Radio2MP3 distribution permissions and end-user license agreement
Please read this End User License Agreement ("Agreement") carefully before proceeding. This Agreement licenses software to you, either an individual or single entity, (the "you", "your" or "End User") from Radio2MP3. ("Radio2MP3") and contains warranty and liability disclaimers. By installing, copying or otherwise using the Radio2MP3 and Licensed Content, you are confirming that you have read and understand this Agreement and agree to be bound by the terms of this Agreement. If you do not agree with the terms of this Agreement, you should not install or use the Radio2MP3 or Licensed Content.
1. License and Online Services.
Subject to all of the terms of this Agreement, Radio2MP3 grants to you a limited, non-exclusive, personal, non sub-licensable, non-assignable license to: (i) install and use the Radio2MP3 on a single computer; (ii) use the Radio2MP3 to access Online Services or publish User Content to Online Services, alone or in combination with Licensed Content; and (iii) make one (1) copy of the Radio2MP3 in machine-readable form solely for backup and archival purposes; provided you reproduce on any such copy all copyright notices and any other proprietary legends found on the original. Radio2MP3 expressly reserves any and all rights in and to the Radio2MP3, the Online Services and Licensed Content not specifically granted to you herein. The license in this Agreement is effective until terminated. Without prejudice to any other rights that Radio2MP3 may have, this Agreement will terminate automatically without further notice if you fail to comply with any of the provisions of this Agreement. Upon termination, you shall destroy all copies of the Radio2MP3 and Licensed Content including any partial copies thereof.
(a) You may not make or distribute copies of the Radio2MP3, or electronically transfer the Radio2MP3 from one computer to another or over a network, other than with as permitted in Section 2, above. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Radio2MP3 or Licensed Content to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not modify, sell, rent, lend, lease, transfer, resell for profit, distribute or create derivative works based upon the Radio2MP3, the Licensed Content or any part thereof. Furthermore, you are not allowed to post or otherwise make the Licensed Content available on the World Wide Web other than as expressly stated herein. You may not export or re-export, directly or indirectly, the Radio2MP3 into any country prohibited by the United States Export Administration Act and the regulations thereunder, which currently include, but not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria. You must not remove or alter any copyright notices of the Radio2MP3. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.
(c) Without limiting your other obligations herein, with respect to your use of any musical compositions or sound recordings ("Musical Works") which are licensed solely in connection with your personal and non-commercial use of the Radio2MP3 and/or Licensed Content, you agree that you will not: (i) Edit or make reproductions of such Musical Works other than as embodied in audio-visual creations using the Radio2MP3 or other personal and non-commercial download and playback technology or service as may be licensed by Radio2MP3 and stored by you only on your computer or a computer under the control of Radio2MP3, with User Content in any format or on any platform now known or hereafter developed, and including, without limitation, compact disc, CD-ROM, CD-Plus, Enhanced CD, DVD videodisc, and digital videodisc and web pages for your personal and non-commercial use in perpetuity; (ii) Use any lyric or sheet music of the Musical Works displayed in conjunction with any User Content; or (iii) Create any implication that Radio2MP3, or any artist or songwriter endorses you. Radio2MP3 reserves the right to replace or remove Musical Works available in updates to the Radio2MP3, as well as Musical Works available through any Online Services such as "share with a friend" as may be offered by Radio2MP3.
(d) Radio2MP3 undertakes no obligation to review or screen any User Content, however, with respect to any User Content uploaded to a website owned or controlled by Radio2MP3 or via the Online Services, Radio2MP3 reserves the right hereunder, and pursuant to its terms of service, to (i) remove any User Content that Radio2MP3 reasonably believes may infringe upon or violate the intellectual property, privacy, publicity or other rights of third parties or be defamatory, obscene, slanderous, or otherwise illegal and/or (ii) terminate your right to upload any User Content.
