IMPORTANT--READ CAREFULLY: This MUSICMATCH End User License Agreement ("END USER LICENSE") is a legal agreement between you and MUSICMATCH, Inc. 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 END USER LICENSE, you are not authorized to use the SOFTWARE PRODUCT and, if you paid money for the SOFTWARE PRODUCT, you should return it to the vendor you bought it from for a refund. Do not return the SOFTWARE PRODUCT to MUSICMATCH unless you bought it directly from MUSICMATCH.
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 the following rights: USE and COPY. MUSICMATCH grants to you the right to copy and use the SOFTWARE PRODUCT on as many personal computers as you own, but not over a network. If you are an entity, such as a corporation, and not an individual, you must have a separate END USER LICENSE for each individual who uses the SOFTWARE PRODUCT. You may make a reasonable number of copies of the SOFTWARE PRODUCT for backup and archival purposes.
MUSICMATCH may, but is not obligated to, provide you with updates or upgrades to the SOFTWARE ("UPDATES"), for free or subject to payment of additional license fees. Use of any UPDATE is subject to the terms of this END USER LICENSE. By installing, copying or otherwise using any such UPDATE, you agree to be bound by the terms of this END USER LICENSE with respect to such UPDATE.
2. RESTRICTIONS
-- You may not use the SOFTWARE PRODUCT for real-time broadcasting (terrestrial, satellite, cable or other media) or broadcasting via Internet or other networks, including but not limited to intranets, etc., or in pay-audio or audio-on-demand applications.
-- You may not use the SOFTWARE PRODUCT to reproduce copyrighted audio recordings for commercial purposes, unless you have the express, written permission of the owners of those copyrights.
-- You may not use the SOFTWARE PRODUCT to reproduce copyrighted music CDs which you do not own, unless you have the express, written 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 modify, reverse engineer, decompile 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.
4. NO WARRANTY. THE SOFTWARE PRODUCT IS LICENSED TO YOU "AS IS" AND ANY USE OF THE SOFTWARE PRODUCT IS AT YOUR OWN RISK. TO THE MAXIMUM 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, TITLE AND NON-INFRINGEMENT.
5. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MUSICMATCH OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) REGARDLESS OF CAUSE OR FORM OF ACTION, INCLUDING CONTRACT, TORT OR NEGLIGENCE, 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITY. MUSICMATCH'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS END USER LICENSE SHALL NOT EXCEED ONE DOLLAR (US $1.00).
7. 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 16935 W. Bernardo Drive, Suite 270, San Diego, CA 92127, or by email at CustomerService@MUSICMATCH.com.
Copyright (c) 2000 MUSICMATCH, Inc. All rights reserved.
