WINAMP SOFTWARE DISCLOSURES AND END USER LICENSE AGREEMENT
INSTALLATION DISCLOSURES FOR WINAMP SOFTWARE
Winamp® rips CDs, plays your favorite music, and burns CDs. Winamp Remote Powered by Orb Networks, Inc., allows you to listen to the music on your computer across the street or across the world. Winamp also includes AOL® Radio and Shoutcast Radio, which allows you to be your own radio broadcaster and listen to the online broadcasts of other radio broadcasters.
The Winamp installation will install Winamp, Winamp Remote, Winamp Toolbar, the Winamp “Orgler” application and the eMusic® icon and change some settings on your computer. You will have a choice whether to install the software and whether some settings will be changed on your computer. You will also have a choice whether Winamp reports anonymous usage statistics to us, which we use to improve Winamp. When Winamp Remote starts, it will automatically scan your computer for audio files and create a list of those files, which will be used to enable the remote service. This version of Winamp Remote will automatically create a report for Nullsoft, Inc., if the program stops working but you will have an opportunity to decide whether to send it to Nullsoft.
You will need to register with us and obtain a user Identification ("User ID") authorized by us in order to use certain applications or features on Winamp in accordance with the terms described in Section 9 of the Software end User Agreement. Your use of Winamp within any specific country or jurisdiction is entirely at your own risk. You are solely responsible for complying with any local laws in which you access or use Winamp.
SOFTWARE END USER LICENSE AGREEMENT FOR WINAMP SOFTWARE
READ THIS AGREEMENT CAREFULLY. WE ARE WILLING TO LICENSE THE WINAMP SOFTWARE AND APPLICATIONS TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS LICENSE AGREEMENT.
BY CLICKING TO INSTALL OR BY USING OUR SOFTWARE, YOU ARE AGREEING ELECTRONICALLY TO THE TERMS OF THIS AGREEMENT (THE "AGREEMENT" or "LICENSE"). IF YOU DO NOT AGREE TO THIS LICENSE, CLICK "CANCEL" AND DO NOT INSTALL, COPY OR USE THE SOFTWARE.
THE WINAMP SOFTWARE INCLUDES THE FOLLOWING COMPONENTS:
- The Winamp Player
- Winamp Remote Beta powered by Orb Networks, Inc.
Winamp “Orgler” application.
- The Winamp/AOL Toolbar powered by AOL
YOU WILL BE GIVEN THE OPTION OF INSTALLING ADDITIONAL THIRD PARTY OFFERINGS. TO USE SUCH THIRD PARTY OFFERINGS YOU MUST AGREE TO ANY ADDITIONAL TERMS AND CONDITIONS FOR SUCH THIRD PARTY OFFERINGS THAT ARE APPENDED BELOW THE WINAMP PLAYER LICENSE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS FOR SELECTED THIRD PARTY OFFERINGS PLEASE RETURN TO THE DOWNLOAD MANAGER AND UNCHECK ANY THIRD PARTY OFFERINGS CHECKED. CLICKING THE ACCEPTANCE BUTTON BELOW INDICATES YOUR ACCEPTANCE OF THE TERMS OF THE WINAMP PLAYER LICENSE AGREEMENT AND THE TERMS OF THE LICENSE AGREEMENTS FOR ANY THIRD PARTY OFFERINGS YOU HAVE CHECKED OFF IN THE DOWNLOAD MANAGER.
IMPORTANT NOTE: IF YOU OPT TO INSTALL THE EMUSIC PROMOTIONAL ICON, YOU CONSENT TO THE DOWNLOAD AND INSTALLATION OF ONE OR MORE ICONS ON YOUR COMPUTER'S DESKTOP THAT LINK TO INFORMATION ABOUT THE ICONS, SOFTWARE OR EMUSIC SERVICE AND/OR A REGISTRATION PAGE FOR EMUSIC'S INTERNET BASED MUSIC SUBSCRIPTION BASED SERVICE AND/OR OTHERWISE PROVIDE PERIODIC REMINDERS TO YOU IN THE FORM OF "POP-UP" NOTICES ON YOUR COMPUTER'S DESKTOP.
In this Agreement, you are agreeing to the following terms:
1. Winamp License Agreement
2. eMusic Promotional Icon End User License Agreement
4. Winamp Remote Provided by Orb Networks, Inc. Beta Testing Agreement (if you elect to download and test the Winamp Remote application)
5. Supplemental Terms for the Winamp/AOL Toolbar
6. Supplemental Terms for the Winamp”Orgler” Application
WINAMP LICENSE AGREEMENT
a) "Agreement" means this Winamp License Agreement.
b) "Basic Product" means the executable code version of only those features of the Winamp player identified as the features of the free Winamp player at the following URL: http://www.winamp.com/download, the AOL/Winamp Toolbar, Winamp Remote, and any Nullsoft created Skins and Nullsoft Plug-ins distributed by Nullsoft for use with the Product, whether Licensee installs them at the time of installation of the Winamp player or separately from the Winamp.com website. Any feature identified as a feature of the Pro version of the Winamp player either at the above URL or within the Product is not part of the Basic Product.
