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- NAPSTER, INC. END-USER SOFTWARE LICENSE AGREEMENT
-
- YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS
- BEFORE USING THE SOFTWARE WHICH CAN BE DOWNLOADED FROM THE
- NAPSTER WEBSITE, ALONG WITH ANY ACCOMPANYING DOCUMENTATION (THE
- SOFTWARE AND ITS DOCUMENTATION WILL BE REFERRED TO HEREIN AS
- THE "SOFTWARE").
-
- YOUR USE OF THE SOFTWARE MEANS THAT YOU ACCEPT THESE TERMS AND
- CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND
- CONDITIONS, THEN NAPSTER IS UNWILLING TO LICENSE THE SOFTWARE
- TO YOU, AND YOU SHOULD NOT USE THE SOFTWARE. BY INSTALLING,
- DOWNLOADING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU
- ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS,
- UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT
- AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED AND
- MAY NOT USE THE SOFTWARE.
-
- 1. SINGLE COPY SOFTWARE LICENSE. The SOFTWARE is copyrighted
- and protected by law and international treaty. You may
- download the SOFTWARE through a Web browser onto a single
- computer for your personal, non-commercial internal use only,
- unless specifically licensed to do otherwise by Napster, Inc.
- This is a license, not a transfer of title, and you may not,
- nor permit anyone else to, (a) modify the SOFTWARE or use it
- for any commercial purpose or public display, performance, sale
- or rental; (b) decompile, reverse engineer, or disassemble,
- modify, or create derivative works based on the SOFTWARE or the
- documentation in whole or in part; (c) remove any copyright or
- other Napster, Inc. proprietary notices; or (d) transfer the
- SOFTWARE to another person. You agree to prevent any copying
- of the SOFTWARE that you download for your use from the Napster
- web site.
-
- You acknowledge that Napster may from time to time issue
- upgraded versions of the SOFTWARE, and may automatically
- electronically upgrade the version of the SOFTWARE that you are
- using on your computer. You consent to such automatic
- upgrading, and agree that the terms and conditions of this
- Agreement (as may be amended from time to time by notices
- posted on Napster's web site) will apply to all such upgraded
- versions.
-
- 2. USE OF THE NAPSTER SOFTWARE AND NAPSTER SERVICE. The
- SOFTWARE is an integrated browser which, when used with the
- Napster service, is designed to enable musicians and music fans
- to locate audio recordings available in the MP3 format. The
- MP3 files that you locate using Napster are not stored on
- Napster's servers. Napster does not, and cannot, control what
- content is available to you using the Napster browser. Napster
- users decide what content to make available to others using the
- Napster browser and what content to download. Accordingly, you
- are responsible for complying with all applicable federal and
- state laws applicable to such content, including copyright
- laws.
-
- Napster respects copyright law and expects our users to do the
- same. Unauthorized copying, distribution, modification, public
- display, or public performance of copyrighted works is an
- infringement of the copyright holders' rights. You should be
- aware that some MP3 files may have been created or distributed
- without copyright owner authorization. As a condition to the
- license to use the SOFTWARE, you agree that you will not use
- the SOFTWARE or the Napster service to infringe the
- intellectual property rights of others in any way. You also
- agree to comply with all of the notices, terms and conditions
- posted on the Napster web site, including but not limited to
- the Terms of Use and the Napster Copyright Policy posted
- thereon.
-
- As a condition to your use of the Napster service and browser,
- you agree that you will not (i) use the Napster browser or
- service, or attempt to penetrate, modify or manipulate the
- Napster browser or service or any of the hardware or software
- thereof, in order to invade the privacy of, obtain the identity
- of, or obtain any personal information about (including but not
- limited to IP addresses of) any Napster account holder or user,
- or to modify, erase or damage any information contained on the
- computer of any user connected to the Napster service, or (ii)
- reverse engineer any portion of the Napster service.
-
- 3. OWNERSHIP. The SOFTWARE is copyrighted proprietary
- material of Napster, Inc. and may not be copied, reproduced,
- modified, published, uploaded, posted, transmitted, or
- distributed in any way, without Napster Inc.'s prior written
- permission. Except as expressly provided herein, Napster, Inc.
- and its suppliers do not grant any express or implied right to
- you under any patents, copyrights, trademarks, or trade secret
- information of Napster, Inc. or its suppliers.
-
- 4. TERMINATION OF THIS LICENSE. Napster, Inc. may terminate
- this license at any time if you are in breach of any of these
- terms and conditions of use. Upon such termination you must
- and agree to immediately destroy all copies of the SOFTWARE.
-
- 5. DISCLAIMER. THE SOFTWARE IS PROVIDED "AS-IS." NAPSTER,
- INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
- EXPRESS OR IMPLIED, AS TO THE SOFTWARE OR ITS OPERATION. TO
- THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NAPSTER, INC.
- DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
- NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
- FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OF NON-
- INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE
- GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE
- ABOVE EXCLUSIONS MAY NOT APPLY IN FULL. The SOFTWARE may
- contain technical inaccuracies or typographical errors, so
- changes and/or updates may be affected without notice.
- Napster, Inc. may also make improvements and/or other changes
- to the SOFTWARE at any time without notice.
-
- 6. LIMITATION ON DAMAGES. IN NO EVENT SHALL NAPSTER, INC. BE
- LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL OR OTHER
- CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING DIRECTLY OR
- INDIRECTLY FROM THE USE OF THE SOFTWARE, INCLUDING BUT NOT
- LIMITED TO ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF
- PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR
- OTHERWISE, EVEN IF NAPSTER, INC. HAS BEEN EXPRESSLY ADVISED OF
- THE POSSIBILITY OF SUCH DAMAGES.
-
- 7. GOVERNMENT END USERS. If this SOFTWARE is being acquired
- on behalf of the United States Government, the following
- applies. Use, duplication, or disclosure by the U.S.
- Government is subject to restrictions set forth in this
- Napster, Inc. End-User Software License agreement and as
- provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS
- 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR
- 52.227-19, or FAR 52.227-14 (ALT III), as applicable. Napster,
- Inc., 4 West 4th Ave, Suite 401, San Mateo, CA 94402.
-
- 8. GOVERNING LAW. The web site through which this SOFTWARE
- may be downloaded is controlled by Napster, Inc. from its
- facilities in the United States of America. Napster, Inc.
- makes no representations that the SOFTWARE is appropriate or
- available for use in other locations. Those who download this
- SOFTWARE from other jurisdictions do so at their own volition
- and are responsible for compliance with local law. You may not
- use or export this SOFTWARE in violation of U.S. exports laws
- and regulations. This Agreement and any and all claims
- relating to the SOFTWARE shall be governed by the laws of the
- State of California, U.S.A. without regard to or application of
- choice of law rules or principles.
-
- 9. AMENDMENTS. Napster, Inc. may amend these terms and
- conditions at any time by a notice on its web site, which shall
- be binding upon you; accordingly, we urge you to visit the
- Napster web site periodically to review the then current and
- effective terms and conditions for use of the SOFTWARE, as well
- as the Napster web site and service. You may not revise or
- amend these terms and conditions without the prior written
- authorization of an officer of Napster, Inc. Certain
- provisions of these terms and conditions may be superceded by
- expressly designated legal notices or terms located within the
- Napster web site.
-
- 10. NO WAIVER. No delay or failure to take action under these
- terms and conditions will constitute a waiver by Napster, Inc.
- unless expressly waived in writing by a duly authorized officer
- of Napster, Inc.