GHOST NOTES™ MUSIC - APPLICATION LICENSING AGREEMENT

PLEASE READ THIS APPLICATION LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING GHOST NOTES™ MUSIC APPLICATION. YOU ARE ONLY PERMITTED TO USE THIS APPLICATION PURSUANT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT IS BETWEEN YOU (REFERRED TO HERE AS “USER” OR “YOU”, AS AN INDIVIDUAL OR LEGAL ENTITY) AND GHOST NOTES INC. ("GHOST NOTES") ONLY, AND NOT WITH APPLE.

BY DOWNLOADING, INSTALLING, COPYING, OPERATING, OR OTHERWISE USING THIS APPLICATION YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE WITH THE TERMS, DO NOT DOWNLOAD, INSTALL, COPY, OPERATE, OR OTHERWISE USE THE GHOST NOTES MUSIC APPLICATION. IF YOU HAVE DOWNLOADED OR INSTALLED THE APPLICATION AND DO NOT AGREE TO THE TERMS, PROMPTLY REMOVE THE APPLICATION FROM YOUR DEVICE(S).

1. GRANT OF LICENSE AND COPYRIGHT

The Ghost Notes™ Music software program(s) and updates thereto, including without limitation, all systems, designs, methods, and functionality; photo, video, graphic effects, filtering, icons, and other visual media; music, recordings, samples, signal processing, and other audio media; compositions, derivative works, pitch bias, style, and other guidance formatting; output signal, performance data, metadata, symbolics, and encoding, ("Application") are owned by or licensed to Ghost Notes, and are not sold to you by Ghost Notes or its licensors.

The terms of this license will govern any Software and data upgrades provided by Ghost Notes that replace or supplement the original Application, unless such upgrade is accompanied by a separate license. In that case, the terms of the separate license will govern the Application upgrade. Ghost Notes and its licensors retain ownership of the Application and its licensed components and reserve all rights not expressly granted to you.

Subject to the terms and conditions of this Agreement, Ghost Notes hereby grants you a non-transferable license to download, install, and use for non-commercial entertainment purposes, on compatible devices, copies of the Application that accompany this Agreement.

The Application is protected by relevant copyright, patent, trademark, trade secret and other intellectual property laws, and all applicable international intellectual property treaty provisions.

To the extent allowed by applicable law, you indemnify Ghost Notes and its directors, officers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the services, violation of these terms, or infringement of any third party’s intellectual property rights. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.

2. DATA USE DISCLOSURES AND CONSENT

Ghost Notes and its third-party services providers that provide services such as tracking or behavioral analytics may collect and use cookies or similar tracking technologies, personal and technical data, biometrics, stylistic preferences, biases, and related information, including, without limitation, diagnostic and technical information about your device, peripherals, system, web browser, browsing habits, search data, and application software (collectively, “Information”).

This information is gathered to facilitate the provision of Application updates, improvements, product support, and the provision of other services to you related to the Application. Ghost Notes and its third-party may also use this Information in anonymous or aggregated forms to improve its products or to provide services or technologies to you. By using the Application you agree that Ghost Notes, its subsidiaries, affiliates, and agents may collect, maintain, process and use the Information, and you waive your rights to protection under non-U.S. data protection laws, and expressly consent to our lawful use under U.S. law of any Information collected from you. Further you consent to the transfer of Information across international boundaries to jurisdictions anywhere in the world as permitted by local law.

3. RESTRICTIONS

A. You may not engage in reverse engineering, disassembly, decompilation, or otherwise deriving source code from the Application by any method whatsoever.

B. You may not reproduce, modify, change, rent, lease, or distribute the Application in whole or in part, or create derivative works of the Application.

C. You may not use any material or information for purposes of machine learning or training data whatsoever without express written permission from Ghost Notes. 

D. Except as permitted by the Application functionality, you may not electronically transmit the Application from one computer to another or share the Application in a network with other computers where it can be used by multiple devices at the same time.

E. You may not use the Application to distribute illegal data or data that violates public policy.

F. You may not initiate services based on the use of the Application without permission by Ghost Notes.

G. You have no right or interest to any monies, benefit, or other consideration paid to or received by Ghost Notes.

H. You agree to use the Application in compliance with all applicable laws, including, without limitation, local laws of the country of region in which you reside or in which you download or use the Application.

I. Ghost Notes reserves the absolute right to remove any Submission content which may be immoral, illegal, unethical, misleading, or otherwise objectionable, with or without cause, with or without notice, at Ghost Notes sole discretion. If you commit violations, act in bad faith, or otherwise behave in a manner detrimental to Ghost Notes or its

community, you will be subject to suspension, limitation, or permanent removal of access privileges, and forfeit any rights provided hereunder.

