END USER LICENSE AGREEMENT for BRAVA SOFTWARE INC MUSICMATCH JUKEBOX
IMPORTANT READ CAREFULLY: This Brava Software End-User License Agreement ('END USER LICENSE') is a legal agreement between you (either an individual or a single entity) and Brava Software Corporation for the BravaDJ 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 Agreement, you are not authorized to use the SOFTWARE PRODUCT.
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. Brava Software grants to you the right to use copies of the SOFTWARE PRODUCT only on one personal computer at any given time. You may make copes of the SOFTWARE PRODUCT for backup and archival purposes. You may use the SOFTWARE PRODUCT on a PC different than the one on to which the SOFTWARE PRODUCT was originally downloaded, only if the SOFTWARE PRODUCT is first disabled or de-installed from the original personal computer.
2. RESTRICTIONS.
-- You must maintain all copyright notices on all copies of the SOFTWARE PRODUCT
-- You may not distribute copes of the SOFTWARE PRODUCT to third parties
-- You may not reverse engineer, de-compile 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. TERMINATION. Your rights under this 'END USER LICENSE' terminate upon the termination of your Brava Software operating system 'END USER LICENSE', or without prejudice to any other rights, Brava Software may terminate the 'END USER LICENSE' if you fail to comply with the terms and conditions of this 'END USER LICENSE'. In such event, you must destroy all copies of the SOFTWARE PRODUCT.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT and any copies thereof are owned by Brava Software 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.
5. NO WARRANY. ANY USE OF THE SOFTWARE PRODUCT IS AT YOUR OWN RISK. TO THE MAXIMIUM EXTENT PERMITTED BY APPLICABLE LAW, BRAVA SOFTWARE 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 AND NON-INFRINGEMENT.
7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO SUCH EVEN SHALL BRAVA SOFTWARE OR ITS SUPPLIERS BE LIABILE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMANGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIEARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF BRAVA SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTINOS DO NOT ALLOW THE EXCLUSION OR LIMITAITNO OF LIAIBLITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY. BRAVA SOFTWARE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS 'END USER LICENSE' SHALL NOT EXCEED FIVE DOLLARS (US $5.00)
9. 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 Brava Software for any reason, please contact the Brava Software subsidiary serving your country, or write to Brava Software, 2825 NW Lacamas Drive, Camas, WA 98607.
