End user agreement for iPod 2 iPod
The Boys Downunder© End-User License Agreement
IF IT IS YOUR INTENTION TO ‘STEAL MUSIC’, DO NOT USE THIS SOFTWARE!
SUMMARY OF KEY TERMS
This program is owned by The Boys Downunder Limited (Herein referred to as The Boys Downunder), and is protected by international copyright laws. No distribution, modification or translation of this program, electronic or otherwise, is permitted without The Boys Downunder's written permission. VIOLATION OF COPYRIGHT IS A SERIOUS OFFENSE, PUNISHABLE BY MONETARY PENALTIES AND POSSIBLE IMPRISONMENT.
The Boys Downunder makes no warranties regarding this product, except as to replacement of defective disks (if any) supplied by The Boys Downunder. All warranties, including merchantability or fitness for a particular purpose are specifically disclaimed.
IMPORTANT - Read the full license terms and conditions below before installing. This License provides you with limited rights to use the software, conditioned upon your continued compliance with these terms and conditions. INSTALLATION OF THIS SOFTWARE WILL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
You have the non-exclusive right under the End-User License to use the The Boys Downunder program.
You may not distribute, sublicense or make available copies of the program or documentation in any form, electronic or otherwise. You may not modify or translate the program or related documentation without the prior written consent of The Boys Downunder. YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE PROGRAM OR DOCUMENTATION, OR ANY COPY EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT. This program is owned by The Boys Downunder, and is protected by international copyright laws. VIOLATION OF COPYRIGHT IS A SERIOUS OFFENSE, PUNISHABLE BY MONETARY PENALTIES AND POSSIBLE IMPRISONMENT.
You may not use the program for any unlawful purpose, including infringement of the copyrights or other proprietary rights of others, or in any illegal manner or for creation or distribution of illegal content. You agree to indemnify The Boys Downunder for any and all claims arising from any violation by you of the terms of this End-User License.
EXCLUSION OF WARRANTY
THIS PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH THE BOYS DOWNUNDER SPECIFICALLY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PROGRAM IS ASSUMED BY YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU (AND NOT THE BOYS DOWNUNDER OR ITS DEALERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
THE BOYS DOWNUNDER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE.
If the The Boys Downunder program has been licensed to you on a diskette or CD, The Boys Downunder warrants to you, the original licensee, that the disk(s) on which the program is recorded will be free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of delivery as evidenced by a copy of your receipt. The above express warranty is specifically limited to its terms, and to the extent inconsistent with any disclaimer of warranty contained herein, is not intended to otherwise limit such disclaimer. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
NEITHER THE BOYS DOWNUNDER NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PROGRAM SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION ARISING OUT OF THE USE, THE RESULTS OF USE, OR INABILITY TO USE THIS PRODUCT EVEN IF THE BOYS DOWNUNDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BOYS DOWNUNDER'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY IN THE EVENT OF A BREACH OF THE BOYS DOWNUNDER'S OBLIGATIONS IS LIMITED TO A REFUND OF ANY LICENSE FEE ACTUALLY PAID TO THE BOYS DOWNUNDER FOR THIS PROGRAM.
The End-User License is effective until terminated. You may terminate an End-User License by destroying the program and documentation and all copies thereof. The End-User License is conditioned upon your continued compliance with the Agreement and will terminate automatically and irrevocably if you fail to comply with any term or condition of this Agreement. Trial and evaluation licenses terminate automatically at the end of the trial and evaluation period. Upon any termination you agree to destroy all copies of the program and documentation in your possession or control.
EXPORT LAWS; GOVERNMENT USERS
You agree and certify that neither the software nor any other technical data received from The Boys Downunder, nor the direct product thereof, will be exported outside the New Zealand (i) into any country (or to a national or resident of any such country) as to which New Zealand has embargoed goods, (ii) otherwise in violation of or as prohibited by the laws, rules, regulations or administrative orders of New Zealand, or any unit, agency or department thereof. By opening or downloading the software, you are agreeing to the foregoing and are representing and warranting that you are not located in, under the control of, or a national or resident of any such country, on any such list or order, or subject to any such prohibition.
This License Agreement shall be governed by the laws of New Zealand without regard to principles of conflicts of laws and shall inure to the benefit of The Boys Downunder, its successors and assigns. Any disputes relating hereto shall be adjudicated in the regional courts of Auckland, New Zealand, and you hereby consent to the exclusive jurisdiction of said courts. If for any reason a court of competent jurisdiction finds any provision of this License Agreement, or portion thereof, to be unenforceable, that provision of the License Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License Agreement shall continue in full force and effect.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS IS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN THE PARTIES.