c) "Documentation" means the help pages hosted on the Winamp.com website, which are accessible through the Winamp Help menus, as well as the skinning information available at http://www.winamp.com/nsdn.
d) "Nullsoft Plug-in" means a plug-in (a small software program that adds a specific capability to another program, such as the Winamp player) owned and offered by Nullsoft as part of the Product download and/or via http://www.winamp.com/download for use with the Product.
e) "Pro Product" means the executable code version of the fully functional Winamp player, including both the Basic Product and all features of the Pro Winamp player identified at the following URL: http://www.winamp.com/download.
f) "Product" means the Basic Product and/or the Pro Product, as applicable to Licensee, all associated software, upgrades, updates, patches, plug-ins, supplemental applications, associated media, Documentation and online service provided by Nullsoft, its affiliates and suppliers.
g) "Skin" means a graphical interface for the Product that changes the look but not the functionality, and includes the text files that define how the skin is built, the scripts that define how it should behave, and the graphics that create the visual look.
h) "Update" means a revision to the Product designated by a change in the version number to the right of the decimal place.
i) "Upgrade" means a revision to the Product designated by a change in the version number to the left of the decimal place.
j) "Winamp/AOL Toolbar" means a software plug-in for an Internet browser powered by AOL that contains a row of icons that activate commands or functions to Winamp and other online applications when clicked.
k) "Winamp Remote" means the beta testing version of the software and services provided by Orb Network, Inc. that is designed to give Licensee access to Licensee’s digital content remotely from a variety of mobile computing devices through the use of the Product.
2. LICENSE GRANT.
a) Basic Product. Subject to Licensee's compliance with the terms and conditions of this Agreement, Nullsoft grants Licensee a free-of-charge, personal, non-exclusive, and non-transferable license to install and use the Basic Product. Nullsoft also grants Licensee permission to create Skins for the Product by modifying the winamp.modern.wal or other included Skin file, in accordance with the Documentation. Licensee may distribute the Skins it creates, but it must rename the file it distributes and may not use the Winamp name or any Winamp file name in the name of the Skin file it distributes.
b) Pro Product. Provided Licensee complies with the terms and conditions of this Agreement and has paid the applicable license fees for the premium features of the Pro Product, Nullsoft grants Licensee a personal, non-exclusive, and non-transferable license to install and use the Pro Product. Upon Nullsoft's receipt of the applicable license fees, a serial number key will be issued to Licensee to unlock the premium features of the Pro Product. Licensee may only access and use such premium features using the serial number key provided to it by Nullsoft.
c) Nullsoft may offer software, features and applications for beta testing (the "Beta Applications."). The Beta Application are provided “AS IS” and may be used for a limited time in order to evaluate and provide feedback about it to Nullsoft. Nullsoft is under no obligation to release a commercial version of each Beta Application. Nullsoft may alter features, licensing terms, or other characteristics of any version of the Beta Applications that it releases. Licensee acknowledges that the Beta Applications are experimental and have not been made available for general release; they may contain errors, bugs, or other problems. Any access, use and testing of Beta Applications is at Licensee’s own risk. Certain Beta Applications are designed to expire or cease working on a date determined solely by Nullsoft, and Nullsoft shall have no liability to Licensee when such applications expire.
d) Winamp is controlled and operated within the United States. Although Winamp is accessible from outside of the United States, Licensee understands and agrees that Winamp (i) is not designed or customized for distribution for any specific country or jurisdiction (“Territory”), (b) is not intended for distribution to, or use by, any person or entity in any Territory where such distribution or use would be contrary to local law or regulation, (c) may not be appropriate or available for access or use in any particular Territory, and (d) is provided without any content filtering or rating mechanism. Nullsoft has no obligation to assure that Winamp complies with applicable local laws and regulations within the Territories in which Licensee elects to use Winamp. Licensee’s use of Winamp within any specific Territory is entirely at Licensee’s own risk. Licensee is solely responsible for complying with any local laws in which Licensee accesses or uses Winamp.
3. RESTRICTIONS ON USE. Licensee may not: (i) modify or create any derivative works of the Product; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to (a) derive the source code, underlying ideas, algorithms, structure or organization of the Product, or (b) defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Product (except to the extent applicable laws specifically prohibit such restriction); (iii) attempt to access or use the premium features of the Pro Product if Licensee has not paid the applicable fees or by any manner or method other than using the key provided by Nullsoft; (iv) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer the Product or rights thereto; (v) use the Product to reproduce, display, perform, or distribute audio and/or video content in any manner that violates any U.S. or foreign laws or regulations or any third party's rights, including copyright, privacy or publicity rights, or other intellectual property right; (vi) use the Product in a timesharing or service bureau arrangement; or (vii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product. The Nullsoft produced Skins that are provided with the Product may only be used with the Product and may not be used with any other media player or other third party product.