(e) You agree that by using Radio2MP3, you are: (i) agreeing to all terms of service, privacy policies, and other policies of said service, whether or not you have explicitly acknowledged those policies in the Radio2MP3, the Radio2MP3 website or the Online Services; (ii) explicitly granting to Radio2MP3, its affiliates and/or the provider of said service a royalty free, non-exclusive license throughout the universe to display, publicly perform, manufacture, distribute and/or sell, any and all User Content uploaded via the Online Service for the purpose of creating a Custom Radio2MP3 Product for yourself or third parties or to otherwise uploaded or published to the Online Service; (iii) explicitly granting Radio2MP3, its affiliates and/or the provider of the Online Services the right to change, edit or otherwise revise the User Content at their sole discretion when creating and/or manufacturing the Custom Radio2MP3 Product; and (iv) warranting that you own or control all necessary rights to the User Content and that your use of the User Content does not violate any law, regulation or other parties` rights. Radio2MP3 makes no representations or warranties concerning the performance, effectiveness, suitability, availability or any other aspect of any Online Service. Radio2MP3 reserves the right to substitute or remove access to any Online Service, at any time and for any reason.
3. Ownership and Copyright.
The Radio2MP3 is copyrighted by, proprietary to and a trade secret of Radio2MP3, Inc. Radio2MP3, Inc. retains the title, ownership and intellectual property rights in and to the Radio2MP3 and all subsequent, updates, upgrades or copies thereof regardless of the form or media. Furthermore, the Radio2MP3 is protected by all applicable copyright or other intellectual property laws and treaties throughout the world. This License is not a sale of the Radio2MP3 or Licensed Content. Radio2MP3 and its suppliers reserve all rights not specifically granted in this Agreement, including federal and international Copyrights.
4. Disclaimer of warranties and of technical support
YOU ACCEPT ALL RISKS THAT MAY ARISE FROM THE DOWNLOADING OF THE RADIO2MP3, THE LICENSED CONTENT OR THE USE OF THE ONLINE SERVICES, INCLUDING BUT NOT LIMITED TO ERRORS IN TRANSMISSION OR CORRUPTION OF EXISTING DATA OR SOFTWARE. RADIO2MP3 EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE RADIO2MP3, THE LICENSED CONTENT OR THE ONLINE SERVICE. THE RADIO2MP3 AND LICENSE CONTENT IS PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT ANY TECHNICAL SUPPORT OR WARRANTY OF ANY KIND FROM RADIO2MP3 WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, A WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE RADIO2MP3, LICENSED CONTENT AND ONLINE SERVICES REMAINS WITH YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE. Your sole and exclusive remedy in the event the Radio2MP3, Licensed Content or Online Service fails to function, or in the event of any other breach of this agreement by Radio2MP3, is to terminate this agreement and cease all use of the Radio2MP3. Some states do not allow the exclusion of implied warranties or limitations of how long an implied warranty may last, so the above exclusion may not apply to you. You may also have other rights that may vary from state to state.
5. Limitation of damages
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER RADIO2MP3 NOR ITS AFFILIATES, LICENSEES OR SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF RADIO2MP3 OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN ADDITION, IN THE EVENT YOU USE THE ONLINE SERVICES TO PUBLISH AND/OR CREATE A CUSTOM RADIO2MP3 PRODUCT OR ALLOW OTHERS TO DO SAME, YOU HEREBY WAIVE AND AGREE NEVER TO ASSERT ANY AND ALL MORAL RIGHTS YOU MAY HAVE IN OR TO THE CUSTOM RADIO2MP3 PRODUCT. (b) The warranty disclaimer, exclusive remedies and limitation of liability set forth in this Agreement are fundamental elements of the basis of the bargain between Radio2MP3 and you. You agree that Radio2MP3 would not be able to provide the Radio2MP3 on an economic basis without such limitations.
By downloading, you acknowledge that the laws and regulations of the United States restrict the export and re-export of the Radio2MP3. Further, you agree that you will not export or re-export the Radio2MP3 or media in any form without the appropriate United States and foreign government approval (see below for the details on Export Compliance Requirements.
7. Government end users (USA only)
RESTRICTED RIGHTS LEGEND The Radio2MP3 is "Restricted Computer Software." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer is Radio2MP3.
8. Third Party Software.
Parties other than Radio2MP3 provide may provide services or distribute and sell products through the Online Services. In addition, Radio2MP3 may provide links to the sites of affiliated companies and certain other businesses. Radio2MP3 is not responsible for examining or evaluating, and Radio2MP3 does not warrant the offerings of, any of these businesses or individuals or the content of their websites. Radio2MP3 does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that Radio2MP3 does not guarantee that any software downloaded through the Online Service will be free of viruses, worms, or Trojan horses or other forms of corruptive code. Radio2MP3 makes no representations or warranties concerning the performance, effectiveness or any other aspect of any third-party software downloaded through the Online Service. In no event shall Radio2MP3 (including its officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Online Service.
