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- NAPSTER, INC. END-USER WEB SITE AND SOFTWARE TERMS AND
- CONDITIONS OF USE
-
-
- YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS
- BEFORE USING THIS WEB SITE, OR THE SOFTWARE WHICH CAN BE
- DOWNLOADED FROM THIS WEB SITE, ALONG WITH ANY ACCOMPANYING
- DOCUMENTATION (THE SOFTWARE AND ITS DOCUMENTATION MAY 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
- 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 SHOULD NOT USE THE SOFTWARE.
-
- 1. SINGLE COPY SOFTWARE LICENSE. The Napster, Inc. information
- and SOFTWARE at this web site 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; (d) transfer the SOFTWARE to another person.
- You agree to prevent any copying of the SOFTWARE that you download
- for your use from this web site.
-
- 2. OWNERSHIP. The SOFTWARE and all Napster, Inc. information
- on this web site 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.
-
- 3. TERMINATION OF THIS LICENSE. Napster, Inc. may terminate
- this license at any time if you are in breach of the terms of these
- terms and conditions of use. Upon such termination you must and agree
- to immediately destroy all copies of the SOFTWARE and all of its
- accompanying documentation.
-
- 4. DISCLAIMER. INFORMATION ON THIS WEB SITE AND THE SOFTWARE
- IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
- IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
- MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR 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. Information on this web site and 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 this web site and/or the
- SOFTWARE at any time without notice.
-
- 5. USER SUBMISSIONS TO NAPSTER, INC. Napster, Inc. does not
- want to receive confidential or proprietary information from you
- through this web site. Please note that any information or material
- sent to Napster, Inc. over this site will not be deemed to be
- confidential. By sending Napster, Inc. any information or material,
- you grant Napster, Inc. an unrestricted, irrevocable license to use,
- reproduce, display, perform, modify, transmit and distribute such
- material or information and you also agree that Napster, Inc. shall
- for any purpose be free to use any concepts, ideas, know-how, or
- techniques that you send to us. Napster, Inc. will not disclose your
- name or otherwise publicize your submitted materials without your
- permission, whether express or implied.
-
- 6. LIMITATION OF 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 THIS WEB SITE AND/OR THE SOFTWARE, INCLUDING, WITHOUT
- LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS
- OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN
- IF WE ARE ESPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-
- 7. GOVERNMENT END USERS. If you are the United States
- Government or are acquiring the SOFTWARE on behalf of the United
- States Government, then the United States Government agrees that:
- (a) if the SOFTWARE is acquired by or supplied to the Department of
- Defense ("DOD"), the SOFTWARE is classified as "Commercial Computer
- Software" and the government is acquiring only "restricted rights"
- in the SOFTWARE and its documentation, as defined in Clause 252.227-
- 7013(c)(1) of the DFARS; (b) for any part of the United States
- Government other than DOD, then the government's rights in the
- SOFTWARE and its documentation will be as defined in Clause 52.227-
- 19(c)(2) of the FAR or, for NASA, in Clause 18-52.227-86(d) of the
- NASA Supplement to the FAR.
-
- 8. GOVERNING LAW. This web site is controlled by Napster, Inc.
- from its facilities in the United States of America. Napster, Inc.
- makes no representations that the information in or from this web site
- is appropriate or available for use in other locations. Those who
- access this web site from other jurisdictions do so at their own
- volition and are responsible for compliance with local law. You
- may not use or export this Napster, Inc web site information or the
- SOFTWARE in violation of US export laws and regulation. Any and all
- claims relating to this web site and/or the SOFTWARE shall be governed
- by the internal substantive laws of the State of California without
- regard to its conflict of law principles.
-
- 9. AMENDMENTS. Napster, Inc. may amend these terms and
- conditions at any time by updating this posting; accordingly, we urge
- you to visit this web site periodically to review the then current and
- effective terms and conditions, which shall be binding upon you. 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 superseded by
- expressly designated legal notices or terms located within this 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.
-
- 11. MP3 FILES. Napster, Inc. makes no representations or
- warranties regarding MP3 files owned by Napster, Inc. users. Many MP3
- files have been authorized for distribution over the Internet by their
- respective copyright owners. You should be aware that MP3 files may
- have been created or distributed without copyright owner authorization
- and Napster, Inc. refers you to the terms and conditions above.
- Copying or distributing unauthorized MP3 files may violate US and
- foreign law and compliance with such law is entirely your
- responsibility.
-
-