Supply of this Product does not convey a license nor imply any right to distribute content created with this Product in revenue-generating broadcast systems (terrestrial, satellite, cable and/or other distribution channels), revenue-generating streaming applications (via Internet, intranets and/or other networks), other revenue-generating content distribution systems (pay-audio or audio-on-demand applications and the like) or on commercially distributed physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards and the like). An independent license for such use is required. For details, please visit http://mp3licensing.com.
4. NEED FOR CONTENT LICENSES. This license provides no rights with respect to any musical compositions, sound recordings, video recordings, or other audio and/or video materials ("Content") that may be reproduced, encoded, distributed, transmitted, performed, or otherwise used in connection with the Product. Licensee alone is responsible for ensuring that any Content is properly used in accordance with applicable laws and the rights of any third party with respect to such Content.
a) Basic Product. If Licensee is using the Basic Product, Licensee will have access to community forums, FAQs, and other online self help services, but will not be entitled to receive from Nullsoft any technical support or telephone assistance. Use of community forums and other online service are subject to additional terms.
b) Pro Product. If Licensee is using the Pro Product, in addition to the self help services available, Licensee shall be entitled to reasonable telephone and email customer support during normal business hours for thirty (30) days commencing on the date Licensee receives the Pro Product key. No customer support is provided for Updates or Upgrades received pursuant to this Agreement.
6. FEES. There is no license fee for the Basic Product. A license fee is required in order to receive a key to access the premium features of the Pro Product. Fee information is available at: http://www.winamp.com/download.
7. UPGRADES AND UPDATES.
a) Basic Product. This license does not entitle Licensee to Updates or Upgrades to the Basic Product. In order to receive an Update or Upgrade to the Basic Product, Licensee must agree to the then current license agreement and download the Update or Upgrade from http://www.winamp.com/download.
b) Pro Product. This license does not entitle Licensees of the Pro Product to Updates or Upgrades to the Pro Product. If Updates or Upgrades to the Pro Product are made available, they will be available from http://www.winamp.com/download and will be subject to Nullsoft's then current license agreement and payment of additional license fees, if any.
8. LICENSEE REPRESENTATIONS. Licensee represents and warrants that it has the legal capacity to enter into this Agreement, that it will use the Product only for lawful purposes and in accordance with this Agreement, and that it will not use the Product to violate any law, regulation or ordinance or any right of Nullsoft or its licensors or any third party, including without limitation, any right of privacy, publicity, copyright, trademark, or patent. Licensee further represents and warrants that Licensee has adequate legal capacity to enter into binding agreements such as this Agreement.
9. REGISTRATION; ONLINE SERVICES. Nullsoft, its affiliates and suppliers may provide online services for use with the Product. Nullsoft may change or cancel those services at any time. In order to use these interactive services, Licensee will need to register and obtain log-in credentials, such as a User ID. Licensee must provide accurate identification, contact, and other information required as part of the registration process. Licensee to keep such information current. Licensee may not create any script or other automated tool that attempts to create multiple developer accounts. We may in our sole discretion reject any registration for any reason. By registering, Licensee represents and warrants that Licensee’s information is accurate. Our affiliates (e.g., AIM) may give Licensee the ability to access other affiliate services with Licensee’s User ID. Licensee understands and agrees that Licensee’s use of services provided by our affiliates may be subject to additional terms, conditions and privacy policies, which Licensee agrees to abide by when Licensee accesses and users such services.
10. ELECTRONIC NOTICE DELIVERY POLICY. Nullsoft, when possible, transacts with users of its products electronically. WHEN LICENSEE PROVIDES NULLSOFT WITH LICENSEE’S EMAIL ADDRESS, E.G. IN ORDER TO RECEIVE THE KEY FOR THE PRO PRODUCT OR TO RECEIVE NEWSLETTERS, LICENSEE CONSENTS TO RECEIVE ELECTRONICALLY FROM NULLSOFT ANY PRIVACY OR OTHER NOTICES, AGREEMENTS, DISCLOSURES, REPORTS, DOCUMENTS, COMMUNICATIONS, OR OTHER RECORDS (COLLECTIVELY, "NOTICES"). Licensee agrees that Nullsoft generally can send Licensee electronic Notices to the e-mail address that Licensee provided to Nullsoft, if any. Licensee must check its designated e-mail address regularly for Notices. Licensee must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), a Windows-based operating system with an Internet browser, and Internet e-mail software in order to access electronic communications. Licensee will need a printer attached to your personal computer to print any Notices. The delivery of any Notice from Nullsoft is effective when sent by Nullsoft, regardless of whether Licensee reads the Notice when received or whether Licensee actually receives the delivery. Licensee’s only method of withdrawing consent to receive Notices electronically is to terminate Licensee’s use of the Pro Product and/or cancel any newsletter subscriptions, as applicable.