This Agreement shall be governed by the internal laws of the State of New Jersey without regard to its conflict of law provisions. Any disputes arising under or related in any way to this Agreement shall be heard exclusively in Trenton, New Jersey. The parties hereby consent to jurisdiction over them in any state or federal court located in Trenton, New Jersey and waive any claim or defense that such forum is not convenient or proper. This agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. If a court of competent jurisdiction holds any part of this Agreement invalid or unenforceable, the remainder of the Agreement shall be interpreted so as to reasonably affect the intention of the parties. All questions concerning this Agreement shall be directed to: Radio2MP3, c/o Progressive Connections, Inc., 337 Bender Ave., Roselle Park, NJ 07204
This Software Distribution Agreement (hereinafter referred to as "AGREEMENT") is a legal AGREEMENT between you, and Radio2MP3 (hereinafter referred to as "AUTHOR") for distributing the computer software program entitled Radio2MP3 (internet radio recorder) Trial/Shareware Version (hereinafter referred to as "SOFTWARE").
This AGREEMENT describes the terms and conditions by which AUTHOR will license other parties to distribute the SOFTWARE which is intended solely for distribution as SHAREWARE. No use, distribution or reproduction of the SOFTWARE or copies of the SOFTWARE is authorised except in compliance with the terms and conditions herein. Distribution of the SOFTWARE in accordance with the provisions of this Software Licence Agreement is encouraged.
You should carefully read the following terms and conditions before distributing this SOFTWARE. Unless you have a different licence AGREEMENT signed by AUTHOR, your use of this SOFTWARE indicated your acceptance of this licence AGREEMENT.
By copying or distributing this SOFTWARE, you agree to be bound by the terms and conditions of this AGREEMENT as well as those of the "Software Licence Agreement".
As stated, the SOFTWARE is marketed as SHAREWARE. As it seems that there is a bit of confusion between freeware, shareware and public domain, the following attempts to define this terms in a way most software publishers understand them to be.
Definition of Shareware
Shareware distribution gives users a chance to try software before buying it. If you try a Shareware program and continue using it, you are required to register it (or purchase the Licensed version).
Copyright laws apply to both Shareware and retail software, and the copyright holder retains all rights, with a few specific exceptions as stated below. Shareware authors are accomplished programmers, just like retail authors, and the programs are of comparable quality. (In both cases, there are good programs and bad ones!) The main difference is in the method of distribution. The author specifically grants the right to copy and distribute the software, either to all and sundry or to a specific group. For example, some authors require written permission before a commercial disk vendor may copy their Shareware.
Shareware is a distribution method, not a type of software. You should find software that suits your needs and pocketbook, whether it`s retail or Shareware. The Shareware system makes fitting your needs easier, because you can try before you buy. And, because the overhead is lower, prices are lower also. Shareware has the ultimate money-back guarantee - if you do not use the product, you do not pay for it.
Definition of Freeware
Freeware distribution gives users a chance to try software and continue to use it for no payment at all or just for some acknowledgement (a thank you note, a postcard, some suggestions, comments, etc.).
Copyright laws apply to both Freeware and retail software, and the copyright holder retains all rights, with a few specific exceptions as stated below. Freeware authors are generally accomplished programmers, just like retail/shareware authors, and the programs are of comparable quality. (In both cases, there are good programs and bad ones!) The main differences is in the method of distribution and the fact that there is no charge for using the software. The author specifically grants the right to copy and distribute the software, either to all and sundry or to a specific group. For example, some authors require written permission before a commercial disk vendor may copy their Freeware.
Definition of Public Domain
Public domain is a bit different from the above two. Generally the source code for the software is included and the author specifically grants you the rights to copy and distribute the software. In addition you can modify the software or include the modified code in your own programs (non commercial usually) for an acknowledgement.
The copyright holder retains all rights to the original code, but the modified code belongs to the new copyright holder. As this depends on author, you should read the specific instructions issued with the respective software.
GENERAL TERMS AND CONDITIONS
• AUTHOR shall be credited as the owner of the SOFTWARE in all distribution of the SOFTWARE. AUTHOR is the exclusive world-wide licenser of the SOFTWARE, and the copyrights and other proprietary rights therein. The SOFTWARE is intended solely for distribution as SHAREWARE (i.e., try-before-you-buy software); it is not public domain or free software or freeware.
• The SOFTWARE shall be identified by name and shall be identified as SHAREWARE in all distribution.
