Terms and Conditions for Institutional Subscriptions
By accessing or
using EveryNote.com ("EN") product(s) you (Authorized User) agree that you are
bound by these terms and conditions.
a) Subject to the
terms of this Agreement, EN hereby grants you a non-exclusive, non-transferable
one-year or two-year (depending on your selection at the time of your payment)
license to download and print any digital .pdf file(s) and to make personal use
of digital .pdf file(s) and the printouts, including private/public
performances, private/public teaching sessions, research and study.
provides all sheet music in .pdf digital format. The delivery of all .pdf files
are via direct download.
c) EN will provide you with assistance in matters concerning download
operations via email.
d) EN is not responsible for any problems related to your Internet connection,
web browser, computer configuration or other software used before, during or
after a site browsing session or a file download operation.
e) You do not acquire any
ownership interest or rights in the Products and associated materials and all
such rights and interests remain in EN and/or its licensors.
f) This License is
granted to you for use on your designated computer(s) only.
g) You may not:
1) Distribute copies of the ENfile(s) in
whole or in part except as expressly provided for in this agreement (you can
distribute parts for personal purposes such as to other instrument players in
order to play in an ensemble or for music teaching or study);
2) Publish, broadcast or sell any materials retrieved
through the EN digital files or use the materials in any manner, whether
commercially or non-commercially, that will infringe the copyright or other
proprietary right of EN and/or its licensors. You represent and warrant to EN
that you will not use the EN products or any material retrieved from the
products to create products or perform services which compete or interfere with
the publications and services of EN or its licensors;
3) Make alterations, editing or
modifications to the .pdf sheet music file(s) or any copy, or otherwise attempt
to discover the source code of the .pdf sheet music file(s), extract, copy and
paste the content of the .pdf sheet music file(s) in another or new document(s);
4) Sub-license, lease, sell, rent or grant others any commercial or
non-commercial rights, or provide copies to others, except for the provision in
the section 1) above;
5) Alter, edit or modify .pdf files for
any revisions, arrangements, transcriptions, etc.;
6) Make media translation and/or telecommunication data transmission of the
.pdf sheet music file(s).
7) Utilize the musical content of .pdf files for any purposes other than
private/public performance, private/public
teaching, research and study).
You agree not to abuse the access to EN files, engage in mass-downloading of
sheet music, or congest the server with consequential damage to other users.
2. Termination of
a) This Agreement shall continue
until the Expiration Date of your subscription or, if the subscription is
renewed, until the new Expiration Date. EN may suspend delivery of its products
to you if you fail to comply with your obligations under this Agreement;
b) If you breach any term of this Agreement, EN may terminate the license
granted to you upon written notice of such termination;
c) You may terminate this
Agreement at any time upon written notice to EN.
3. Proprietary Rights
All intellectual property rights,
including without limitation, trade secrets, copyrights and patent rights to
any files, software, materials, databases or hardware supplied to you by EN
will remain the sole property of EN or its licensors, and no title or license
right is granted to you except as expressly set forth in this Agreement.
4. Disclaimer of warranty
The products and all equipment and
software provided by EN to you are "as is" and "as
5. Limitation of liability
The maximum liability of EN and
its licensors under this agreement, or arising out of any claim related to the
products, for direct damages, whether in contract, tort or otherwise shall be
limited to the total amount of fees received by EN from you hereunder up to the
time the cause of action giving rise to such liability occurred.
a) Assignment. You may not assign this Agreement or any
right granted hereunder without the prior written consent of EN;
b) Interruption of On-Line Products. Neither EN nor its licensors shall
be liable or deemed in default of this Agreement for any failure or delay or
interruption in the on-line Products or any failure of any equipment or
telecommunications resulting from any cause or circumstance beyond the control
c) Entire Agreement. This Agreement constitutes the entire agreement
between the parties hereto with respect to its subject matter and supersedes
any and all previous and contemporaneous understandings or agreements between
the parties with respect to the same subject matter;
d) Severability. If any provision of this Agreement is found invalid or
unenforceable pursuant to a decree or decision of competent jurisdiction, the
remainder of this Agreement shall remain valid and enforceable according to its
e) Governing Law. The Agreement shall be construed according to the laws
of the State of New York, USA;
f) Effective Date. This Agreement shall be effective on the Subscription