4. TERMINATION

This Agreement becomes effective on the day that you receive the Application and remains effective until terminated. If any copyright law or provision of this Agreement is violated, the Agreement shall terminate automatically and immediately without notice from Ghost Notes. Upon such termination, you must immediately stop using the licensed Application and destroy

any accompanying written documents and all copies thereof.

5. DISCLAIMER OF WARRANTY

TO THE MAXIMUM EXTENT OF APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, GHOST NOTES EXPRESSLY DISCLAIMS ALL WARRANTIES AS TO THE APPLICATION, EXPRESS, AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SPECIALLY, BUT WITHOUT LIMITING THE FOREGOING, GHOST NOTES DOES NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED.

You also acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and, if applicable, Apple will refund the purchase price, if any, for the Application to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will not be Apple's responsibility.

6. LIMITATION OF LIABILITY

GHOST NOTES'S ENTIRE OBLIGATION HEREUNDER SHALL BE TO PERMIT USE OF THE APPLICATION UNDER THE TERMS HEREOF. IN NO EVENT SHALL GHOST NOTES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST DATA OR OTHER DAMAGES ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE APPLICATION, EVEN IF GHOST NOTES OR AN AUTHORIZED DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall Ghost Notes's total liability to you for all damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid for the Application. You acknowledge that Ghost Notes, not Apple, is responsible for addressing any claims of you or any third party relating to the Application or the your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

7. THIRD PARTY APPLICATION

Third party software and data ("THIRD PARTY APPLICATION") may accompany the down loaded Application. If, in the written materials or the electronic data accompanying the software, Ghost Notes identifies any software and data as THIRD-PARTY APPLICATION, you acknowledge and agree that you must abide by the provisions of any Agreement provided with the THIRD-PARTY APPLICATION and that the party providing the THIRD PARTY APPLICATION is responsible for any warranty or liability related to or arising from the THIRD PARTY APPLICATION. Ghost Notes is not responsible in any way for the THIRD PARTY APPLICATION or your use thereof.

Ghost Notes provides no express warranties as to the THIRD PARTY APPLICATION. IN ADDITION, GHOST NOTES EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, as to the THIRD PARTY APPLICATION.

Ghost Notes shall not provide you with any service or maintenance as to the THIRD PARTY APPLICATION.

Ghost Notes is not liable to you or any other person for any damages, including, without limitation, any direct, indirect, incidental or consequential damages, expenses, lost profits, lost data or other damages arising out of the use, misuse or inability to use the THIRD PARTY APPLICATION.

8. EXPORT CONTROLS

You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained, In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Application for any purposes prohibited by United States law. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S.

Government as a 'terrorist supporting' country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

9. GENERAL

This Agreement shall be interpreted according to and governed by United States law without reference to principles of conflict of laws. Any dispute or procedure shall be heard before federal or state courts located in the state of New Jersey. If for any reason a court of competent jurisdiction finds any portion of this Agreement to be unenforceable, the remainder of this Agreement shall continue in full force and effect. You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. All legal notices, notice of disputes and demands for arbitration, and any other notice which purports to change these provisions or to assert legal entitlements must be sent in writing to:

Ghost Notes Inc.

3 Oriole Terrace

Sparta, NJ 07871

10. COMPLETE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to use of the Application and any accompanying written materials and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of this Agreement. No amendment or revision of this Agreement will be binding unless in writing and signed by a fully authorized representative of Ghost Notes.

It is Ghost Notes’s policy to comply with all intellectual property laws and, in appropriate circumstances, to terminate the use or accounts of users who infringe the intellectual property rights of others. If you believe that your work has been infringed, send a notice of copyright infringement to Ghost Notes Designated Contact for Copyright Infringement:

Ghost Notes Inc.

3 Oriole Terrace

Sparta, NJ 07871

Your notice must include:

A. Physical or electronic signature of the copyright owner or the person authorized to act on behalf of the copyright owner.

B. Identification of the copyrighted work claimed to be infringed.

C. Description of where the alleged infringements are located in the Services. D. Your name, address, telephone number and email address.

E. A statement of good faith belief that the material is infringing.

F. A statement that, under penalty of perjury, the information in the notification is represented to be accurate and that the complaint is authorized by the copyright holder.

Once proper notice has been received, Ghost Notes will remove or block access to infringing material, and notify the subscriber of the copyright infringement notification.

The subscriber must provide a counter notice that contains the following information:

A. Physical or electronic signature of the subscriber.

B. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.

C. The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”.

D. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber’s address is located, or if the subscriber’s address is outside of the United States, any judicial district in which Ghost Notes may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.

Updated: 11 March 2026