Chip 2001 November/Chip Kasım 2001.iso/prog/basic/napster/setup.exe/Main/license.txt

Text File | 2001-07-23 | 9.7 KB | 167 lines

     NAPSTER, INC. END-USER SOFTWARE LICENSE AGREEMENT

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE
USING THE SOFTWARE WHICH CAN BE DOWNLOADED FROM THE NAPSTER WEBSITE,
ALONG WITH ANY ACCOMPANYING DOCUMENTATION (THE SOFTWARE AND ITS
DOCUMENTATION WILL 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, THEN
NAPSTER IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, AND 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 ARE NOT AUTHORIZED AND MAY
NOT USE THE SOFTWARE.

1.  SINGLE COPY SOFTWARE LICENSE.  The SOFTWARE 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; or (d) transfer the SOFTWARE to another person.
You agree to prevent any copying of the SOFTWARE that you download for
your use from the Napster web site.

You acknowledge that Napster may from time to time issue upgraded
versions of the SOFTWARE, and may automatically electronically upgrade
the version of the SOFTWARE that you are using on your computer.  You
consent to such automatic upgrading, and agree that the terms and
conditions of this Agreement (as may be amended from time to time by
notices posted on Napster's web site) will apply to all such upgraded
versions.

2.  USE OF THE NAPSTER SOFTWARE AND NAPSTER SERVICE.  The SOFTWARE is an
integrated browser and communications system provided by Napster, Inc.,
to enable musicians and music fans to locate bands and music available
in the MP3 and WMA music formats.  The MP3 and WMA files that you locate
using Napster are not stored on Napster's servers.  Napster users decide
what content to make available to others using the Napster browser, and
what content to download.

Napster respects the prerogatives of copyright owners to control
commercial uses of their material, and expects our users to do the same.
Users are responsible for complying with all federal and state laws
applicable to the content Napster makes available, including copyright
laws.  Unauthorized copying, distribution, modification, public display,
or public performance of copyrighted works may be an infringement of the
copyright holders' rights in certain circumstances.

Napster users should be aware that some MP3 and WMA files may have been
created or distributed without the authorization of the copyright owner
or as authorized by law.  As a condition to the license to use the
SOFTWARE and to your account with Napster, you agree that you will not
use the Napster service to infringe the copyrights or other intellectual
property rights of others in any way.  Napster reserves the right to
terminate the account of a user and to block use of the Napster service
permanently in appropriate circumstances upon any single infringement of
the rights of others in conjunction with use of the Napster service; or
for those users identified as repeat infringers; or if Napster believes
the user's conduct is harmful to the interests of Napster, its
affiliates, or other users; or for any other reason in Napster's sole
discretion, with or without cause.  Without limiting the generality of
the foregoing sentence, Napster will terminate the account of any user
who it determines has engaged in intentional obfuscation (including as
shown by repeated instances of obfuscation, encoding, etc.) of file
names or who repeatedly engages in posting in Napster forums methods to
bypass Napster's mechanism for excluding from the Napster index file
names identified as containing unauthorized materials.

For the purpose of correctly identifying files that you wish to share,
Napster may examine those files and tag them with additional identifying
information.  You agree to the access necessary for this or a similar
procedure.  You also agree to comply with all of the notices, terms and
conditions posted on the Napster web site, including but not limited to
the Terms of Use and the Napster Copyright Policy posted thereon.

As a condition to your use of the Napster service and browser, you agree
that you will not (i) use the Napster browser or service, or attempt to
penetrate, modify or manipulate the Napster browser or service or any of
the hardware or software thereof, in order to invade the privacy of,
obtain the identity of, or obtain any personal information about
(including but not limited to IP addresses of) any Napster account
holder or user, or to modify, erase or damage any information contained
on the computer of any user connected to the Napster service, or (ii)
reverse engineer any portion of the Napster service.

3.  OWNERSHIP.  The SOFTWARE 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.

4.  TERMINATION OF THIS LICENSE.  Napster, Inc. may terminate this
license at any time if you are in breach of any of these terms and
conditions of use.  Upon such termination you must and agree to
immediately destroy all copies of the SOFTWARE.

5.  DISCLAIMER.  THE SOFTWARE IS PROVIDED "AS-IS."  NAPSTER, INC. MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE SOFTWARE OR ITS OPERATION.  TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE  LAW, NAPSTER, INC.  DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES
OF 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.  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 the SOFTWARE at any time without notice.

6.  LIMITATION ON 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 THE
SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION
HANDLING SYSTEM OR OTHERWISE, EVEN IF NAPSTER, INC. HAS BEEN EXPRESSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.  GOVERNMENT END USERS.  If this SOFTWARE is being acquired on behalf
of the United States Government, the following applies.  Use,
duplication, or disclosure by the U.S. Government is subject to
restrictions set forth in this Napster, Inc. End-User Software License
agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a)
(1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995),
FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.  Napster,
Inc., 1475 Veterans Blvd., Redwood City, California 94063.

8.  GOVERNING LAW.  The web site through which this SOFTWARE may be
downloaded is controlled by Napster, Inc. from its facilities in the
United States of America.  Napster, Inc. makes no representations that
the SOFTWARE is appropriate or available for use in other locations.
Those who download this SOFTWARE from other jurisdictions do so at their
own volition and are responsible for compliance with local law.  You may
not use or export this SOFTWARE in violation of U.S. exports laws and
regulations.  This Agreement and any and all claims relating to the
SOFTWARE shall be governed by the laws of the State of California,
U.S.A. without regard to or application of choice of law rules or
principles.

9.  AMENDMENTS.  Napster, Inc. may amend these terms and conditions at
any time by a notice on its web site, which shall be binding upon you;
accordingly, we urge you to visit the Napster web site periodically to
review the then current and effective terms and conditions for use of
the SOFTWARE, as well as the Napster web site and service.  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 superceded by expressly designated
legal notices or terms located within the Napster 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.  THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR
FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS, OR AIR
TRAFFIC CONTROL MACHINES IN WHICH CASE THE FAILURE OF THE SOFTWARE COULD
LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL
DAMAGE.