End user agreement for J. River Media Jukebox
SOFTWARE PROGRAM END-USER LICENSE AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY. WE LICENSE THE J. RIVER SOFTWARE AND APPLICATIONS TO YOU ONLY IF YOU ACCEPT THE TERMS IN THIS LICENSE AGREEMENT.
BY INSTALLING OR USING THIS SOFTWARE, YOU ARE AGREEING ELECTRONICALLY TO THE TERMS OF THIS AGREEMENT (THE "AGREEMENT" or "LICENSE").
J. RIVER LICENSE AGREEMENT
This Agreement applies to the PRODUCT (as defined below) provided by J. River, Inc. BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING THE PRODUCT, YOU ELECTRONICALLY AGREE ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (IF APPLICABLE) THAT YOU OR SUCH ENTITY ARE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. AS THE "LICENSEE."
a) "Agreement" means this J. River License Agreement.
b) "Product" means the J. River MEDIA CENTER software product or any derivative product, whether paid or free (defined below), as applicable to Licensee, all associated software, upgrades, updates, patches, plug-ins, supplemental applications, documentation and on-line service provided by J. RIVER, its affiliates and suppliers.
c) "Documentation" means the help pages inside the program or other pages hosted on any J. River owned or operated website.
d) "J. RIVER Plug-in" means a plug-in (a small software program that adds a specific capability to another program) owned and offered by J. River as part of the PRODUCT download and/or via any J. River owned or operated jrmediacenter.com website.
e) "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.
f) "Update" means a revision to the PRODUCT designated by a change in the version number to the right of the decimal place.
g) "Upgrade" means a revision to the PRODUCT designated by a change in the version number to the left of the decimal place.
h) “Free Product” means a PRODUCT which an end-user has obtained without cost directly from J. River or from a distributor who has written authorization from J. River to distribute the PRODUCT. Distribution without authorization is prohibited.
2. LICENSE GRANT. For a PRODUCT which is not FREE, provided Licensee complies with the terms and conditions of this Agreement and has paid the applicable license fees for the PRODUCT, J. RIVER grants Licensee a personal, non-exclusive, and non-transferable license to install and use the PRODUCT. Upon J. River's receipt of the applicable license fees, a serial number key will be issued to Licensee to unlock the PRODUCT.
Certain versions of the PRODUCT may be FREE, but the free use applies only to end-users and not to any business or other organization unless authorized in writing by J. River. For a FREE PRODUCT which has no cost to the end-user, subject to Licensee's compliance with the terms and conditions of this Agreement, J. River grants Licensee a free-of-charge, personal, non-exclusive, and non-transferable license to install and use the SOFTWARE.
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 PRODUCT if Licensee has not paid the applicable fees or by any manner or method other than using the key provided by J. River; (iv) redistribute, encumber, sell, rent, lease, sub-license, 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 J. River 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://www.jrmediacenter.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.
5. SUPPORT. Licensee will have access to community forums, FAQs, and other online self help services, but will not be entitled to receive from J. RIVER any technical support or telephone assistance. Use of community forums and other online service are subject to additional terms.
6. FEES. A license fee may be required in order to receive a key to access the features of the PRODUCT. Fee information is available at: http://www.jrmediacenter.com
7. UPGRADES AND UPDATES. This license does not entitle Licensees of the PRODUCT to Updates or Upgrades to the PRODUCT. If Updates or Upgrades to the PRODUCT are made available, they will be available from http://www.jrmediacenter.com and will be subject to J. River'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 J. River 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. ONLINE SERVICES. J. River, its affiliates and suppliers may provide online services for use with the PRODUCT. J. River may change or cancel those services at any time. In order to use these interactive services, you will need to register and obtain log-in credentials, such as a User ID. 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 PRODUCT.
10. ELECTRONIC NOTICE DELIVERY POLICY. J. River, when possible, communicates with users of its PRODUCT electronically. WHEN YOU PROVIDE J. RIVER WITH YOUR EMAIL ADDRESS, E.G. IN ORDER TO RECEIVE THE KEY FOR THE PRODUCT OR TO RECEIVE NEWSLETTERS, YOU CONSENT TO RECEIVE ELECTRONICALLY FROM J. RIVER ANY PRIVACY OR OTHER NOTICES, AGREEMENTS, DISCLOSURES, REPORTS, DOCUMENTS, COMMUNICATIONS, OR OTHER RECORDS (COLLECTIVELY, "NOTICES"). You agree that J. River generally can send you electronic Notices to the e-mail address that you provided to J. River, if any.
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 J. River 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"), 13 ("Indemnification"), 16 ("Limitation of Liability"), 20 ("Third-Party Services or Products") and 21 ("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 J. River 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 J. River'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 J. RIVER, 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 J. River may use in any manner and without limitation all comments, suggestions, complaints and other feedback Licensee provides relating to the PRODUCT.
13. INDEMNIFICATION. Licensee agrees to indemnify, hold harmless, and at J. River's request, to defend J. River, 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.
14. LIMITED WARRANTY. Provided Licensee has paid the applicable license fees for the PRODUCT and is in compliance with the terms and conditions hereof, for sixty (60) days after the date of download of the PRODUCT (the "Warranty Period"), J. RIVER warrants that the unmodified 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 you may subsequently elect to install and use with the PRODUCT. THIS LIMITED EXPRESS WARRANTY FOR THE PRODUCT CONSTITUTES THE ONLY WARRANTY WITH RESPECT TO THE PRODUCT. J. RIVER 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 PRODUCT AND ANY UPDATES OR UPGRADES THERETO, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), INCLUDING WITHOUT LIMITATIO