IMPORTANT - READ CAREFULLY: This Roxio End-User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and Roxio, Inc. ("Roxio"), for the GoBack product, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("PRODUCT"). The PRODUCT also includes any updates and supplements to the original PRODUCT provided to you by Roxio. Any software provided along with the PRODUCT that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the PRODUCT, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the PRODUCT; you may, however, return it to your place of purchase.
SOFTWARE LICENSE
The PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
This Agreement grants you the following rights:
· Installation. You may install and use one copy of the PRODUCT on a single computer, including a workstation, terminal, or other digital electronic device ("COMPUTER").
· Storage or Network Use. You may also store or install a copy of the PRODUCT on a storage device, such as a network server, used only to install or run the PRODUCT on your other COMPUTERS over an internal network; however, you must acquire and dedicate a license for each separate COMPUTER on or from which the PRODUCT is installed, used, accessed, displayed or run. A license for the PRODUCT may not be shared or used concurrently on different COMPUTERS.
· Site License. If you have acquired this Agreement as part of a site license, you may install and use additional copies of the computer software portion of the PRODUCT up to the number of copies specified above as "Licensed Copies."
· Restrictions. All rights not expressly granted herein are reserved by Roxio.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
· Academic Version Software. If the PRODUCT is identified as "Academic Edition" or "AE," you must be a "Qualified Educational User" to use the PRODUCT. If you are not a Qualified Educational User, you have no rights under this Agreement. To determine if you are a Qualified Educational User, please contact Roxio, Inc., 461 South Milpitas Boulevard, Milpitas, California 95035.
· Not for Resale Software. If the PRODUCT is labeled "Not for Resale" or "NFR," then, notwithstanding other sections of this Agreement, your use of the PRODUCT is limited to use for demonstration, test, or evaluation purposes and you may not resell, or otherwise transfer for value, the PRODUCT.
· Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
· Separation of Components. The PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one COMPUTER.
· Limitations on Use. You may not modify, adapt, translate, loan, resell for profit, distribute, network, rent, lease or create derivative works based upon the PRODUCT or any copy, except as expressly provided in Section 1 above.
· Trademarks. This Agreement does not grant you any rights in connection with any trademarks or service marks of Roxio, Inc.
· Termination. This license is effective until January 1, 2045, unless terminated earlier. You may terminate the license at any time by destroying the PRODUCT and all related documentation together with all copies or modifications in any form. Roxio will have the right to terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. Upon any termination, you must destroy all copies of the PRODUCT and all of its component parts and any copies or modifications in any form.
3. UPGRADES.
If the PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Roxio as being eligible for the upgrade in order to use the PRODUCT. A PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this Agreement. If the PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one COMPUTER.
4. COPYRIGHT.
All title and intellectual property rights in and to the PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the PRODUCT), the accompanying printed materials, and any copies of the PRODUCT are owned by Roxio or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content. All rights not expressly granted are reserved by Roxio.
5. LIMITED MEDIA WARRANTY.
Roxio warrants that the media on which the PRODUCT is distributed is free from defects for a period of thirty (30) days from the date of delivery of the PRODUCT to you, the end user. ROXIO DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE PRODUCT OR ACCOMPANYING DOCUMENTATION. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ROXIO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ALL WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTIBILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state.
6. LIMITATION OF LIABILITY.
IN NO EVENT WILL ROXIO BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS, EVEN IF ROXIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some states do not allow the exclusion or limitation of special, incidental or consequential damages, so the above exclusion or limitation may not apply to you.
7. LIMITATION OF REMEDIES.
Roxio's entire liability and your exclusive remedy shall be, at Roxio's option : (a) the replacement of any media not meeting Roxio's limited warranty which is returned by you; or (b) if Roxio or its distributor is unable to deliver replacement media which is free of defects in materials or workmanship, you may terminate this Agreement by returning the PRODUCT, and the purchase price you paid will be refunded. If you have purchased this PRODUCT bundled with a computer hardware or software product, you must return the PRODUCT to the computer hardware or software manufacturer. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES ROXIO WILL PROVIDE FOR BREACH OF WARRANTY.
8. CONFIDENTIALITY.
You agree to maintain the PRODUCT in confidence and that you will not disclose the PRODUCT to any third party without the express written consent of Roxio. You further agree to take all reasonable precautions to preclude access of unauthorized persons to the PRODUCT.
9. INDEMNITY.
You agree that Roxio shall have no liability whatsoever for any use you make of the PRODUCT. You shall indemnify and hold harmless Roxio from any third party claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from your use of the PRODUCT as well as from your failure to comply with any term of this Agreement.
10. BACKUP COPY.
After installation of one copy of the PRODUCT pursuant to this Agreement, you may keep the original media on which the PRODUCT was provided by Roxio solely for backup or archival purposes. If the original media is required to use the PRODUCT on the COMPUTER, you may make one copy of the PRODUCT solely for backup or archival purposes. Except as expressly provided in this Agreement, you may not otherwise make copies of the PRODUCT or the printed materials accompanying the PRODUCT.
11. U.S. GOVERNMENT RESTRICTED RIGHTS.
The PRODUCT and 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. The manufacturer is Roxio, Inc., 461 S. Milpitas Blvd., Milpitas, California 95035.
12. EXPORT RESTRICTIONS.
You acknowledge that the laws and regulations of the United States and other countries may restrict the export and re-export of the PRODUCT. You agree that you will not export or re-export the PRODUCT or documentation in any form in violation of applicable United States and foreign law.
Export of any information from the Roxio web site outside of the United States is subject to all U.S. export control laws. You will abide by such laws and also to the provision of the U.S. Export-Re-export Requirements and Enhanced Proliferation Control Initiative set forth here. You and your organization will not sell, license, or otherwise provide or ship Roxio products or technical data (or the direct product thereof) for export or re-export to the embargoed countries listed below:
Cuba, Iran, Iraq, Libya, North Korea, Syria, Sudan, and the Republic of Serbia
You also agree that unless you receive prior authorization from the U.S. Department of Commerce, you shall not transfer, export or re-export, directly or indirectly, any Roxio technology or software (or the direct product of such technology or software or any part thereof, or any process or service which is the direct product of such technology or software) to any of the following nations or nationals thereof:
Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, Cuba, Estonia, Georgia, Iran, Iraq, Kazakhstan, Kyrgystan, Laos, Latvia, Libya, Lithuania, Moldova, Mongolia, North Korea, People's Republic of China, Republic of Serbia, Romania, Russia, Sudan, Syria, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and Vietnam.
You agree not to transfer, export or re-export Roxio products, technology or software to your customers or any intermediate entity in the chain of supply if our products will be used in the design, development, production, stockpiling or use of missiles, chemical or biological weapons or for nuclear end uses without obtaining prior authorization from the U.S. Government.
13. MISCELLANEOUS
This Agreement is governed by the laws of the State of California.
Should you have any questions concerning this Agreement, or if you desire to contact Roxio, please write: Roxio Legal Department, 461 S. Milpitas Blvd., Milpitas, California 95035.
