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.
CDDB▓ 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.
NOTE: Some OEM installations of MUSICMATCH may co-exist with a software ôPlug-Inö co-developed with InterTrust Technologies Corporation. If you use this plug-in software, you also agree to the following:
END USER LICENSE AGREEMENT for INTERTRUST TECHNOLOGIES CORPORATION
This SOFTWARE PRODUCT includes software from InterTrust Technologies Corporation ("InterTrust Software"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you acknowledge that you have read and understood the following agreement ("License Agreement"), and agree to be bound by its terms and conditions.
1. License. Subject to the terms and conditions hereof, you are hereby granted a limited, nonexclusive, nonsublicensable right to use the InterTrust Software, as such software has been delivered to you, solely: (i) as an end user or for end users; and (ii) to access and/or otherwise use content or other digital information under the management and/or other governance of such InterTrust Software, including but not limited to performing those limited clearinghouse functions strictly and solely as set forth herein.
2. Restrictions; Prohibited Clearinghouse Use. In addition to those prohibitions contained elsewhere herein, you will not under this License Agreement: (i) remove, alter, cover, obfuscate, and/or otherwise deface any InterTrust trademarks or notices on the InterTrust Software; and/or (ii) modify, alter, decompile, disassemble, reverse engineer or emulate the functionality of (for purposes inconsistent with this License Agreement), reverse compile or otherwise reduce to human readable form, and/or create derivative works of the InterTrust Software without the prior written consent of InterTrust; provided, however, that, notwithstanding anything contained herein to the contrary, InterTrust's authorization, as applicable, shall not be required where reproduction of the InterTrust Software and translation of its form are indispensable in the European Union or Norway to obtain the information necessary to achieve the interoperability of the InterTrust Software with other programs, provided that:
(a) these acts are performed by you or by another person having a right to use a copy of the InterTrust Software, or on their behalf by a person authorized to do so;
(b) the information necessary to achieve interoperability has not previously been readily available to the persons referred to in subparagraph (a); and
(c) these acts are confined solely to the parts of the InterTrust Software which are necessary to achieve interoperability. You further acknowledge and agree that you may not, and shall not, tamper with the InterTrust Software or undertake any activity intended to bypass, modify, defeat or otherwise circumvent (or having the intended effect of facilitating, modifying, or assisting the bypassing, defeating or circumventing of) proper and/or secure operation of the InterTrust Software and/or any mechanisms operatively linked to such software to detect and/or make more difficult attempts to bypass, modify, defeat, or otherwise circumvent the proper and/or secure operation of the InterTrust Software. Except as expressly provided by the License Agreement, no other licenses or rights (including rights to maintenance or updates) are granted, expressly, or by implication or estoppel, now or in the future and all other licenses are reserved. Without limiting
the generality of the foregoing, this License Agreement specifically does not allow you to use, and you agree to not control and direct the InterTrust Software or any portion thereof, or any information derived at least in part from use of such software, to perform any of the following functions (the "Clearinghouse Functions") except those specific, express activities, on your own behalf (and/or on behalf of an entity), directly authorized by, set-up by, and controlled by a provider of clearinghouse function products and/or services acting pursuant to a valid license with InterTrust:
(1) enable payment fulfillment or provision of other consideration (including service fees, product fees or any other fees and/or charges) based at least in part on access and/or other processing of electronic information under any form of management, control, regulation or governance of InterTrust Software, including information conveyed to, associated with, from, or generated by such software;
(2) perform any audit, billing, payment fulfillment (or provision of other consideration) and/or other clearing activities involving more than one person; or
(3) compile, aggregate, use and/or provide information relating to more than one person's use of InterTrust Software and/or any digital information and/or file structures managed, governed and/or regulated thereby, or provide information relating to a person's use of InterTrust Software and/or any digital information and/or file structures managed, governed, and/or regulated thereby to a third person for any commercial purpose.
Clearinghouse Functions shall include, for example, any of the following activities or services: (A) financial clearing; (B) electronically certifying information such as authenticating identity, class membership, or other attributes of identity context; and/or (C) providing and/or deriving information based upon usage auditing, user profiling, and/or market surveying related to more than one person's use of InterTrust Software and/or any digital information managed, governed, and/or regulated thereby, including compiling and/or employing information to support advertising payment or other consideration. You are permitted to pay bills or provide information related to your use of the InterTrust Software and observe and interact with your rights, permissions, and/or records concerning use of content governed by the InterTrust Software, solely to the extent and in the manner provided by your InterTrust Software and authorized, set-up, and controlled by InterTrust.
3. Warranties. THE INTERTRUST SOFTWARE HAS BEEN PROVIDED BY INTERTRUST SOLELY IN THE FORM OF MIDDLEWARE, "AS IS," AND WITHOUT WARRANTY BY INTERTRUST AND/OR ANY OF ITS LICENSORS OF ANY KIND, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, INTERTRUST AND/OR ANY OF ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NONINFRINGEMENT. THERE IS NO WARRANTY THAT THE FUNCTIONS CONTAINED IN THE INTERTRUST SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE. INTERTRUST AND/OR ANY OF ITS LICENSORS DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIS PRODUCT WITH RESPECT TO ITS PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE
A WARRANTY IN ANY WAY WHATSOEVER RELATING TO INTERTRUST AND/OR ANY OF ITS LICENSORS. THE ENTIRE RISK AS TO THE USE, PERFORMANCE AND RESULTS OF THIS PRODUCT IS ASSUMED BY YOU. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME JURISDICTIONS AND THUS, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE TO AND FOR INTERTRUST'S BENEFIT AND THE BENEFIT OF ITS DIRECTORS, EMPLOYEES, LICENSORS, AND AGENTS ("AGENTS") THAT THE INTERTRUST SOFTWARE, AS WITH MOST SOFTWARE, MAY CONTAIN BUGS AND IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE IN WHICH THE FAILURE OF THE APPLICATION SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY OR PHYSICAL OR ENVIRONMENTAL DAMAGE. INTERTRUST AND ITS AGENTS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS SUFFERED AS THE RESULT OF A BREACH OF SECURITY INVOLVING INTERTRUST SOFTWARE, WHETHER OR NOT SUCH BREACH RESULTS FROM THE DELIBERATE, RECKLESS, OR NEGLIGENT ACTS OF ANY PERSON.
