Important - Read Carefully:
This LIVE365 End User License Agreement ("END USER LICENSE") is a legal agreement between you and LIVE365, Inc. ("LIVE365") for the RADIO365 Software Program, which includes computer software and associated media and printed materials (if any) and may include online or electronic documentation ("SOFTWARE PRODUCT"). By purchasing, downloading, installing, copying and otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this END USER LICENSE. If you do not agree to the terms of this END USER LICENSE, you will not be able to download, install, copy or otherwise use this SOFTWARE PRODUCT.
Copyright
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT) are owned by Live365.
Grant of License
Subject to the condition that you are in compliance with the terms of this END USER LICENSE, LIVE365 grants you the following: (a) you must be a logged-in registered of LIVE365 to use the SOFTWARE PRODUCT. (b) free trial use of the SOFTWARE PRODUCT is limited to a fixed number of listening and usage hours. However, attempts to use the SOFTWARE PRODUCT on multiple computers simultaneously by a single registered user are prohibited.
Limitations
You may not alter, merge, modify, adapt or translate the SOFTWARE PRODUCT, or decompile, reverse engineer, disassemble, or otherwise reduce the SOFTWARE PRODUCT to a human-perceivable form. You may not sell, rent, lease, or sublicense the SOFTWARE PRODUCT. You may not modify the SOFTWARE PRODUCT or create derivative works based upon the SOFTWARE PRODUCT. You may not export the SOFTWARE PRODUCT into any country prohibited by the United States Export Administration Act and the regulations thereunder. In the event that you fail to comply with this END USER LICENSE, LIVE365 may terminate the license and you must destroy all copies of the SOFTWARE PRODUCT (with all other rights of both parties and all other provisions of this END USER LICENSE surviving any such termination). You shall not use the SOFTWARE PRODUCT to develop any software or other technology having the same primary function as the SOFTWARE PRODUCT, including but not limited to using the SOFTWARE PRODUCT in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the SOFTWARE PRODUCT.
Ownership
The foregoing license gives you limited license to use the SOFTWARE PRODUCT. LIVE365 retains all right, title and interest, including all copyright and intellectual property rights, in and to, the SOFTWARE PRODUCT and all copies thereof. All rights not specifically granted in this END USER LICENSE, including Federal and International Copyrights, are reserved by LIVE365.
Warranty Disclaimer
LIVE365 DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. LIVE365 DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LIVE365, ITS ASSOCIATES, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. LIVE365 SHALL HAVE NO RESPONSIBILITY IF THE SOFTWARE PRODUCT HAS BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT OF USE OF THE SOFTWARE PRODUCT WITH OTHER THAN A RECOMMENDED HARDWARE CONFIGURATION, PLATFORM OR OPERATING SYSTEM.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIVE365 BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE PRODUCT AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF LIVE365 HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. LIVE365'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $10.00 OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE PRODUCT THAT CAUSED SUCH DAMAGE. (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS END USER LICENSE.
Government End-Users (Use Only) Restricted Rights Legend
This SOFTWARE PRODUCT 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 400, Foster City, CA 94404.
Termination
LIVE365 may terminate this END USER LICENSE (including your license to use the Live365 software) immediately and without notice if: (a) you breach this END USER LICENSE, any other agreement between you and LIVE365, or LIVE365's Terms of Use; (b) you infringe the intellectual property or other rights of LIVE365 or any third party or you violate any applicable law or regulation; or (c) LIVE365 is unable to verify or authenticate any information you provide. LIVE365 may also terminate this END USER LICENSE in the event it decides, in its sole discretion, to discontinue offering the SOFTWARE PRODUCT or its services. Upon termination, you must destroy all copies of the SOFTWARE PRODUCT in your possession or control.
General
This END USER LICENSE shall be governed by the internal laws of the State of California applicable to agreements entered into and wholly to be performed therein, without giving effect to any conflict or choice of law provision or rule thereof. This END USER LICENSE contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the SOFTWARE PRODUCT licensed hereunder shall be of no effect. The failure or delay of LIVE365 to exercise any of its rights under this END USER LICENSE or upon any breach of this END USER LICENSE shall not be deemed a waiver of those rights or of the breach. If any provision of the END USER LICENSE shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this END USER LICENSE will remain in full force and effect. All questions concerning this END USER LICENSE shall be directed to: LIVE365, Inc., 950 Tower Lane, Suite 400, Foster City, CA 94404.