereon. All risk of the use of the MUSIC FILES and PDF'S will be on you, as Licensee. d) THE LIMITED WARRANTY SET FORTH ABOVE GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS AND EXCLUSIONS CONCERNING THE MUSIC FILES and PDF'S AND RELATED WRITTEN MATERIALS SET FORTH ABOVE MAY NOT APPLY TO YOU. 9. LIMITATION OF REMEDIES. LICENSOR's entire liability and Licensee's exclusive remedy shall be the replacement of any disk(s) not meeting the limited warranty set forth in Section 8 above which is returned to LICENSOR with a copy of the applicable receipt within the warranty period. Any replacement disk(s)will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. The NINETY (90) FOOT RULE still applies. 10. LIMITATION OF LIABILITY. IN NO EVENT WILL LICENSOR, OR ANYONE ELSE INVOLVED IN THECREATION, PRODUCTION, AND/OR DELIVERY OF THIS MUSIC FILE and PDF COLLECTION PRODUCT BE LIABLE TO LICENSEE OR ANY OTHER PER-SON OR ENTITY FOR ANY DIRECT, INDIRECT, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTION OF SERVICES, LOST PROFITS, HAEMMHORROIDS, LOST SAVINGS, LOSS OF DATA, LOSS OF HAIR OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, ARISING OUT OF THE PURCHASE, USE, INABILITY TO USE, OR OPERATION OF THE MUSIC FILES and PDF'S, EVEN IF LICENSOR OR ANY AUTHORIZED LICENSOR DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY YOUR USE OF THE MUSIC FILES and PDF'S, YOU ACKNOWLEDGE THAT THE LIMITATION OF LIABILITY SET FORTH IN THIS LICENSE WAS THE BASIS UPON WHICH THE MUSIC FILES and PDF'S WAS OFFERED BY LICENSOR AND YOU ACKNOWLEDGE THAT THE PRICE OF THE MUSIC FILES and PDF'S LICENSE WOULD BE HIGHER IN THE ABSENCE OF SUCH LIMITATION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. 11. UPDATES. LICENSOR, at its sole discretion, may periodically issue updates of the MUSIC FILES and PDF'S which you may receive upon request and payment of the applicable update fee in effect from time to time and in such event, all of the provisions of the within License Agreement shall apply to such updates. 12. EXPORT RESTRICTIONS. Licensee agrees not to export or re-export the Soft-ware and accompanying documentation (or any copies thereof) in violation of any applicable U.S. laws or regulations. 13. ENTIRE AGREEMENT. YOU, AS LICENSEE, ACKNOWLEDGE THAT: (i) YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS; (ii) THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE UNDERSTANDING BETWEEN THE PARTIES AND SUPERSEDES ANY AND ALL PRIOR ORAL OR WRITTEN COMMUNICATIONS RELATING TO THE SUBJECT MATTER HEREOF; AND (iii) THIS AGREEMENT MAY NOT BE MODIFIED, AMENDED, OR IN ANY WAY ALTERED EXCEPT BY A WRITING SIGNED BY BOTH YOURSELF AND AN OFFICER OR AUTHORIZED REPRESENTATIVE OF LICENSOR. 14. SEVERABILITY. In the event that any provision of this License Agreement is held to be illegal or otherwise unenforceable, such provision shall be deemed to have been deleted from this License Agreement while the remaining provisions of this License Agreement shall be unaffected and shall continue in full force and effect. 15. GOVERNING LAW. This License Agreement shall be governed by the laws of the State of Transylvania applicable to agreements wholly to be performed therein and of the United States of YOMAMA, excluding that body of the law related to conflicts of law. This License Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly extruded. No waiver of any breach of the provisions of this License Agreement shall be deemed a waiver of any other breach of this License Agreement. 16. RESTRICTED RIGHTS LEGEND. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer MUSIC FILES and PDF'S clause at 48 CFR ¤ 252.227-7013 and DFARS ¤ 252.227-7013 or subparagraphs (c) (1) and (c)(2) of the Commercial Computer MUSIC FILES and PDF'S-Restricted Rights at 48 CFR ¤ 52.227.19, as applicable. Contractor/manufacturer: LICENSOR: Vincent M. Brennan, who shoulda knew better, c/o THEOLDMUSICPROJECT and ELEPHANT WASHING FACILITY, somewhere in Philadelphia, PA. (good luck finding us!) GEEE-ZUSS! We actually HIRE people to write like that? We must be outta our minds! In a nutshell: I transcribed the tunes from Public Domain books or unattributed books into Noteworthy Composer, then changed those files, after editing, into ABC, GIF, MIDI and PDF files and burned 'em to a CD. The WORK is copyrighted. The MUSIC IS NOT copyrighted. You can''t copyright Public Domain stuff without substantialy changing it. YOU CAN perform the music. YOU CAN be PAID for such performances. List the music as "Irish Traditionsl" or "English Traditional" and you're out of the copyright hassles right ther, but just in case: I GRANT THE FULL AN EXCLUSIVE RIGHT FOR ANYONE AT FECKIN' ALL TO PERFORM AND OR RECORD ANY MUSIC FOUND ON THIS CD. [s] The Licensor. 12-03-2005 OK? Got it? (Why do I think that the chances of that are slim and none?)