11. TERMINATION. Should Licensee breach this Agreement, Licensee's right to use the Product shall terminate immediately and without notice. The respective rights and obligations of Nullsoft and Licensee under the provisions of Sections 3 ("Restrictions on Use"), 4 ("Need for Content Licenses"), 10 ("Electronic Notice Delivery Policy"), 11 ("Termination"), 12 ("Proprietary Rights"), 14 ("Indemnification"), 17 ("Limitation of Liability"), 21 ("Third Party Services or Products") and 22 ("Miscellaneous") shall survive expiration or termination of this Agreement and Licensee agrees to continue to be bound by those terms. Upon termination, Licensee shall destroy all copies of the Product.
12. PROPRIETARY RIGHTS. Title, ownership rights, and intellectual property rights in the Product shall remain in Nullsoft and/or its licensors and other suppliers. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Nullsoft's or its licensors' or other suppliers' ownership of or rights with respect to the Product. The Product is protected by copyright and other intellectual property laws and by international treaties. All trademarks used in connection with the Product are owned by Nullsoft, its affiliates or its licensors and other suppliers, and no license to use any such trademarks is provided hereunder. Title and related rights in the Content are the property of the applicable content owners and are protected by applicable law. Licensee agrees that Nullsoft may use in any manner and without limitation all comments, suggestions, complaints and other feedback Licensee provides relating to the Product.
13. USE AND AVAILABILITY OF OPEN SOURCE CODE. Portions of the Product use software components developed through various open source projects. The licenses and availability of source code for such components are specified in the copyright notice file delivered with this Product.
14. INDEMNIFICATION. Licensee agrees to indemnify, hold harmless, and at Nullsoft's request, to defend Nullsoft, its affiliates, , licensors and suppliers from any and all costs, damages and reasonable attorneys' fees resulting from any breach of this Agreement or claim that Licensee's use of the Product has injured or otherwise violated any right of any third party or violates any law.
15. LIMITED WARRANTY FOR PRO PRODUCT. Provided Licensee has paid the applicable license fees for the Pro Product and is in compliance with the terms and conditions hereof, for sixty (60) days after the date of download of the Pro Product (the "Warranty Period"), Nullsoft warrants that the unmodified Pro Product, when properly installed and used, will substantially achieve the functionality described in the applicable Documentation. This limited warranty does not apply for plug-ins or supplemental applications that Licensee may subsequently elect to install and use with the Pro Product. THIS LIMITED EXPRESS WARRANTY FOR THE PRO PRODUCT CONSTITUTES THE ONLY WARRANTY WITH RESPECT TO THE PRODUCT. NULLSOFT AND ITS LICENSORS AND OTHER SUPPLIERS DO NOT MAKE, AND HEREBY EXCLUDE AND DISCLAIM, ALL OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE PRO PRODUCT AND ANY UPDATES OR UPGRADES THERETO, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NONINFRINGEMENT OF THIRD PARTIES' RIGHTS, AND SECURE, ERROR-FREE OR UNINTERRUPTED OPERATION. NULLSOFT AND ITS LICENSORS AND OTHER SUPPLIERS SHALL HAVE NO OBLIGATIONS UNDER THE WARRANTY PROVISIONS SET FORTH HEREIN IF LICENSEE ALTERS OR MODIFIES THE PRO PRODUCT; USES THE PRO PRODUCT ON A COMPUTER SYSTEM OR IN A MANNER NOT SPECIFIED BY NULLSOFT; OR LICENSEE VIOLATES THE TERMS OF THIS AGREEMENT. IN THE EVENT OF A BREACH OF THIS WARRANTY, AND IF LICENSEE PROVIDES NULLSOFT WITH A WRITTEN REPORT DURING THE WARRANTY PERIOD OF ANY ERRORS OR FAILURES, NULLSOFT WILL USE REASONABLE EFFORTS TO PROMPTLY CORRECT, REPLACE OR PROVIDE A WORK AROUND FOR SUCH ERROR OR FAILURE, AT NO CHARGE TO LICENSEE, OR AT NULLSOFT'S SOLE OPTION, PROVIDE A REFUND TO LICENSEE. THIS IS LICENSEE'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES HEREUNDER. NOTWITHSTANDING THE FOREGOING, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES; HOWEVER, THE EXCLUSIONS OF NULLSOFT'S WARRANTY IN THIS LIMITED WARRANTY SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
16. DISCLAIMER OF WARRANTY FOR THE BASIC PRODUCT. THE BASIC PRODUCT IS PROVIDED WITH ALL FAULTS ON AN "AS IS" BASIS. NULLSOFT, ITS LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE BASIC PRODUCT IS FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE FUNCTIONALITY OF THE BASIC PRODUCT WILL MEET LICENSEE'S REQUIREMENTS, OR THAT ERRORS IN THE BASIC PRODUCT WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE BASIC PRODUCT IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. FURTHER, NULLSOFT, ITS LICENSORS AND OTHER SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE BASIC PRODUCT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NULLSOFT OR A NULLSOFT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. NULLSOFT AND ITS LICENSORS AND OTHER SUPPLIERS HAVE NO LIABILITY WITH RESPECT TO LICENSEE'S USE OF THE BASIC PRODUCT. LICENSEE BEARS THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE AND ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE BASIC PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
17. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NULLSOFT, AOL LLC, OR THEIR RESPECTIVE PARENTS, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE "NULLSOFT GROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, THE NULLSOFT GROUP'S ENTIRE COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND REPLACEMENT OF DEFECTIVE MEDIA OR PROVISION OF A REASONABLY SIMILAR PRODUCT, AS DETERMINED AT NULLSOFT'S SOLE DISCRETION, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF NULLSOFT TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ADDITIONALLY, THE NULLSOFT GROUP SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF: (i) CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH OR USED WITH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT; OR (ii) THE USE OF PLUG-INS OR SKINS DEVELOPED BY THIRD PARTIES AND MADE AVAILABLE ON NULLSOFT'S WEBSITE FOR USE WITH THE PRODUCT.
