End user agreement for ListenUp
End User License Agreement for the
Listenup Software Development Kit (SDK)
BEFORE YOU USE THE SOFTWARE DISTRIBUTED WITH THIS LICENSE AGREEMENT, CAREFULLY
READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY USING THE SOFTWARE, YOU ARE
CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO
NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN DO NOT USE THE SOFTWARE
AND DELETE ALL COPIES OF THE SOFTWARE FROM YOUR COMPUTER.
1. Mobileer.com, (the "Company") grants you (the "Customer") a worldwide, non-
exclusive, restricted right and license to use the accompanying ListenUp SDK
(the "Software"), in binary executable form, solely for the purpose of providing
the capability of recording audio in a web browser, uploading the recorded audio
to a web site owned by the Customer, and playing back audio recordings in a web
The Software consists of:
- compiled ListenUp Applet in JAR files,
- example HTML pages,
- example server scripts,
- and documentation.
The Software may be used without payment subject to the terms of this agreement.
If the Customer wishes to use the software for free then the Software will display an advertisement for ListenUp.
Customers wishing to remove the advertisement can purchase a license.
The price of the license fee is available from the Company at "http://www.javasonics.com/sales/".
2. The Customer use of the Software is subject to the following restrictions:
- The Customer may not interfere with the display or functionality of the
advertisement for ListenUp when runing in Free Mode. The Applet will display a
message about ListenUp and provide a button that can take the user to the
- Use of the Software on the licensed domain may not be rented, leased, or
sold to other companies or organizations without the Company's prior written
- The compiled ListenUp Java code may only be served from the web site as an
executable Applet embedded in a web page.
- The server scripts (PHP, JSP) may be executed on the licensed web server but
may not be distributed to the network client computers.
- Any plugins needed by the ListenUp Applet must be installed by directing the
client to "http://www.javasonics.com/plugins/". The Customer may not directly
link to non-HTML, binary or archive files that are part of the Software on the
www.javasonics.com website. Binary files include those ending with the suffix
".exe", ".zip", ".cab", ".class", ".dll" and ".jar".
3. The Software is licensed, not sold. The Software is protected by copyright
law and international copyright treaty provisions, as well as other intellectual
property laws and treaties.
4. The Software may not be rented, leased, sold, or in any other manner
commercially exploited without the Company's prior written permission. This
License is personal to Customer and Customer agrees not to assign your rights
herein. (A separate Redistribution License is available for Customers wishing to
distribute the Software with their own products.)
5. LIMITATION OF WARRANTY. THE COMPANY MAKES NO REPRESENTATIONS OR
WARRANTIES ABOUT THE SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT
OR INFORMATION PLAYED BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE
IS PROVIDED 'AS IS' WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT. THE COMPANY MAY NOT SUPPORT THIS SOFTWARE AND MAY NOT
ISSUE UPDATES TO THIS SOFTWARE.
6. All video, audio, and other content accessed through the Software is
the property of the applicable content owner and may be protected by
applicable copyright law. This License gives Customer no rights to
such content, and Company disclaims any liability for misuse of
7. The Company reserves the right at any time to alter prices, features,
specifications, capabilities, functions, licensing terms, release
dates, general availability or other characteristics of the released product.
8. Title, ownership rights, and intellectual property rights in and to the
Software shall remain in the Company and/or its suppliers. Customer agrees to
abide by the copyright law and all other applicable laws of the United States
including, but not limited to, export control laws. Customer acknowledges that
the Software remains proprietary and confidential information and intellectual
property of the Company and/or its suppliers and therefore Customer agrees not
to modify the Software or attempt to decipher, decompile, disassemble or reverse
engineer the Software, except to the extent applicable laws specifically
prohibit such restriction. Customer agrees not to attempt to circumvent the
license file mechanism that restricts use of the Software to a specific web
domain, or the Credit system that controls usage of the Software. Reproduction
and/or redistribution of any portion of the Software is specifically prohibited
without the Company's prior written permission.
9. Any Party may terminate the Term of this Agreement effective upon written
notice to the other Parties if any other Party materially breaches any of such
Party's obligations under this Agreement, and that Party has not cured the
breach within thirty (30) days after notice of the breach from the non-breaching
Party. However, in case of termination, Sections 3 through 12 of this Agreement
shall indefinitely survive its termination. This License shall be governed by
and construed in accordance with the laws of the State of California with
exclusive venue in courts located in Marin County, California, and,
as to matters affecting copyrights, trademarks and patents, by U.S. federal law.
This License sets forth the entire agreement between the Company and Customer.
10. DISCLAIMER OF LIABILITY. THE COMPANY OR ITS SUPPLIERS SHALL NOT BE
LIABLE FOR (a) DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT
DAMAGES OF ANY SORT WHATSOEVER, WHETHER ARISING IN TORT, CONTRACT OR
OTHERWISE, (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS
PROFITS, REVENUES, OR INFORMATION, OR FOR BUSINESS INTERRUPTION)
RESULTING FROM CUSTOMER'S USE OF THE SOFTWARE OR INABILITY TO USE
THE SOFTWARE, EVEN IF THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (b) FOR ANY CLAIM BY ANY OTHER PARTY THAN CUSTOMER.
THIS DISCLAIMER OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR
PERSONAL INJURY WHERE THE APPLICABLE LAW PROHIBITS SUCH LIMITATION.
FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION
MAY NOT APPLY TO CUSTOMER.
11. HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is
not designed, manufactured or intended for use or resale as on-line
control equipment in hazardous environments requiring fail-safe
performance, such as in the operation of nuclear facilities, aircraft
navigation or communication systems, air traffic control, direct life
support machines, or weapons systems, in which the failure of the
Software could lead directly to death, personal injury, or severe
physical or environmental damage ("High Risk Activities"). The Company
and its suppliers specifically disclaim any express or implied warranty
of fitness for High Risk Activities.
12. The Company does not represent or warrant that the Software is free
of infringement of any third-party patents.