IMPORTANT - READ CAREFULLY: This License Agreement ("Agreement") is a contract between you (either an individual or a business entity) and Open G, LLC ("Licensor") for the threefifteen JUKEBOX software which includes computer software, associated media, printed
materials, and "online" or electronic documentation (the "Licensed Software").
BY CLICKING "Next", OR BY INSTALLING, COPYING, OR OTHERWISE USING THE LICENSED SOFTWARE, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE LICENSED SOFTWARE. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU AND LICENSOR RELATED TO THE LICENSED SOFTWARE AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION OR UNDERSTANDING BETWEEN THE PARTIES RELATED TO THE LICENSED SOFTWARE.
1. License Grant. Subject to your acceptance of this Agreement, Licensor hereby grants to you, and you accept, a nonexclusive license to use the Licensed Software in machine-readable, object code form only, and the accompanying documentation, only as authorized in this Agreement. The Licensed Software may be installed and used only on a single computer owned, leased, or otherwise controlled by you; or in the event of the inoperability of that computer, on a backup computer selected by you. You may install the Licensed Software on a local area network or other network and may use the Licensed Software on another computer provided that you do not use the Licensed Software on two or more computers simultaneously. You agree that you will not distribute any copy of the Licensed Software to any third party and that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this Agreement: except that you may permanently transfer all of your rights under this Agreement, provided
that you retain no copies, you transfer all of the Licensed Software (including all related media and printed materials and any upgrades), and the transferee agrees to the terms of this Agreement. You agree that you may not reverse assemble, reverse engineer, reverse compile, modify, or otherwise translate the Licensed Software. You may make one copy of the Licensed Software for your exclusive use on a backup computer selected by you as long as the Licensed Software is used on only one computer at a time. You may make one copy of the documentation for backup purposes. In the event that you receive more than one copy of the Licensed Software from Licensor, you may use any additional copies for archival purposes only and such additional copies may not be transferred to or used by any other person. Any such copies of the Licensed Software or the documentation shall be owned by Licensor and shall include Licensor's copyright and other proprietary notices. You may not remove any copyright or other
proprietary notices or labels on or in the Licensed Software or documentation. Except as authorized under this paragraph, no copies of the Licensed Software or any portions thereof may be made by you or any person under your authority or control. This Agreement does not include any license or right to any enhancements, updates, new versions or new releases to the Licensed Software. This Agreement does not include any support or maintenance services and does not include any training. You may not use the Licensed Software by itself or in combination with any other software or hardware to circumvent security measures employed to control access to or otherwise protect content.
2. Permissions Required. You acknowledge that the recording and playback features of the Licensed Software are intended only for use with content that is either in the public domain or properly licensed to you from a third party. You acknowledge that you may require permission from a third party to create, reproduce (copy), play, distribute or store content files for playback using the Licensed Software. If you copy or download any files which include content protected by copyright or other laws using the Licensed Software you may not distribute such content to a third party without appropriate permission. You may not use the Licensed Software to reproduce or distribute copyrighted audio works or music for commercial purposes without obtaining prior permission of the copyright owners. You may not use the Licensed Software to reproduce copyrighted sound recordings without obtaining prior permission of the copyright owner. You acknowledge that Licensor does not own any rights, title or interests in and to any content that you may access using the Licensed Software. This Agreement does not grant to you any license, right or permission to use, reproduce (copy), play, store, or distributed any content that you may access using the Licensed Software.
3. Licensor's Rights. You acknowledge and agree that the Licensed Software and the documentation are proprietary products of Licensor. You further acknowledge and agree that all right, title, and interest in and to the Licensed Software, documentation and all copies thereof, including associated intellectual property rights, are and shall remain with Licensor. This Agreement does not convey to you an interest in or to the Licensed Software, documentation or any copies but only a limited right of use revocable in accordance with the terms of this License Agreement.
4. License Fees. The license fees paid by you are paid in consideration of the licenses granted under this Agreement.
5. Term. This Agreement is effective upon your installment of the Licensed Software and shall continue until terminated. You may terminate this Agreement at any time by returning the Licensed Software and all copies and portions thereof to Licensor. Licensor may terminate this License Agreement upon the breach by you of any term hereof. Upon such termination by Licensor, you agree to return to Licensor the Licensed Software and all copies and portions thereof.
6. Submissions. Should you decide to transmit to Licensor's website by any means or by any media any materials or other information (including, without limitation, ideas, concepts or techniques for new or improved services and products), whether as information, feedback, data, questions, comments, suggestions or the like, you agree such submissions are unrestricted and shall be deemed non-confidential and you automatically grant Licensor and its assigns a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, display and perform the same.
