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- ROCKETRADIO TUNER (THE "PRODUCT"), YOU (ALSO "LICENSEE") ARE
- CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS
- AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
- AGREEMENT, SELECT THE BUTTON LABELED "CANCEL" AND DO NOT
- INSTALL OR USE THE PRODUCT.
-
-
-
- 1. Term and Termination. This Agreement shall remain in effect until terminated in
- accordance with this Section or as otherwise provided in this Agreement. Licensee may
- terminate this Agreement at any time by written notice to Licensor. Licensor may
- terminate this Agreement immediately in the event of (i) any breach of Section 2 or 3 by
- Licensee or (ii) a material breach by Licensee which is not cured within 30 days of
- written notice by Licensor. Upon termination, Licensee shall discontinue use and certify
- as destroyed, or return to DigiToy, all copies of the Product.
-
-
-
- 2. Proprietary Rights. Title, ownership rights, and intellectual property rights in the
- Product shall remain in DigiToy and/or its suppliers. Licensee acknowledges such
- ownership and intellectual property rights and will not take any action to jeopardize,
- limit or interfere in any manner with DigiToy's or its suppliers' ownership of or rights
- with respect to the Product. The Product is protected by copyright and other intellectual
- property laws and by international treaties. Title and related rights in the content accessed
- through the Product are the property of the applicable content owner and are protected by
- applicable law. The license granted under this Agreement gives Licensee no rights to
- such content. Any copy shall contain all notices regarding proprietary rights as contained
- in the Product originally delivered by Licensor.
-
-
-
- 3. Restrictions. Except as otherwise expressly permitted in this Agreement, Licensee may
- NOT: (i) modify or create any derivative works of any Product or documentation,
- including translation or localization (Licensee's code written to published APIs
- (application programming interfaces) for the Product shall not be deemed derivative
- works); (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the
- source code for any Product (except to the extent applicable laws specifically prohibit
- such restriction); (iii) redistribute, encumber, sell, rent, lease, sublicense, use the Product
- in a timesharing or service bureau arrangement, or otherwise transfer rights to any
- Product; (iv) copy any Product (except for an archival copy which must be stored on
- media other than a computer hard drive) or documentation; (v) remove or alter any
- trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the
- Product; (vi) modify any header files or class libraries in any Product; (vii) create or alter
- tables or reports relating to the database portion of the Product (except as necessary for
- operating the Product); (viii) publish any results of benchmark tests run on any Product to
- a third party without DigiToy's prior written consent; (ix) use the Product for a
- commercial purpose.
-
-
-
- 4. Upgrades/Support. Licensee shall not be entitled under this License Agreement to
- receive any updates, upgrades or corrections to the Software, nor any support services.
-
-
-
- 5. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY. The Software
- and documentation are provided on an "AS IS" basis, without warranty of any kind.
- LICENSOR AND ITS SUPPLIERS DO NOT MAKE, AND HEREBY EXCLUDE, ALL
- OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND WHETHER
- EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW) WITH
- RESPECT TO ANY PRODUCT. LICENSOR AND ITS SUPPLIERS EXPRESSLY
- DISCLAIM ALL WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR
- A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTIES'
- RIGHTS. LICENSOR AND ITS SUPPLIERS DO NOT WARRANT THAT THE
- PRODUCT WILL MEET LICENSEE'S REQUIREMENTS OR WILL OPERATE IN
- THE COMBINATIONS WHICH MAY BE SELECTED BY LICENSEE OR THAT
- THE OPERATION OF THE PRODUCT(S) WILL BE SECURE, ERROR-FREE OR
- UNINTERRUPTED AND LICENSOR HEREBY DISCLAIMS ANY AND ALL
- LIABILITY ON ACCOUNT THEREOF. THE SECURITY MECHANISMS
- IMPLEMENTED BY THE PRODUCT HAVE INHERENT LIMITATIONS, AND
- LICENSEE MUST DETERMINE THAT THE PRODUCT SUFFICIENTLY MEETS
- LICENSEE'S REQUIREMENTS. THE ENTIRE RISK ARISING OUT OF THE USE
- OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS
- WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
- IN NO EVENT SHALL DIGITOY OR ITS SUPPLIERS BE LIABLE FOR ANY
- CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR
- OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
- DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
- LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING
- OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE
- SOFTWARE, EVEN IF DIGITOY HAS BEEN ADVISED OF THE POSSIBILITY OF
- SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW
- THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
- INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
- YOU.
-
-
-
- 6. Indemnification. You represent and warrant that you will not utilize the Product to
- infringe the rights of any third party, including applicable copyrights and trademarks, and
- you will utilize the Product only to access content for which you have obtained all
- necessary clearances and permissions, or for which the owner of such data or content has
- expressly granted you permission to access. You assume the entire risk resulting from
- your breach of this warranty and agree to hold harmless, indemnify, and defend DigiToy,
- its officers, directors, employees and agents from and against any losses, damages, fines
- and expenses (including attorneys' fees and costs) arising out of or relating to any claims
- that you have recorded and/or transmitted materials in violation of another party's rights,
- or otherwise used the Product to infringe or interfere in the rights of third parties.
-
-
-
- 7. Miscellaneous. This License Agreement shall constitute the complete and exclusive
- agreement between Licensor and Licensee. This License Agreement may not be modified
- except in a writing duly signed by an authorized representative of DigiToy and you. If
- any provision of this License Agreement is held to be unenforceable for any reason, such
- provision shall be reformed only to the extent necessary to make it enforceable, and such
- decision shall not affect the enforceability of such provision under other circumstances,
- or of the remaining provisions hereof under all circumstances. This License Agreement
- shall be governed by the laws of the State of California without regard to conflicts of law
- provisions and you consent to the exclusive jurisdiction of the state and federal courts
- sitting in the State of California. Any and all unresolved disputes arising under this
- License Agreement shall be submitted to arbitration in the State of California. The
- arbitration shall be conducted under the rules then prevailing of the American Arbitration
- Association. The award of the arbitrator shall be binding and may be entered as a
- judgment in any court of competent jurisdiction. This License Agreement will not be
- governed by the United Nations Convention of Contracts for the International Sale of
- Goods, the application of which is hereby expressly excluded.
-
-
-
- 8. U.S. Government Restricted Rights. This Software and documentation are provided
- with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is
- subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial
- Computer Software-- Restricted Rights at FAR 52.227-19 when applicable, or in
- subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at
- DFARS 252.227-7013, and in similar clauses in the NASA FAR supplement, as
- applicable. Manufacturer is DigiToy, Inc., Los Angeles, California, USA. You
- acknowledge that none of the Software or underlying information or technology may be
- downloaded or otherwise exported or re-exported (i) into (or to a national or resident of)
- Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country to which the U.S.
- has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of
- Specially Designated Nationals or the U.S. Commerce Department's Table of Denial
- Orders. By using the Software you are agreeing to the foregoing and are representing and
- warranting that you are not located in or under the control of a national or resident of any
- such country or on any such list.
-
-
-
- Copyright (c) 1999 DigiToy, Inc. Los Angeles, California, USA. All rights reserved.
- Rev. 7/19/99
-
-