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- Napster Data exchange software
-
- END-USER LICENSE AGREEMENT FOR NAPSTER INC. SOFTWARE
-
- IMPORTANT READ CAREFULLY: This NAPSTER INC. End-User License
- Agreement (EULA) is a legal agreement between you (either an individual or a
- single entity) and NAPSTER INC. Corporation for the NAPSTER INC.
- software product identified above, which includes computer
- software and associated media and printed materials, 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 EULA. If you do not agree to the terms of this
- EULA, promptly return the unused SOFTWARE PRODUCT to the place from which you
- obtained it for a full refund.
-
- SOFTWARE PRODUCT LICENSE
-
- The SOFTWARE PRODUCT is protected by copyright laws and international copyright
- treaties, as well as other intellectual property laws and treaties. The SOFTWARE
- PRODUCT is licensed, not sold.
-
- 1. GRANT OF LICENSE. This EULA grants you the following rights:
- · Systems Software. You may install and use one copy of the SOFTWARE PRODUCT on
- a single computer. If the SOFTWARE PRODUCT includes functionality that enables
- your single computer to act as a network server, any number of computers
- or workstations may access or otherwise utilize the basic network services
- of that server. The basic network services are more fully described in the
- printed materials accompanying the SOFTWARE PRODUCT.
-
- · Storage/Network Use. You may also store or install a copy of the SOFTWARE
- PRODUCT on a storage device, such as a network server, used only to install or
- run the SOFTWARE PRODUCT on your other computers over an internal network;
- however, you must acquire and dedicate a license for each separate
- computer on which the SOFTWARE PRODUCT is installed or run from the storage
- device. A license for the SOFTWARE PRODUCT may not be shared or used
- concurrently on different computers.
-
- · License Pak. If you have acquired this EULA in a NAPSTER INC.
- License Pak, you may make the number of additional copies of the computer
- software portion of the SOFTWARE PRODUCT authorized on the printed copy of this
- EULA, and you may use each copy in the manner specified above.
-
- 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- · Limitations on Reverse Engineering, Decompilation, and Disassembly.
- You may not reverse engineer, decompile, or disassemble the SOFTWARE
- PRODUCT, You may not use the software product to identify or capture data
- on other uses of this software, Including Names, addresses, email addresses,
- phone numbers, IP addresses or any other proprietary identifying user
- characteristics. The user hereby acknowledges and accepts that engaging
- in any of these activities will cause Napster Inc. Irreparable harm
- and actual damages in excess of 100 million dollars.
-
- · Separation of Components. The SOFTWARE PRODUCT is licensed as a single
- product. Its component parts may not be separated for use on more than
- one computer.
-
- · Rental. You may not rent or lease the SOFTWARE PRODUCT.
-
- · Software Transfer. You may permanently transfer all of your rights under this
- EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT
- (including all component parts, the media and printed materials, any upgrades,
- this EULA and, if applicable, the Certificate of Authenticity), and the
- recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an
- upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.
-
- · Termination. Without prejudice to any other rights, NAPSTER INC.
- may terminate this EULA if you fail to comply with the terms and conditions of
- this EULA. In such event, you must destroy all copies of the SOFTWARE
- PRODUCT and all of its component parts.
-
- 3. UPGRADES. If the SOFTWARE PRODUCT is an upgrade from another product, whether
- from NAPSTER INC. or another supplier, you may use or transfer
- the SOFTWARE PRODUCT only in conjunction with that upgraded product, unless
- you destroy the upgraded product. If the SOFTWARE PRODUCT is an upgrade of a
- NAPSTER INC. product, you now may use that upgraded product
- only in accordance with this EULA. If the SOFTWARE PRODUCT is an
- upgrade of a component of a package of software programs that you licensed as a
- single product, the SOFTWARE PRODUCT may be used and transferred only as part
- of that single product package and may not be separated for use on more than one
- computer.
-
- 4. COPYRIGHT. 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), the accompanying printed materials, and any copies of the SOFTWARE
- PRODUCT, are owned by NAPSTER INC. or its suppliers. The SOFTWARE PRODUCT is
- protected by copyright laws and international treaty provisions.
- Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted
- material except that you may either (a) make one copy of the SOFTWARE
- PRODUCT solely for backup or archival purposes, or (b) install the SOFTWARE
- PRODUCT on a single computer provided you keep the original solely for
- backup or archival purposes. You may not copy the printed materials
- accompanying the SOFTWARE PRODUCT.
-
- 5. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than
- one medium. Regardless of the type or size of medium you receive, you may
- use only one medium that is appropriate for your single computer. You may not
- use or install the other medium on another computer. You may not loan, rent,
- lease, or otherwise transfer the other medium to another user, except as part
- of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
-
- 6. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and
- documentation are 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. Manufacturer is NAPSTER INC., Box 1358, Boston, MA 02205.
-
- MISCELLANEOUS
- This EULA is governed by the laws of the State of Massachusetts.
-
- If this product was acquired outside the United States, then local law may
- apply.
-
- Should you have any questions concerning this EULA, or if you desire to
- contact NAPSTER INC. for any reason, please contact the Napster Inc
- write: NAPSTER INC., Box 277 Hingham Ma. 02043.
-
- LIMITED WARRANTY
- LIMITED WARRANTY. NAPSTER INC. warrants that (a) the SOFTWARE
- PRODUCT will perform substantially in accordance with the accompanying
- written materials for a period of ninety (90) days from the date of receipt, and
- (b) any hardware accompanying the SOFTWARE PRODUCT will be free from defects in
- materials and workmanship under normal use and service for a period of one (1)
- year from the date of receipt. Some states and jurisdictions do not allow
- limitations on duration of an implied warranty, so the above limitation may
- not apply to you. To the extent allowed by applicable law, implied warranties
- on the SOFTWARE PRODUCT and hardware, if any, are limited to ninety (90) days
- and one year, respectively.
-
- CUSTOMER REMEDIES. NAPSTER INC.'s and its suppliers' entire
- liability and your exclusive remedy shall be, at NAPSTER INC.'s
- option, either (a) return of the price paid, or (b) repair or replacement
- of the SOFTWARE PRODUCT or hardware that does not meet NAPSTER INC.'s
- Limited Warranty and which is returned to NAPSTER INC. with a copy
- of your receipt. This Limited Warranty is void if failure of the SOFTWARE
- PRODUCT or hardware has resulted from accident, abuse, or misapplication. Any
- replacement SOFTWARE PRODUCT or hardware will be warranted for the remainder of
- the original warranty period or thirty (30) days, whichever is longer. Outside
- the United States, neither these remedies nor any product support services
- offered by NAPSTER INC. are available without proof of purchase from an
- authorized international source.
-
- NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED
- BY APPLICABLE LAW, NAPSTER INC. AND ITS SUPPLIERS DISCLAIM
- ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING,
- BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
- AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE
- SOFTWARE PRODUCT, AND ANY ACCOMPANYING HARDWARE. THIS
- LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY
- HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO
- STATE/JURISDICTION.
-
- NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM
- EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
- NAPSTER INC. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
- INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
- (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
- 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, EVEN IF NAPSTER INC.
- HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-
- BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE
- EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
- INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
-
- DISCLAIMER:
-
- This is a free information location tool provided by napster, Inc.
- When accessing MP3 files on the Internet, you are accessing content
- over which napster, Inc. has no control. The content in those files
- is determined entirely by other parties who make those files available
- on the Internet and those other parties are solely responsible for such
- content. Napster, Inc. has no control over that content and has NO
- responsibility for such content. Rather, napster, Inc. is merely
- providing access to such content as a service to you.
- napster, Inc. expects all who use the Internet to abide by all laws,
- including all copyright and other intellectual property laws.
- It is the policy of napster, Inc. to respond expeditiously to claims of
- intellectual property infringement. Napster, Inc. will promptly process
- and investigate notices of alleged infringement and will take appropriate
- actions under the Digital Millennium Copyright Act and other applicable
- intellectual property laws. Upon receipt of notices complying or
- substantially complying with the Digital Millennium Copyright Act,
- napster, Inc. will act expeditiously to remove or disable access to any
- material claimed to be infringing or claimed to be the subject of infringing
- activity and will act expeditiously to remove or disable access to any
- reference or link to material or activity that is claimed to be infringing.
- Notices of claimed infringement should be directed to napster, Inc. registered
- agents for receiving notices.
-