Internet MP3 radio recorder Radiotracker distribution permissions and end-user license agreement

End-User License Agreement Software Products: RapidSolution Software AG - Software as delivered, especially without limitation to RADIOTRACKER ("Software") Licensor: RapidSolution Software AG ("RapidSolution") This is a legal agreement between you, the end user, and RapidSolution Software AG, Haid-und-Neu-Str. 7, 76131 Karlsruhe, Germany ("RapidSolution"). By opening the sealed RapidSolution or by agreeing to the integrated Conditions of this End-User License Agreement on data carrier, you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, promptly return the RapidSolution and the accompanying items (including written materials and binders or other containers) to the place you obtained them for a full refund. 1. Grant of license This RapidSolution license agreement (license) permits you to use one copy of the Software acquired with this license on any single computer, provided the Software is in use on only one computer at any time. If you have a multiple license for the Software, you may then have as many copies of the Software as you have licenses, in use at any time. The Software is in use on a computer when it is loaded into the temporary memory or installed into the permanent memory (e.g. hard disk, CD ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not in use. If the anticipated number of users of the Software will exceed the number of applicable licenses, then you must have a reasonable mechanism or process in place to assure that the number of persons using the Software concurrently does not exceed the number of licenses. Should one person use a computer on which the Software is permanently installed, either on the hard disk or other storage device of the computer (other than a network server), for more than 80% of the time it is in use, then that person may also use the Software on a portable or home computer. 2. Copyright The Software is owned by RapidSolution or its suppliers and is protected by copyright laws, international treaty provisions, and other national laws. Therefore, you must treat the Software like any other copyrighted material (e.g. a book) except that if the Software is not copy protected you may either (a) make one copy of the Software solely for backup or archival purposes, (b) or transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. Product manual(s) or written materials accompanying the Software may not be copied. 3. Other restrictions You may not rent or lease the Software, but you may transfer your rights under this RapidSolution license agreement on a permanent basis provided you transfer all copies of the Software and all written materials, and the recipient agrees to the terms of this agreement. You may not reverse engineer, decompile or disassemble the Software. Any transfer must include the most recent update and all prior versions. 4. Warranties RapidSolution warrants that for a period of 90 days from the date of receipt, the Software will perform substantially in accordance with the accompanying documentation. Any implied warranties on the Software are limited to 90 days or the shortest period permitted by applicable law, whichever is greater. RapidSolution`s entire liability and your exclusive remedy for a breach of this warranty shall be, at RapidSolution`s option, either (a) return of the price paid or (b) repair or replacement of the Software that does not meet RapidSolution`s limited warranty and which is returned to RapidSolution with a copy of your receipt. If failure of the Software has resulted from accident, abuse, or misapplication, this limited warranty shall be void. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. RapidSolution MAKES NO OTHER WARRANTIES TO YOU IN CONNECTION WITH THIS LICENSE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 5. No liability for consequential damages In no event shall RapidSolution or its suppliers be liable for any other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use this RapidSolution product, even if RapidSolution has been advised of the possibility of such damages. 6. U.S. Government Restricted Rights Any use of the RapidSolution by the U.S. Government is conditioned upon the Government agreeing that the Software is subject to Restricted Rights as provided under the provisions set forth in subdivision (c)(1)(ii) of Clause 252.227-7013 of the Defense Federal Acquisition Regulations Supplement, or the similar acquisition regulations of other applicable U.S. Government organizations. The Contractor is RapidSolution Software AG, Haid-und-Neu-Str. 7, Germany. 7. Governing Law This Agreement shall be governed exclusively by and be construed in accordance with the laws of Germany, without giving effect to conflict of laws. Any dispute with respect to this Agreement or in connection with the performance or termination thereof, will be brought before the applicable courts in Hannover, Germany, exclusively. Any provision declared invalid shall be modified to the fullest extent possible to reflect the parties` intent as of the Effective Date

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