IMPORTANT READ CAREFULLY: This MusicMatch End-User License Agreement ("END USER LICENSE") is a legal agreement between you (either an individual or a single entity) and MusicMatch Corporation for the MusicMatch Jukebox Software Program, which includes computer software and associated media and printed materials (if any), and may include online or electronic documentation ( SOFTWARE PRODUCT or SOFTWARE). By installing, copying or 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 Agreement, you are not authorized to use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as by other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. The "END USER LICENSE" grants you're the following rights:
Use and Copy. MusicMatch grant to you the right to use copies of the SOFTWARE PRODUCT only on one personal computer at any given time. You may make copes of the SOFTWARE PRODUCT for backup and archival purposes. You may use the SOFTWARE PRODUCT on a PC different than the one on to which the SOFTWARE PRODUCT was originally installed only after receiving authorization from MusicMatch.
2. RESTRICTIONS
- You may not use the SOFTWARE PRODUCT to reproduce copyrighted audio recordings for commercial purposes, unless you have the expressed permission of the owners of those copyrights
-- You may not use the SOFTWARE PRODUCT to reproduce copyrighted music CD's which you do not
own, unless you have the expressed permission of the owners of those copyrights.
-- You must maintain all copyright notices on all copies of the SOFTWARE PRODUCT
-- You may not distribute copies of the SOFTWARE PRODUCT to third parties
-- You may not reverse engineer, de-compile or disassemble the SOFTWARE PRODUCT.
-- You may not rent or lease the SOFTWARE PRODUCT
-- You may permanently transfer all of your rights under this "END USER LICENSE" only in conjunction with a permanent transfer of the rights to the personal computer on which the SOFTWARE PRODUCT is installed.
3. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT and any copies thereof are owned by MusicMatch or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This "END USER LICENSE" grants you no rights to use such content.
5. NO WARRANY. ANY USE OF THE SOFTWARE PRODUCT IS AT YOUR OWN RISK. TO THE MAXIMIUM EXTENT PERMITTED BY APPLICABLE LAW, MUSICMATCH AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO SUCH EVEN SHALL MUSICMATCH OR ITS SUPPLIERS BE LIABILE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMANGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIEARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF MUSICMATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTINOS DO NOT ALLOW THE EXCLUSION OR LIMITAITNO OF LIAIBLITY FO CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY. MUSICMATCH'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS "END USER LICENSE" SHALL NOT EXCEED ONE DOLLAR (US $1.00)
9. MISCELLANEOUS. This "END USER LICENSE" is governed by the laws of the State of Washington, U.S.A. Should you have any questions concerning this "END USER LICENSE", or if you desire to contact MusicMatch for any reason, please write to MusicMatch, at 2825 NW Lacamas Drive, Camas, WA 98607, or by contact MusicMatch by email at CustomerService@musicmatch.com.
Xing Technology Corporation
End-User License Agreement
This License Agreement (this "Agreement") is a legal agreement between
you and Xing Technology Corporation, a California corporation ("Xing")
for the accompanying software, associated media, printed materials,
audiovisual content, and "online" or electronic documentation
(collectively, the "Product"). By installing or using the Product, you
agree to be bound by the terms of this Agreement. If you do not agree to
all of the terms of this agreement, de-install all copies of the Product
from your computer and return all Product materials to your distributor
or Xing for a refund of any license fees paid.
LICENSE:
1. The Product is licensed, not sold. The Product is protected by
copyright law and international copyright treaty provisions, as well as
other intellectual property laws and treaties. You must not allow copies
of the Product or any part of it to be made or distributed to anyone
else. You may make backup copies of the software for archival purposes
only.
2. Xing grants to you a non-exclusive, non-sublicensable, license to use
the Product for your own use only.
3. The Product is licensed for use on a single session of a single
computer. If your computer is capable of running more than one
simultaneous session, you may not use the Product on more than one
session at a time. You may delete the Product from one computer and
reinstall it on another, but you may not install the Product on more
than one computer at any given time. If you wish to install the Product
on more than one computer or use the Product for more than one session
on a particular computer, you must purchase separate copies of the
Product for each such computer or session.
4. The Product may not be rented, leased, or in any other manner
commercially exploited without prior written permission of Xing.