18. EXPORT CONTROLS. Licensee agrees to comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority, and not to export, re-export or import the Product or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. For example, Licensee may not export or re-export any commodities, software, or technical data received from Nullsoft, or any direct product of such commodities, software or technical data, to any proscribed country, party, or entity listed in the applicable laws, regulations, and rules of the U.S. Government unless properly authorized. As applicable, each party shall obtain and bear all expenses and responsibility relating to any necessary licenses and/or exemptions with respect to its own export or re-export of the Product from the U.S.
19. INJUNCTIVE RELIEF. Licensee acknowledges and agrees that, notwithstanding any other provisions of this Agreement, any breach or threatened breach of this Agreement by Licensee shall cause Nullsoft irreparable damage for which recovery of money damages would be inadequate and that Nullsoft therefore may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity.
20. U.S. GOVERNMENT END USERS. The Product is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government End Users acquire the Product with only those rights as set forth herein.
21. THIRD PARTY SERVICES OR PRODUCTS.
(a) The Product may contain links to other web sites, resources and advertisers. The Nullsoft Group is not responsible for the availability of these external sites nor does it endorse, or is it responsible for, the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such external sites. Under no circumstances shall the Nullsoft Group or any of the affiliated providers be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to Licensee in connection with the use of or reliance on any content, goods or services available on such external sites. Licensee should direct any concerns to such external sites' administrator or Webmaster.
(b) Licensee agrees and understands that the Product may include from time to time offerings for certain third party services, products or supplemental applications for download or use with the Product ("Supplemental Applications"). Such Supplemental Applications are subject to this Agreement and may be subject to additional terms and conditions or registration requirements. Licensee agrees to abide by these additional terms and further agrees that a violation of those terms shall constitute a breach of this Agreement.
(c) Third parties may offer from time to time applications or services to access, "plug-in" or interact with the Product. Licensee's use of such third party applications will be at Licensee's own risk and subject to the terms and conditions of those third parties. NULLSOFT DOES NOT REPRESENT AND WARRANT THAT ACCESS AND USE OF THE PRODUCT THROUGH OR WITH THESE THIRD-PARTY APPLICATIONS OR THIRD PARTY OFFERINGS WILL BE COMPATIBLE, UNINTERRUPTED, ERROR FREE, WITHOUT DEFECTS OR THAT LICENSEE WILL BE ABLE TO ACCESS OR USE THE PRODUCT AT ALL TIMES AND LOCATIONS OF ITS CHOOSING. LICENSEE AGREES THAT NULLSOFT IS UNDER NO OBLIGATION TO PROVIDE LICENSEE WITH ANY ERROR CORRECTIONS, UPDATES, UPGRADES, FIXES AND/OR ENHANCEMENTS TO MAKE THE PRODUCT ACCESSIBLE THROUGH OR COMPATIBLE WITH THESE THIRD-PARTY APPLICATIONS OR THIRD PARTY OFFERINGS.
22. CHOICE OF LAW; VENUE. LICENSEE EXPRESSLY AGREES THAT EXCLUSIVE JURISDICTION FOR ANY CLAIM ORDISPUTE WITH NULLSOFT, NULLSOFT’S AFFILIATES, WINAMP, THIS AGREEMENT, OR RELATING IN ANY WAY TO LICENSEE’S USE OF WINAMP (OR ANY FEATURES THEREOF) RESIDES IN THE FEDERAL OR STATE COURTS LOCATED IN THE COMMONWEALTH OF VIRGINIA AND LICENSEE FURTHER AGREES AND EXPRESSLY CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION IN SUCH COURTS IN CONNECTION WITH ANY SUCH DISPUTE, INCLUDING ANY CLAIM INVOLVING NULLSOFT, THIS AGREEMENT, AND/OR WINAMP (OR ANY FEATURES THEREOF). PLEASE NOTE THAT BY AGREEING TO THE TERMS OF THIS AGREEMENT, LICENSEE IS WAIVING CLAIMS THAT LICENSEE MIGHT OTHERWISE HAVE AGAINST NULLSOFT BASED ON THE LAWS OF OTHER JURISDICTIONS.
23. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof, which may only be modified by a written amendment signed by an authorized executive of Nullsoft. (b) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (c) If any provision in this Agreement should be held illegal or unenforceable, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect, or Nullsoft may at its option instead terminate this Agreement. (d) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (e) Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. Nullsoft may assign this Agreement to any entity at its sole discretion. (f) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (g) Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.
eMusic End User License Agreement
If you have checked the eMusic Promotional Icon download box in the Download Manager, you agree to the following additional terms. If you do not agree to the following additional terms, return to the Winamp Download Manager and uncheck the eMusic Promotional Icon download box and do not download the eMusic Icon.
1 THIS END USER LICENSE AGREEMENT ("EULA") IS A LEGALLY BINDING AGREEMENT BETWEEN EMUSIC INC. ("EMUSIC") AND YOU ("YOU", "YOUR"). IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS AND CONDITIONS REGARDING YOUR USE OF EMUSIC'S SOFTWARE AND RELATED ICON LINKS PROVIDED HEREUNDER (COLLECTIVELY, THE "eMusic LICENSED PRODUCTS").
BY SELECTING "I ACCEPT", USING THE EMUSIC LICENSED PRODUCTS IN ANY MANNER, OR BY SIGNIFYING YOUR ACCEPTANCE IN ANY OTHER WAY, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS EULA; AND EXPRESSLY ACKNOWLEDGE AND CONSENT TO THE AUTOMATIC INSTALLATION AND EXECUTION OF THE EMUSIC LICENSED PRODUCTS, WHICH WILL REPRODUCE ONE OR MORE ICONS ON YOUR COMPUTER'S DESKTOP THAT LINK TO INFORMATION ABOUT THE ICONS, SOFTWARE AND/OR A REGISTRATION PAGE FOR EMUSIC'S INTERNET BASED MUSIC SUBSCRIPTION BASED SERVICE ("EMUSIC SERVICE"). IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE EMUSIC LICENSED PRODUCTS AND YOU MUST DISCONTINUE ANY FURTHER USE THEREOF AND REMOVE THE SAME FROM YOUR COMPUTER USING THE UNINSTALL TOOL INCLUDED WITH YOUR DOWNLOAD OF THE LICENSED PRODUCTS.
2. LICENSE GRANT: Subject to the terms and conditions contained herein, eMusic grants to you a non-exclusive, non-transferable, non-sublicenseable right and license to use the eMusic Licensed Products, solely for your personal use on any desktop or other fixed or portable computer. For purposes of this EULA, the Software is considered to be "in use" when it is loaded into temporary memory (e.g., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM or other storage device) of such computer.
3. RESTRICTIONS: You may not modify, adapt, translate, reverse engineer, decompile, disassemble the eMusic Licensed Products, in whole or in part, or create derivative works using or based on the eMusic Licensed Products, nor may you copy, distribute, loan, rent, lease, sublicense or transmit all or any portion of the eMusic Licensed Products, nor may you allow others to do so.
4. OWNERSHIP RIGHTS: The eMusic Licensed Products are proprietary to eMusic and protected by United States copyright and other laws, as well as international treaty provisions and you must treat the eMusic Licensed Products as any other copyrighted and legally protected material. As between you and eMusic, eMusic owns all right, title and interest in and to the eMusic Licensed Products including, without limitation, all intellectual and proprietary rights appurtenant thereto and except for the limited license granted to you herein, nothing in this EULA shall be construed to transfer, convey, impair or otherwise adversely affect eMusic's ownership or proprietary rights therein or any other eMusic information or materials, tangible or intangible, in any form and in any medium. eMusic reserves all rights not expressly granted herein in and to all of the foregoing. eMusic has the sole right to obtain, hold and renew in its own name and for its own benefit, all patents, copyrights, registrations and other similar protection in connection with the foregoing and you hereby agree to assign, transfer and convey to eMusic all right, title and interest therein and will cooperate with eMusic and execute all documents necessary to enable eMusic to perfect, preserve, register and record its rights therein.
5. DISCLAIMER OF WARRANTY: THE EMUSIC LICENSED PRODUCTS ARE BEING PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE or arising from a course of dealing or usage of trade. YOU ASSUME THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE EMUSIC LICENSED PRODUCTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EMUSIC DOES NOT WARRANT THAT THE EMUSIC LICENSED PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT YOUR ACCESS TO AND USE OR OPERATION OF THE EMUSIC LICENSED PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER EMUSIC NOR ITS AFFILIATES OR PROVIDERS (INCLUDING NULLSOFT) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR YOUR ACCESS TO, USE AND OPERATION OF THE EMUSIC LICENSED PRODUCTS, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT EMUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
7. INDEMNITY: You agree to defend, indemnify and hold eMusic, its distributors (including Nullsoft), its affiliates and their respective officers, directors, employees, agents and representatives harmless from and against any liabilities, losses, expenses, costs or damages (including reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon your breach of the terms and conditions of this EULA. eMusic may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect eMusic's rights or obligations shall be made without eMusic's prior written approval. eMusic reserves the right, at its own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.