7. DISCLAIMER OF WARRANTY. THE LICENSED SOFTWARE AND THE ACCOMPANYING FILES AND DOCUMENTATION ARE PROVIDED "AS IS". LICENSOR DOES NOT WARRANT THE PERFORMANCE OF THE LICENSED SOFTWARE OR RESULTS YOU MAY OBTAIN BY USING THE LICENSED SOFTWARE, SUCH FILES, OR THE DOCUMENTATION. LICENSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO TITLE OR INFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
8. Limitation of Liability. Licensor's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement or use of the Licensed Software shall not exceed the license fee paid to Licensor for the use of the Licensed Software. Any liability of Licensor for a defective copy of the Licensed Software shall be limited exclusively to replacement of your copy of the Licensed Software with another copy or refund of the license fee Licensor received from you for the defective copy of the Licensed Software. In no event shall Licensor be liable for any indirect, incidental, consequential, special or exemplary damages or lost profits, even if Licensor has been advised of the possibility of such damages. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Licensor disclaims any liability related to links
provided in the Licensed Software to other information sources, including but not limited to links to websites, software, databases, and other sources of information not provided by Licensor. Further, by including such links in the Licensed Software, Licensor is not endorsing or promoting any of the products, services or information that may be obtained through such links. You acknowledge that you are solely responsible for any audio, textual (including lyrics) and other content which may be created by you using the Licensed Software and that you are solely responsible for insuring that such content does not violate any laws or rights of third parties. Licensor specifically disclaims any liability or responsibility for content created by you using the Licensed Software.
9. Indemnification. You will defend, indemnify and hold harmless Licensor, its directors, officers, employees and agents from and against any claims, actions, suits, losses, damages, fines, liabilities, judgments, costs and expenses (including attorney fees) arising out of or relating to (a) any breach by you of any term of this Agreement; (b) any allegation of infringement of any intellectual property right of a third party resulting from you extracting, downloading, recording, copying, storing, playing, or distributing content, material or files using the Licensed Software or performing any other act using the Licensed Software; (c) any violation of any U.S. federal, state or local law, regulation or ordinance resulting from your use of the Licensed Software; or (d) any audio or other content created or distributed by you using the Licensed Software (including but not limited to any allegation that such content is obscene, disparaging, libelous, or slanderous).
10. Enhancements and Upgrades. Licensor may provide enhancements or upgrades to the Licensed Software. Any such enhancements or upgrades will be offered to you at Licensor's then-current fee for same. Licensor shall not have any obligation to develop or provide any enhancements or upgrades to the Licensed Software.
11. Trademarks. All names, tradenames, and trademarks appearing in the Licensed Software or documentation are the property of Licensor or its sublicensors. No license, permission or right is granted by this Agreement to use any of such names, tradenames, or trademarks except as used on or in connection with the Licensed Software or documentation.
12. Governing Law. This License Agreement shall be construed and governed in accordance with the laws of the State of Indiana.
13. Severability. Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
14. No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
15. U.S. Government Restrictions. The Licensed Software and related 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 for such purpose is Open G, LLC. You agree to abide by all applicable laws of the United States; including but not limited to the U.S. copyright law and U.S. export control laws related in any way to the possession or use of the Licensed Software. More specifically, you agree not to export any portion of the Licensed Software or documentation to any prohibited or restricted country under the U.S. export control laws.
Flow-Down License Terms (Terms of Use). This application contains software from CDDB, Inc. of Berkeley California ("CDDB"). The software from CDDB (the "CDDB Client") enables this application to do online disc identification and obtain music-related information, including name, artist, track, and title information ("CDDB Data") from online servers ("CDDB Servers") and to perform other functions. You agree that you will use CDDB Data, the CDDB Client, and CDDB Servers for your own personal non-commercial use only. You agree not to assign, copy, transfer or transmit the CDDB Client or any CDDB Data to any third party. YOU AGREE NOT TO USE OR EXPLOIT CDDB DATA, THE CDDB CLIENT, OR CDDB SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN. You agree that your non-exclusive license to use the CDDB Data, the CDDB Client, and CDDB Servers will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the CDDB Data, the CDDB Client, and CDDB Servers. CDDB reserves all rights in CDDB Data, the CDDB Client, and the CDDB Servers, including all ownership rights. You agree that CDDB, Inc. may enforce its rights under this Agreement against you directly in its own name. The CDDB Client and each item of CDDB Data are licensed to you "AS IS." CDDB makes no representations or warranties, express or implied, regarding the accuracy of any CDDB Data from in the CDDB Servers. CDDB reserves the right to delete data from the CDDB Servers or to change data categories for any cause that CDDB deems sufficient. No warranty is made that the CDDB Client or CDDB Servers are error-free or that functioning of CDDB Client or CDDB Servers will be uninterrupted. CDDB is not obligated to provide you with any new enhanced or additional data types or categories that CDDB may chose to provide in the future. CDDB DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CDDB does not warrant the results that will be obtained by your use of the CDDB Client or any CDDB Server. IN NO CASE WILL CDDB BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.
Portions based upon Microsoft Windows Media technologies. Copyright (C) 1999 Microsoft Corporation. All rights reserved. Microsoft, Windows Media, and the Windows Logo are the registered trademarks of Microsoft Corporation in the United States and/or other countries.
CD-related data through the Internet from the CDDB(tm) Music CD Database, Copyright 1999, 2000 CDDB, Inc. CDDB Client Software, Copyright 1999, 2000 CDDB, Inc. CDDB-Enabled, CDDB, CDDB2 and the CDDB Logo are trademarks of CDDB, Inc. Disc Recognition Service and DRS are service marks of CDDB, Inc. Portions based upon Microsoft Windows Media Technologies. ⌐Copyright 1999 Microsoft Corporation. All Rights Reserved. Microsoft Windows Media, and the Windows Logo are registered trademarks of Microsoft Corporation in the United States and/or other countries.