• You may copy and/or distribute the SOFTWARE only in its original, unaltered form, with all files included unmodified, and without making any additions, modifications or deletions except as provided in this paragraph. You may not modify the SOFTWARE or any of its files, and the SOFTWARE must be distributed as a complete package. You may not change, delete, merge or rename any files or elements of the SOFTWARE in any manner, and you may not add any files or new elements (except for installation routines which do not interfere with the proper operation or installation of the SOFTWARE).
• Since the SOFTWARE is intended for distribution only as SHAREWARE, you shall not charge any fee or other compensation for the SOFTWARE, although you may charge a distribution fee for costs associated with distributing the SOFTWARE. You are permitted, and encouraged, to make and distribute copies of the SOFTWARE to your friends, family members and co-workers for your and their private non-commercial use, in compliance with the terms and conditions hereof.
• You recognize that your right to distribute the SOFTWARE is nonexclusive and that AUTHOR can terminate the license granted to you at any time for any reason upon notice. AUTHOR reserves the right to withhold or withdraw permission to distribute the SOFTWARE from anyone at any time for any reason. The other provisions hereof shall survive any expiration or termination of this AGREEMENT.
• You shall take reasonable steps to ensure that the SOFTWARE and any other software, documentation and other materials distributed with the SOFTWARE are free from viruses.
• You may not use, copy, modify, distribute or transfer the SOFTWARE or any element thereof in whole or in part, except as expressly provided for herein.
• You may not rent or lease the SOFTWARE to anyone.
• AUTHOR reserves the right to update the contents of the SOFTWARE and its associated files, documentation and/or other elements, at its discretion from time to time, without the consent of, or any obligation to, any licensed users or distributors.
• You will hold AUTHOR, family members, distributors, licensees, sub-licensees and lawyers harmless from and against any and all claims, actions, damages, losses, liabilities, costs and expenses arising directly or indirectly from your acts and omissions in copying and distributing the SOFTWARE.
• If any provision of this AGREEMENT is held to be void, invalid or unenforceable, it will not affect the validity of the balance of this AGREEMENT, which shall remain valid and enforceable according to its terms and conditions.
• This agreement shall be governed by the laws of the United Kingdom.
SPECIAL TERMS AND CONDITIONS
• Distribution by BBS, on-line Services, FTP, FSP, News, WWW, Satellite, Other File Transfer Protocols: The SOFTWARE and associated files may be copied, used and posted without charge and permission as long as the "General Terms and Conditions" set forth above are complied with.
• Distribution on Floppy Disk / CD-ROM / DVD / Other Disk Types in a non-retail environment: The SOFTWARE and associated files may be copied, and used and posted without charge and permission as long as the "General Terms and Conditions" set forth above are complied with.
• Distribution on Floppy Disk / CD-ROM / DVD / Other Disk Types by Anonymous access FTP/WWW Shareware Archives.) The SOFTWARE and associated files may be copied, used and posted without charge and permission as long as the "General Terms and Conditions" set forth above are complied with.
• Distribution on Magazine Companion Disk / CD-ROM / Other Disk Types: The program and associated files may be copied, used and posted without charge and permission as long as the "General Terms and Conditions" set forth above are complied with. I would greatly appreciate if you would inform me about any review(s) you write about the SOFTWARE. Thanks.
• Distribution in a Retail Environment, Book Companion Disk / CD-ROM / Other Disk Types (Book): You may not distribute the program without obtaining explicit permission from AUTHOR.
• Other (e.g. Retail not covered above) CD-ROM Shareware Distribution: You may not distribute the program without obtaining explicit permission from AUTHOR.
• Internet Providers Disk / CD-ROM / Demo Disks / Connection Kits / etc.: You may distribute this SOFTWARE on your disk/CD only as bundled shareware with other programs without charge and permission as long as the "General Terms and Conditions" set forth above are complied with. If you intent to provide the program for your own diagnostic purposes then you may not distribute the program without obtaining explicit permission from the AUTHOR.
• Software/Hardware Manufacturers & Suppliers: You may not distribute the program pre-installed or otherwise on the machines you manufacture/distribute/etc. or bundled with your own products without obtaining explicit permission from AUTHOR.
• Other Type of Distribution: Please contact AUTHOR for details.
BY DISTRIBUTING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THIS AGREEMENT`S TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN AND ANY OTHER COMMUNICATION BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.