8. GOVERNING LAW AND INTERPRETATION: This EULA and your use of the eMusic Licensed Products, will be interpreted under and governed by the substantive laws of the State of New York, excluding its conflicts-of-law rules. You agree that exclusive jurisdiction and venue of any dispute with or its licensors, or any of their respective affiliates, officers, directors, employees, contractors, agents, representatives or suppliers, arising out of or in any way relating to this EULA shall reside in the federal and state courts situate in the State of New York. You expressly consent to the exercise of personal jurisdiction by such courts and agree that you will not object to jurisdiction of or venue in such courts on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. This EULA may not be modified by anyone except in writing signed by an authorized officer of eMusic. No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this EULA. You may not assign your rights under this EULA without eMusic's prior written permission and any attempt by you to do so shall be void. If any term of this EULA is held invalid, illegal or unenforceable, the remaining portions shall not be affected. Any provision of this EULA which by its nature must survive the termination of this EULA in order to give effect to its meaning shall survive such termination.
This application contains software from Gracenote, Inc. of Emeryville, California ("Gracenote").
The software from Gracenote (the "Gracenote Client") enables this application to do online disc identification and obtain music-related information, including name, artist, track, and title information ("Gracenote Data") from online servers ("Gracenote Servers") and to perform other functions. You may use Gracenote Data only by means of the intended End-User functions of this application software.
You agree that you will use Gracenote Data, the Gracenote Client, and Gracenote Servers for your own personal non-commercial use only. You agree not to assign, copy, transfer or transmit the Gracenote Client or any Gracenote Data to any third party. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE DATA, THE GRACENOTE CLIENT, OR GRACENOTE SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.
You agree that your non-exclusive license to use the Gracenote Data, the Gracenote Client, and Gracenote Servers will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the Gracenote Data, the Gracenote Client, and Gracenote Servers. Gracenote reserves all rights in Gracenote Data, the Gracenote Client, and the Gracenote Servers, including all ownership rights. You agree that Gracenote, Inc. may enforce its rights under this Agreement against you directly in its own name.
The Gracenote Client and each item of Gracenote Data are licensed to you "AS IS".
Gracenote makes no representations or warranties, express or implied, regarding the accuracy of any Gracenote Data from in the Gracenote Servers. Gracenote reserves the right to delete Data from the Gracenote Servers or to change Data categories for any cause that Gracenote deems sufficient. No warranty is made that the Gracenote Client or Gracenote Servers are error-free or that functioning of Gracenote Client or Gracenote Servers will be uninterrupted.
Gracenote is not obligated to provide you with any new enhanced or additional Data types or categories that Gracenote may choose to provide in the future and is free to discontinue its online service at any time.
GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GRACENOTE DOES NOT WARRANT THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE GRACENOTE CLIENT OR ANY GRACENOTE CDDB SERVER. IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.
WINAMP REMOTE, PROVIDED BY ORB NETWORKS, INC.
BETA TESTING AND END USER LICENSE AGREEMENT
4. Support. Orb will provide you with limited on-line support for the Software during Orb's regular business hours, available by email at firstname.lastname@example.org ("On-Line Support"). On-Line Support is available to assist you with limited inquiries related to Software installation and Service operation. On-Line Support is provided to you free of charge and Orb makes no warranties or representations regarding the availability, accuracy or response time of such On-Line Support. Additional information regarding the Software and the Service is available on-line at Orb's knowledge base accessed from within the product interface.
5. Content. You acknowledge and agree that the Software and the Service enable you to personally access and use digital content that you have stored on your personal computer or regularly access on the Web. You further acknowledge and agree that it is your sole responsibility to determine that you have all rights necessary under Copyright law to store and view and use the selected digital content through the use of the Software and the Service, and to ensure that you use the Software and the Service in compliance with any and all restrictions placed on your use of such digital content, whether such restrictions are imposed by the applicable content owners or by your service providers.
