|Live365 Software License Agreement|
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE PROCEEDING.
By clicking on the "I Accept" or "Download" button, installing, copying or otherwise using this software, you agree to be bound by the terms of this License Agreement ("Agreement"). If you do not agree to the terms of this Agreement, do not install the software.
This Agreement is a legal agreement between you (either an individual or an entity) and Live365, Inc. ("Live365"), which owns and operates the web site http://www.Live365.com (the "Site"), and describes your rights and obligations regarding your use of the Live365 software, documentation and associated materials (collectively, "Live365 software), including warranty and liability disclaimers.
You must register to be a member of Live365 before you may install the Live365 software. During the installation process, you will be asked for your member name and email address. If you are not yet a member of Live365, you may register here.
1. LICENSE GRANT AND RESTRICTIONS.
Live365 hereby grants you a non-exclusive, non-transferable license to use the Live365 software on a single computing device solely for your personal use in connection with the services offered on the Site. You may not: (a) make, sell, rent, transfer, resell for profit or distribute copies of the Live365 software or electronically transfer the Live365 software from one computing device to another or over a network; (b) decompile, reverse engineer, disassemble, or otherwise reduce the Live365 software to a human-perceivable form; (c) modify or create derivative works based upon the Live365 software or any part thereof; (d) remove any proprietary notices or labels on or within the Live365 software; (e) export or re-export the Live365 software to any prohibited country, or to any prohibited person, entity, or end-user as specified by U.S. export controls; (f) use the Live365 software in an attempt to (or in conjunction with any device, program or service designed to) circumvent technological measures employed to control access to or the rights in a content file or other work protected by the copyright laws of any jurisdiction; or (g) retransmit, copy, distribute or make derivative works of any content file delivered to you through the Live365 software.
The foregoing license gives you limited rights to use the Live365 software. All intellectual property and other rights not specifically granted in this Agreement are reserved by Live365.
3. DISCLAIMER OF WARRANTIES AND OF TECHNICAL SUPPORT.
THE LIVE365 SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE AND ON AN "AS IS" BASIS, WITHOUT ANY TECHNICAL SUPPORT OR WARRANTY OF ANY KIND FROM LIVE365. LIVE365 SPECIFICALLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LIVE365 DOES NOT WARRANT THAT THE FUNCTIONS INCLUDED IN THE LIVE365 SOFTWARE WILL MEET YOUR REQUIREMENTS, BE ERROR-FREE OR WORK WITH THE HARDWARE OR SOFTWARE OF ANY SPECIFIC COMPUTING DEVICE OR COMMUNICATIONS NETWORK. LIVE365 DOES NOT WARRANT THE OPERATION OF ANY COMMUNICATIONS NETWORK OVER WHICH YOU MAY SEEK TO OPERATE THE LIVE365 SOFTWARE, AND LIVE365 DOES NOT WARRANT THAT OPERATION OF THE LIVE365 SOFTWARE OVER SUCH A NETWORK WILL NOT RESULT IN NETWORK OR SYSTEM OUTAGES, LOSS OF YOUR DATA, OR FILE CORRUPTION. YOU ASSUME THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE LIVE365 SOFTWARE AND THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
4. LIMITATION OF LIABILITY.
NEITHER LIVE365 NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF LIVE365 OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, NEITHER LIVE365 NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY SUCH DAMAGES OR LOSS RESULTING FROM (a) THE FAILURE OF THE LIVE365 SOFTWARE TO WORK WITH THE HARDWARE OR SOFTWARE OF ANY SPECIFIC COMPUTING DEVICE OR COMMUNICATIONS NETWORK, OR (b) THE OPERATION OF THE LIVE365 SOFTWARE ON A SPECIFIC COMPUTING DEVICE OR OVER A COMMUNICATIONS NETWORK THAT RESULTS IN NETWORK OR SYSTEM OUTAGES, LOSS OF YOUR DATA, OR FILE CORRUPTION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
5. MODIFICATIONS OF THIS AGREEMENT.
Live365 may amend this Agreement at any time by informing you of the amended terms via email to the email address you provided when you registered with Live365. Such amendments will be effective when sent.
6. GOVERNMENT END USERS (USA ONLY) RESTRICTED RIGHTS LEGEND.
The Live365 software is provided with RESTRICTED RIGHTS. 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 Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. The manufacturer is Live365, Inc., 950 Tower Lane, Suite 1550, Foster City, CA 94404.