UNDER NO CIRCUMSTANCES SHALL INTERTRUST OR ITS AGENTS BE LIABLE FOR ANY UNAUTHORIZED USE OF ANY CONTENT OF ANY PERSON, OR ANY USE OF THE SOFTWARE TO DEVELOP, DISTRIBUTE, OR USE ANY MATERIAL THAT IS DEFAMATORY, SLANDEROUS, LIBELOUS OR OBSCENE, THAT PORTRAYS ANY PERSON IN A FALSE LIGHT, THAT CONSTITUTES AN INVASION OF ANY RIGHT TO PRIVACY OR AN INFRINGEMENT OF ANY RIGHT TO PUBLICITY, THAT GIVES RISE TO ANY BREACH OF CONTRACT INVOLVING ANY THIRD PARTY OR TO ANY BUSINESS TORT OR SIMILAR CLAIM OF A THIRD PARTY OR ANY VIOLATION OF ANY FOREIGN, FEDERAL, STATE OR LOCAL STATUTE OR REGULATION, OR THAT OTHERWISE CAN BE REASONABLY LIKELY TO EXPOSE INTERTRUST OR ITS AGENTS TO CRIMINAL OR CIVIL ACTIONS.
IN NO EVENT WILL INTERTRUST OR ITS AGENTS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF INTERTRUST AND/OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT AS APPLIED IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS WHOLLY PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, INTERTRUST SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT TO EXCEED US$10.
4. U.S. Government Restricted Rights and Export Provisions. The InterTrust Software is "commercial computer software" or "commercial computer software documentation." The United States Government's rights with respect to the InterTrust Software are limited by the terms of this License Agreement, pursuant to FAR º 12.212(a) and/or DFARS º 227.7202-1(a), as applicable. You acknowledge that the InterTrust Software and related technical data are subject to United States export controls imposed under the Export Administration Regulations of the U.S. Department of Commerce and other relevant regulations. You shall not export or "re-export" (transfer) the InterTrust Software unless you have complied with all applicable U.S. export controls. U.S. law prohibits transfer to any person or entity in Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country subject to a U.S. embargo, or to any person or entity who you know or have
reason to believe will transfer the InterTrust Software to those locations. U.S. law also prohibits transfer to a national of any of those countries, or to a person or entity designated by U.S. export regulations as a "Specially Designated National" or other Blocked Person, without the express authorization of the United States Government. For a comprehensive description of all applicable U.S. export controls, you should consult U.S. export regulations.
5. Miscellaneous Provisions. Any and all actions arising out of or in any manner affecting the interpretation of the provisions of this Agreement and/or any action involving the InterTrust Software, whether under this License Agreement or otherwise (collectively, an "InterTrust Software Dispute") shall be governed solely by, and construed solely in accordance with, the laws of the United States of America and Commonwealth of Virginia. As concerns any InterTrust Software Dispute, you hereby unconditionally and irrevocably consent to the exclusive jurisdiction of and venue in, as relevant, the state courts of the Commonwealth of Virginia and the U.S. District Court for the Eastern District of Virginia, located in the City of Alexandria, Virginia (or any direct successors thereto). InterTrust shall be a third party beneficiary with the right to enforce (according to law and venue as provided in this Agreement) those terms of this Agreement that directly concern
InterTrust Software and/or InterTrust Intellectual Property Rights. If for any reason a court of competent jurisdiction finds any provision or portion of this License Agreement to be unenforceable, such provision or portion shall be enforced to the maximum extent permissible consistent with the terms hereof, and the remainder of this License Agreement shall continue in full force and effect. This License Agreement is subject to modification as may be reasonably required to protect InterTrust's rights, for example intellectual property rights, to the fullest extent permitted by applicable law. Except as expressly set forth herein, this License Agreement may not be amended, modified, or supplemented in any manner, except by an instrument in writing signed by an InterTrust Officer. No provision hereof shall be deemed waived (by any act or omission) unless such waiver is in a writing signed by an InterTrust Officer. This License Agreement represents the entire
agreement with respect to the subject matter hereof and supersedes all prior and/or contemporaneous agreements and understandings, written or oral, with respect to the subject matter hereof.
Intellectual Property Notices. Copyright ⌐ 1997-2000 InterTrust Technologies Corporation. All rights reserved. The InterTrust Software and its use may be covered by one or more of the following patents: US 4,827,508, US 4,977,594, US 5,050,213, US 5,410,598, US 5,892,900, US 5,910,987, US 5,915,019, US 5,917,912, US 5,920,861, US 5,943,422, US 5,949,876, US 5,982,891, EP 329681, AT133305, and DE3751678. Additional U.S. and foreign patents are pending. InterTrust and the InterTrust Logo are trademarks in the U.S. and other countries of InterTrust Technologies Corporation, and are used by you under license.