However, you may transfer this license to use the Product to another
party (the "Transferee") on a permanent basis by transferring all parts
of the Product to the Transferee. Such transfer of possession terminates
your license from Xing. The Transferee will be licensed under the terms
of this Agreement upon the Transferee's acceptance of this Agreement by
its initial use of the Product. Upon notification to Xing of the
transfer, the Transferee will receive customer support on the same terms
you did at the time of the transfer, and the Transferee will receive no
support if for any reason you were ineligible for support. If you
transfer the Product, you must remove all parts of it, along with any
installation devices, from your computer, and you may not retain any
parts or copies for your own use.
5. The Product in source code form is confidential and Xing's protected
trade secret, and you may not attempt to reverse engineer, decompile,
disassemble or otherwise decipher any portion of the Product.
Reproduction and/or redistribution of any portion of the Product is
specifically prohibited in the absence of a separate written agreement
with Xing.
6. If audiovisual content contained in or bundled with the Product (the
"Content") contains its own license agreement, that agreement controls
use of the Content. Otherwise, use of the Content is controlled by this
Agreement. You may not modify, copy, or distribute the Content except to
the extent this Agreement allows modification, copying, or distribution
of the Product. You may not use the Content except in conjunction with
personal testing or demonstration of the Product. The Content must at
all times remain with the Product in its original form.
7. All video, audio, and other content accessed through the Product is
the property of the applicable content owner and may be protected by
applicable copyright law. This Agreement gives you no rights to such
content.
8. If you use the Product to create or distribute audio, video, or other
content, Xing is not responsible for such content, and you are solely
responsible, for the property rights, legality, and regulation of all
such content, including but not limited to issues of copyright ownership
and obscenity regulation worldwide.
9. Xing retains all ownership and intellectual property rights in and to
the Product. You agree to abide by the copyright law and all other
applicable laws of the United States, including those relating to United
States export controls. You agree not to ship or re-export any portion
of the Product to any destination to which it could not lawfully have
been exported originally under those export controls.
10. Xing may terminate this Agreement at any time by delivering notice
to you, and you may terminate this Agreement at any time by removing all
copies of the Product from your computer and destroying all Product
materials. However, Sections 4 through 12 of this Agreement shall
indefinitely survive its termination. This Agreement is personal to you
and you agree not to assign your rights under it. This Agreement shall
be governed by and construed in accordance with the laws of the State of
California and by U.S. federal law relating to intellectual property in
general, and to copyrights, patents, and trademarks in particular. You
agree to submit all disputes to the exclusive jurisdiction of courts or
tribunals located within the territorial boundaries of the U.S.
11. The Product is covered solely by the accompanying Xing Limited
Warranty. THE PRODUCT IS PROVIDED WITHOUT ANY OTHER EXPRESS OR IMPLIED
WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
12. XING SHALL NOT BE LIABLE: (A) FOR INCIDENTAL, CONSEQUENTIAL,
SPECIAL, OR INDIRECT DAMAGES OF ANY SORT WHATSOEVER, WHETHER ARISING IN
TORT, CONTRACT, OR OTHERWISE (INCLUDING WITHOUT LIMITATION DAMAGES FOR
LOSS OF BUSINESS PROFITS, REVENUES, OR INFORMATION, OR FOR BUSINESS
INTERRUPTION) RESULTING FROM YOUR USE OF THE PRODUCT OR YOUR INABILITY
TO USE THE PRODUCT, EVEN IF XING HAS BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGES; OR (B) FOR ANY CLAIM BY ANY PARTY OTHER THAN YOU. IN NO
EVENT SHALL XING'S LIABILITY TO YOU EXCEED THE AMOUNT YOU ORIGINALLY
PAID FOR THE PRODUCT. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME STATES AND JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
13. The Product is provided with Restricted Rights. Use, duplication, or
disclosure by the U.S. Government or any of its agencies or
instrumentalities is subject to the restrictions set forth in
subdivision (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013, or in subdivision (c)(1) and
(c)(2) of the Commercial Computer Software -- Restricted Rights clause
at 48 CFR 52.227-19, as applicable. Manufacturer/contractor is Xing
Technology Corporation, 810 Fiero Lane, San Luis Obispo, CA 93401.
"Xing" and "StreamWorks" are registered trademarks, "SmartFAQ" is a
service mark, and "XingMPEG", "MPEGLive!", and all logo and graphic
designs are trademarks of Xing Technology Corporation.
Other product and company names appearing in Xing Technology Corporation
products and materials are used for identification purposes only and may
be trademarks or registered trademarks of their respective companies.
Registered and unregistered trademarks used in any Xing Technology
Corporation products and materials are the exclusive property of their
respective owners.
Copyright (c) 1994-98 Xing Technology Corporation. All rights reserved.
