PLEASE READ THIS LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THIS SOFTWARE AND ANY ACCOMPANYING CONTENT AND DOCUMENTATION (“SOFTWARE”). BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.
Single User License. Subject to the terms and conditions of this Agreement, INRADIO, Inc. and its licensors (collectively, “INRADIO”) grant to you a non-exclusive, non-transferable license to use the Software solely in object code form and integrated with the imp and solely for the purpose of authorized connection to and use of the INRADIO service.
Limitations. Except as otherwise expressly provided in this Agreement, you have no right, and you specifically agree not to, and not to permit third parties to: (a) modify, adapt, change, enhance or create derivative works based upon the Software; (b) copy, or otherwise reproduce the Software in whole or in part; (c) decompile, translate, reverse engineer, disassemble or otherwise reduce the Software to human-readable form; (d) extract or otherwise disaggregate the Software from the imp software within which the Software is integrated; (e) use the Software for any purpose for which you are not licensed; or (f) remove, modify or otherwise tamper with any notice or legend on any labeling on any physical media containing the Software. Your rights in the Software will be limited to those expressly granted herein.
Use of the Software. You understand that the Software, and any digital media products purchased through the Software, is provided solely for your personal, non-commercial use and includes a security framework using technology that protects digital information and limits your access to and usage of such products according to certain usage rules established by InRadio and its licensors ("Content Usage Rules"). You agree to comply with such Content Usage Rules, as outlined in this agreement, and you agree not to violate or attempt to violate any authentication or security measures on the Software or any software or network connected to the Software. You will not access or attempt to access, copy or monitor any portion of the Software, the network or any content thereof, including but not limited to all text, graphics, photographs, trademarks, logos, music, videos, movies, games, sounds, user interfaces, visual interfaces, artwork, computer code and all other related content ("Content"), or in any way reproduce or circumvent the navigational structure or presentation of the Software, the network, or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Software or a User Account that you do not have authorization to access by any means whatsoever.
Notwithstanding any other provision of this Agreement, InRadio and its licensors reserve the right to change, remove, suspend or disable access to any products, Content or other materials comprising a part of the network and/or Software at any time without notice. InRadio will not be liable for the removal of or disabling of access to any such products, Content or materials under this agreement, in any event. InRadio may also impose limits on the use of or access to certain features or portions of the network and/or Software without notice or liability in any case.
InRadio reserves the right, at any time, to update, revise, supplement or otherwise modify this agreement and to impose new or additional rules, policies, terms or conditions on your use of the network and Software. InRadio’s licensors reserve the right at any time to impose new or additional rules, policies, terms or condition on your use of the Content. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions will be effective immediately and incorporated into this agreement. It is your responsibility to check this agreement periodically to stay informed of any changes. If you do not agree with (or cannot comply with) this Agreement as amended, your only remedy is to discontinue your use of the network and the Software. Your continued use of the network and the Software will be deemed to constitute your acceptance of any and all modifications. All modifications are hereby incorporated into this Agreement by this reference. You may also be subject to additional terms and conditions that may apply when you use affiliated services, third party content or third party software.
Upgrades and Additional Copies. For purposes of this Agreement, “Software” shall also include any upgrades, updates, bug fixes or modified versions (“Upgrades”) provided to you by INRADIO or an authorized distributor, along with any backup copies of the Software. Notwithstanding the foregoing, you acknowledge and agree that INRADIO and its affiliates shall have no obligation to provide any Upgrades. Failure to accept and subsequent installation of such programming fixes, updates and Upgrades, however, may affect your ability to use the imp software and the Software.
Third Party Software. Certain components of the Software may incorporate third party software. Such third party software is subject to any additional terms and conditions of such third party license in addition to the terms and conditions of this Agreement. This Agreement is subject to INRADIO’s agreements with third party regarding such third party software and the restrictions of such agreements are incorporated into this Agreement.
No Support. Neither INRADIO nor any of its suppliers are required to provide technical support for this Software.
Disclaimer of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INRADIO PROVIDES THE SOFTWARE AND THE CONTENT “AS IS” WITHOUT WARRANTY OF ANY KIND. INRADIO DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE OR THAT YOU WILL BE ABLE TO OPERATE THE SOFTWARE WITHOUT PROBLEMS OR INTERRUPTIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INRADIO AND ITS SUPPLIERS AND AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
Limitation of Liability. IN NO EVENT WILL INRADIO OR ITS SUPPLIERS, LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF INRADIO OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL INRADIO’S OR ITS SUPPLIERS’, LICENSORS’ OR AFFILIATES’ TOTAL LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE PRICE PAID BY YOU. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Proprietary Rights. You acknowledge that the Software is the proprietary/confidential information of INRADIO or the distributor and any unauthorized disclosure to a third party constitutes a material breach of this Agreement. The Software and the Content, including all intellectual property rights therein, is and will remain the sole and exclusive property of INRADIO or its affiliates and/or suppliers.
Term and Termination. This Agreement is effective until terminated. Your license rights under this Agreement will terminate immediately without notice from INRADIO if you fail to comply with any provision of this Agreement. Upon termination, you must destroy all copies of Software and certify such destruction in writing to INRADIO or its authorized distributor.
Compliance With Law. Each party agrees to comply with all applicable laws, rules and regulations in connection with its activities under this Agreement. Without limiting the foregoing, you acknowledge and agree that the Software, including technical data, is subject to United States export control laws, including the United States Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. You agree to comply strictly with all such regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, or import the Software.
Restricted Rights. The Software under this Agreement is commercial computer software as that term is described in 48 C.F.R. 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal Acquisition Regulations ("FAR") and its successors. If acquired by or on behalf of any agency within the Department of Defense ("DOD"), the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement ("DFAR") and its successors.
Age Requirement: You must be at least 18 years of age to agree to and enter into this Agreement. If you are under 18 years of age but at least 13 years of age, you must present this Agreement to your parent or legal guardian for their review of this agreement in order for them to enter into this agreement on your behalf.
General. This Agreement will bind and inure to the benefit of each party’s successors and assigns, provided that you may not assign or transfer this Agreement, in whole or in part, without INRADIO’s prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. No failure of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of such rights. If any portion hereof is found to be void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding and replacing any and all prior agreements, communications, and understandings (both written and oral) regarding such subject matter.