6. Warranty Disclaimer. You understand that the Service and the Software are being provided to you on an “AS IS” basis. Thus, Licensee agrees that neither Orb nor its agents or representatives shall be responsible for loss, destruction, or alteration of programs, content, data and other information resulting from use of the Product. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE AND THE SOFTWARE IS AT YOUR OWN RISK. THE SERVICE AND THE SOFTWARE AND ANY SUPPORT SERVICES ARE PROVIDED TO LICENSEE ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND. ORB AND ITS DISTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. ORB AND ITS DISTRIBUTORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICE OR THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE OR THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ORB, NULLSOFT, OR THEIR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. Limitation of Liability. IN NO EVENT WILL ORB OR ITS AFFILIATES, SUPPLIERS, LICENSEES, DISTRIBUTORS, AND/OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, COVER, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE SERVICE, THE DOCUMENTATION, OR RELATED ON-LINE SUPPORT OR OTHER TECHNICAL SUPPORT, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS, INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, OR COMPUTER PROGRAMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, ORB'S NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. Indemnity. You shall indemnify Orb, its employees, agents and distributors from and against all costs, claims, demands, expenses, fines, penalties and liabilities whatsoever which may be made against, sustained, paid or incurred by Orb, its employees or agents as a direct or indirect result of your breach of this Agreement, negligence, breach of statutory duty or other act or omission.
9. No Export. You acknowledge and agree that the goods, software, and technology subject to this Agreement are subject to the export control laws and regulations of the United States, including but not limited to the Export Administration Regulations ("EAR"), and sanctions regimes of the U.S. Department of Treasury, Office of Foreign Asset Controls. You will comply with these laws and regulations. You shall not, without prior U.S. government authorization, export, reexport, or transfer any goods, software, or technology subject to this Agreement, either directly or indirectly, to any country subject to a U.S. trade embargo (currently Cuba, Iran, Libya, North Korea, Sudan, and Syria) or to any resident or national of any such country, or to any person or entity listed on the "Entity List" or "Denied Persons List" maintained by the U.S. Department of Commerce or the list of "Specifically Designated Nationals and Blocked Persons" maintained by the U.S. Department of Treasury. In addition, any software or any technology subject to this Agreement may not be exported, reexported, or transferred to an end-user engaged in activities related to weapons of mass destruction. Such activities include but are not necessarily limited to activities related to: (1) the design, development, production, or use of nuclear materials, nuclear facilities, or nuclear weapons; (2) the design, development, production, or use of missiles or support of missiles projects; and (3) the design, development, production, or use of chemical or biological weapons.
13. Feedback. At Orb's request, you may provide Orb with written or oral report(s) of the results of your evaluation of the Service of the Software, including, but not limited to, a report of any errors which Licensee has discovered in any aspect of the Service of the Software or related documentation. Such reports, and any other materials, information, ideas, concepts, feedback and know-how provided by you to Orb concerning the Software and/or the Service ("Evaluations") will be the property of Orb. You agree to assign, and hereby assigns, all right, title and interest worldwide in the Evaluations, and the related intellectual property rights, to Orb and agrees to assist Orb, at Orb's expense, in perfecting and enforcing such rights.
14. Third Party Software. The Software is distributed with certain third party software applications that are subject to different terms than the license terms set forth above for the Software (“Third Party Code”) as follows. The Third Party Code consists of the following applications: DScaler, CoreAAC, FFDShow, and Haali Splitter. DScaler, CoreAAC and FFDShow are subject to the GNU General Public License. The source code for the Third Party Code is available at:
(for DScaler), (for CoreAAC), and
The full terms of the GNU General Public License are available at
The Haali Media Splitter Third Party Code is subject to the following terms:
Copyright (c) 2004-2006 Mike Matsnev. All Rights Reserved.
Redistribution and use in binary form, without modification, is permitted provided that the following conditions are met:
1. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
2. Absolutely no warranty of function or purpose is made by the author Mike Matsnev.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR ''AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
6425 Christie Ave. Suite 300
Emeryville, California 94608
SUPPLEMENTAL TERMS FOR THE WINAMP/AOL TOOLBAR
IN ADDITION TO THE TERMS CONTAINED IN THE WINAMP LICENSE AGREEMENT, THE FOLLOWING SUPPLEMENTAL TERMS APPLY TO YOUR INSTALLATION AND USE OF THE WINAMP/AOL TOOLBAR. BY INSTALLING AND/OR USING THE PRODUCT, YOU AGREE ELECTRONICALLY THAT THE WINAMP LICENSE AGREEMENT AS SUPPLEMENTED BY THE FOLLOWING TERMS APPLY TO YOUR USE OF THE WINAMP/AOL TOOLBAR.
1. WEB SITES AND CONTENT. Content that may be accessed through the use of the Winamp/AOL Toolbar ("Toolbar"), including any links to certain web sites and RSS feeds offered with the Toolbar, is the property of its respective owner. Neither AOL LLC nor Nullsoft (collectively, "AOL") is responsible for such content and AOL makes no representations or warranties regarding the accuracy or reliability of the information included in such content. The content on the linked sites is provided to you for your personal, non-commercial use as a convenience to you. You must agree to abide by the terms and conditions that may apply to any interactive online service that you elect to use with the Toolbar. Some of the services that AOL may offer for use with the Toolbar may require that you register with AOL and obtain a User ID or screen name, which will be subject to separate terms and conditions, which you will have an opportunity to review and approve.
3. SUGGESTIONS. You agree that AOL may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the Toolbar.
4. YOUR RE