Radio2MP3 1.0

EULA - 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.
2. Restrictions.
(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.
(b) You understand and agree that the Radio2MP3 may transmit certain information to Radio2Mp3 electronically and automatically. For example, it may transmit diagnostic and related information regarding the performance of the Radio2MP3 and the software and hardware configuration that it is being run on or to Radio2MP3 via the Online Services. Any information received by Radio2Mp3 from this transmission may be used by Radio2MP3 for the purposes of diagnosing, improving, or correcting errors, or notifying you of updates regarding the Radio2MP3, Online Services and Custom Products which may include, for example, providing the Radio2MP3 with a URL for update information and/or files. Notwithstanding the above, in the event you use the "share with a friend" feature or the Online Services, your email address, User Content and other information will be stored on Radio2MP3's servers, and by using this feature you expressly consent to this storage, along with all other Radio2MP3 terms of service and privacy policy.
(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.
6. Export.
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.
9. General.
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