Virtual Music Jukebox distribution permissions and end-user license agreement

IMPORTANT--: This VIRTUAL MUSIC JUKEBOX End User License Agreement ("END USER LICENSE") is a legal agreement between you and Digital Innovations LLC for the VIRTUAL MUSIC JUKEBOX software program, which includes computer software and associated media, skins and printed materials (if any) and portions of any plug-in associated therewith that contain the intellectual property of DIGITAL INNOVATIONS LLC that you may now or hereafter download, and may include online or electronic documentation ("SOFTWARE PRODUCT"). 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 END USER LICENSE, you are not authorized to use the SOFTWARE PRODUCT and, if you paid money for the SOFTWARE PRODUCT, you should return it to the vendor you bought it from for a refund. Do not return the SOFTWARE PRODUCT to DIGITAL INNOVATIONS LLC unless you bought it directly from DIGITAL INNOVATIONS LLC.

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. DIGITAL INNOVATIONS LLC grants to you the right to copy and use the SOFTWARE PRODUCT on only one computer. If you are an entity, such as a corporation, and not an individual, you must have a separate END USER LICENSE for each individual who uses the SOFTWARE PRODUCT. You may make a reasonable number of copies of the SOFTWARE PRODUCT for backup and archival purposes.

DIGITAL INNOVATIONS LLC may, but is not obligated to, provide you with updates or upgrades to the SOFTWARE PRODUCT ("UPDATES"), for free. Use of any UPDATE is subject to the terms of this END USER LICENSE. By installing, copying or otherwise using any such UPDATE, you agree to be bound by the terms of this END USER LICENSE with respect to such UPDATE.

2. RESTRICTIONS
-- You may not use the SOFTWARE PRODUCT for real-time broadcasting (terrestrial, satellite, cable or other media) or broadcasting via Internet or other networks, including but not limited to intranets, etc., or in pay-audio or audio-on-demand applications.
-- You may not use the SOFTWARE PRODUCT to reproduce copyrighted materials for commercial purposes, unless you have the express, written permission of the owners of those copyrights.
-- You may not use the SOFTWARE PRODUCT to reproduce copyrighted materials which you do not have rights to, unless you have the express, written permission of the owners of those copyrights.
-- You must maintain all copyright notices on all copies of the SOFTWARE PRODUCT.
-- You may not distribute copies of the SOFTWARE PRODUCT to third parties.
-- You may not export the SOFTWARE PRODUCT to any country, entity or person to which export would be illegal.
-- You may not modify, reverse engineer, decompile 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 or destruction of all copies that you have made of the SOFTWARE PRODUCT.
-- You acknowledge and agree that DIGITAL INNOVATIONS LLC or its licensors may provide for SOFTWARE PRODUCT security related updates that may be automatically downloaded and installed on your computer. Such updates may impair the SOFTWARE PRODUCT, including disabling your ability to copy and/or play "secure" content, i.e., content protected by digital rights management. If this happens, DIGITAL INNOVATIONS LLC and its licensors shall use reasonable efforts to post notices on the VIRTUAL MUSIC JUKEBOX website providing instructions to restore access to secure content and related features.

3. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT and any copies thereof are owned by DIGITAL INNOVATIONS LLC 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 and subject to use restrictions thereunder. This END USER LICENSE grants you no rights to use such content.

4. NO WARRANTY. THE SOFTWARE PRODUCT IS LICENSED TO YOU "AS IS" AND ANY USE OF THE SOFTWARE PRODUCT IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGITAL INNOVATINS LLC 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, TITLE AND NON-INFRINGEMENT.

5. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIGITAL INNOVATIONS LLC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) REGARDLESS OF CAUSE OR FORM OF ACTION, INCLUDING CONTRACT, TORT OR NEGLIGENCE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF DIGITAL INNOVATIONS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

6. LIMITATION OF LIABILITY. DIGITAL INNOVATIONS LLC AND ITS SUPPLIERS` ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS END USER LICENSE SHALL NOT EXCEED ONE DOLLAR (US $1.00) OR THE TOTAL AMOUNT YOU PAID FOR THE SOFTWARE PRODUCT, WHICHEVER IS GREATER.

7. Register Version of VIRTUAL MUSIC JUKEBOX. If you purchased the full versions of VIRTUAL MUSIC JUKEBOX, you will be entitled to all future versions of the software, when and as available for release, free of charge. DIGITAL INNOVATIONS LLC is under no obligation to continue producing or releasing new versions of the software.

8. LICENSING. This END USER LICENSE is governed by the laws of the State of Ohio, U.S.A. Any attempt to obtain licenses not issued by Digital Innovations will result in legal action. Should you have any questions concerning this END USER LICENSE, or if you desire to contact DIGITAL INNOVATIONS LLC for any reason, please write to DIGITAL INNOVATIONS LLC, at 4046 Boyer Ridge Drive, Canal Winchester, OH 43068, or by email at info@virtualmusicjukebox.com.


Copyright © 2005 DIGITAL INNOVATIONS LLC
All rights reserved.

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