End User License Agreement

IMPORTANT - READ THIS CAREFULLY: This "Tutti" End-User License (EULA) is a legal agreement between you (either an individual or a single entity) and Marc Parella dba Marc Parella Consulting for the "Tutti - Musicians Marketing Contact System" which includes computer software, "online" or electronic documentation, printed documentation, example files, and license files or hardware keys (collectively referred to as the SOFTWARE) and the directory of data installed with the SOFTWARE (known as DIRECTORY). The SOFTWARE also includes any updates and supplements to the original SOFTWARE that are provided to you by Marc Parella Consulting. You may receive the SOFTWARE on physical media ("MEDIA"), such as CD-ROMs, floppy diskettes, or through an online download process.

By installing, copying, accessing, or using the SOFTWARE or its DIRECTORY you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, then DO NOT install or use the SOFTWARE.

SOFTWARE LICENSE.

- Marc Parella Consulting along with any future subsidiary or parent company and/or its licensors owns all copyright, trade secret, trademark, patent, and any other intellectual property or proprietary rights in and to the SOFTWARE. Marc Parella Consulting grants you a personal, non-exclusive, non-transferable license to use a single copy of the SOFTWARE on a single hard drive provided this copyright is not violated and provided the terms and conditions of the EULA are accepted and observed.

- If you agree to all of the terms and conditions outlined in this document, a license to use the SOFTWARE on a single computer is granted to you.

OTHER RIGHTS AND LIMITATIONS.

- You may not rent, lease, or sublicense the SOFTWARE or DATA to others. You may not rent, lease, or publish the DIRECTORY with written from Marc Parella Consulting.

- You may not make or otherwise distribute copies of the SOFTWARE, except for backup purposes.

- With respect to the portions of the SOFTWARE identified as examples, you are granted the right to use, modify, and copy the examples in original or modified forms to suit your specific needs.

- Except for portions of the SOFTWARE identified as examples, you may not make changes, modify, or prepare derivative works of the SOFTWARE.

- You may not decompile, disassemble, or otherwise reverse engineer the SOFTWARE.

- You may not transmit any portion of the SOFTWARE over a network, by telephone, or electronically by any means except as necessary to install your licensed copy of the SOFTWARE.

WARRANTY DISCLAIMER AND INDEMNIFICATION DISCLAIMER.

THIS SOFTWARE AND MEDIA IS PROVIDED "AS-IS", WITHOUT WARRANTY OF ANY KIND. ANY USE OF THE SOFTWARE AND DIRECTORY IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARC PARELLA CONSULTING, SUBSIDIARIES, PARENT COMPANIES AND/OR ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE, ITS OUTPUT, AND MEDIA.

MARC PARELLA CONSULTING DOES NOT WARRANT THAT THE DIRECTORY INFORMATION OR DATA INCLUDED IN THE SOFTWARE IS ACCURATE. PRODUCED BY THE SOFTWARE IS RANDOM. IT IS YOUR RESPONSIBILITY TO VERIFY THE ACCURACY OF THE DIRECTORY DATA PROVIDED. IN NO EVENT SHALL MARC PARELLA CONSULTING AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF POSSIBLE DEFECTS OF THE SOFTWARE OR INACCURACY OF THE DIRECTORY.

Marc Parella Consulting AND/OR ITS LICENSORS will not indemnify you and will have no liability for any claim, action, or suit of patent, trade secret, or copyright infringement based on your customization of the SOFTWARE (e.g., integrating with other applications). You acknowledge that you are solely responsible for determining whether your use infringes on a third party's rights.

LIMITATION OF LIABILITY.

IN NO EVENT SHALL MARC PARELLA CONSULTING, ITS SUBSIDIARIES, PARENT COMPANIES AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, ITS OUTPUT, OR THE MEDIA EVEN IF MARC PARELLA CONSULTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT SHALL THE LIABILITY OF MARC PARELLA CONSULTING EXCEED THE GREATER OF THE LICENSING FEES PAID BY YOU FOR THE SOFTWARE OR TWENTY (20) UNITED STATES DOLLARS.

NOT FOR USE IN HIGH RISK ENVIRONMENTS.

U.S. GOVERNMENT RESTRICTED RIGHTS.

EXPORT LAW

You agree not to export the SOFTWARE, its DIRECTORY, or underlying information or technology, either directly or indirectly, to any foreign country except when such export is authorized by, and in full compliance with, the laws and regulations of the United States of America.

TERMINATION

This EULA is effective until terminated. You may terminate it at any time by destroying the SOFTWARE and MEDIA and erasing any copies residing on computer equipment. This EULA will also terminate if you do not comply with any terms and conditions of this EULA. Upon such termination you agree to destroy any and all copies of the SOFTWARE and MEDIA and erase all copies residing on computer equipment.

GENERAL

This agreement shall be governed by, construed, and interpreted in accordance with the laws of the state of California, U.S.A., excluding its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. It constitutes the entire agreement of you and Marc Parella Consulting and/or its licensors concerning this matter, and supersedes all discussions, proposals, bids, invitations, orders, and other communications, oral or written, on this subject. These Terms and Conditions may not be waived, amended, or modified in any way except through a written agreement signed by Marc Parella Consulting. If any one or more provisions of this Agreement are found to be illegal or unenforceable, the remaining provisions will be enforced to the maximum extent possible.

MORE INFORMATION AND CONTACT

Marc Parella Consulting and Marc Parella Music Management are sole-propritary companies located at 520 Geary St Suite 605 San Francisco CA 94102. Telephone number is 415-504-3654. Email is marcparella@mpm-management.com