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WCUW Jazz Festivals Series Use Agreement

Privacy, Security and Terms of Use

WCUW Radio 91.3 FM is a not-for-profit, non-commercial radio station located at 910 Main St Worcester, MA 1610. The recordings presented here were captured during live concerts with the express approval of the artists and are from a series of programs produced by WCUW Radio from 1978-1990.

The jazzhistorydatabase.com project is an on-line jazz museum dedicated to the preservation and archiving of historically significant materials. All materials submitted to the library are digitized and prepared for inclusion by WPI (Worcester Polytechnic Institute) in conjunction with MAjazz (Massachusetts Jazz Educators Association).

The "WCUW Jazz Festivals Series" is a "secure" application. This means that it can be accessed only by persons who have agreed to the terms of use stated below.

Concert recordings and data-intensive features of the "WCUW Jazz Festivals Series" include the "streaming play" function, which allows users to play the audio library selections, but not a "download" function, so materials may not be copied to your computer.

The "WCUW Jazz Festivals Series" audio features are provided only and exclusively for informational value and for the personal enjoyment of the users of the jazzhistorydatabase.com, and/or for the "fair use" for educational (archival) purposes contemplated by applicable copyright statutes, and not for republication or re-transmission of the text/audio/video files in any print, audio, video or electronic application now known or later to be developed. Since the Media Library involves volumes of copyright-protected text, photos, audio files and video clips, and since this material is the intellectual property of its various authors, the jazzhistorydatabase.com may be accessed only by individuals who have acknowledged certain limitations of use, particularly as may involve the sharing of this actual and intellectual property with others. Before any use of this "WCUW Jazz Festivals Series" occurs, and as a necessary precondition for any such use, the prospective user "the user" thus acknowledges, agrees and covenants as follows:

(1) that all elements of the "WCUW Jazz Festivals Series" including text, audio and video files ("material") embodied therein have been copyright protected by the authors of this material, or must be treated as though such copyright protection actually exists.

(2) that any commercial use of this material for benefit or profit, including the live streaming of audio and/or video files at public< functions and/or performances is prohibited.

(3) that any republication or re-transmission of this material in any< print, audio, video or electronic application now known or later to be developed, is prohibited.

(4) that any files downloaded from the "WCUW Jazz Festivals Series" are to remain in the possession and under the control of the user at all times. Specifically, the user agrees not to email these files as attachments to other individuals, not to copy and save these files on computers belonging to others, and not to post them on or make them available to any public or private "P2P" file-sharing networks such as or similar to Limewire(tm), Shareaza(tm), Bearshare(tm), Ares(tm), Morpheus(tm), or BitTorrent(tm).

(5) that the user agrees not to employ any mechanical or electronic device such as a "robot" or "bot" or "scraper" or any other such device in order to bulk capture (download) the content of this "WCUW Jazz Festivals Series", or to misuse the Media Library in any manner, either aided electronically or not, as might deny the use of this application to others.

(6) the user acknowledges that any apparent infraction of the terms of this Agreement will be met by immediate legal recourse.

(7) the user acknowledges that the "WCUW Jazz Festivals Series" is the property of WCUW Radio, Worcester, Massachusetts, and that the terms of this Agreement shall be governed by the laws of the Commonwealth of Massachusetts.

The user signals his/her agreement to the above terms, and his/her acceptance of these terms, by any subsequent use of the WCUW Jazz Festivals Series.

no, I do not agree / YES, I AGREE
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