InteractiveGroove division of RTZ Software inc.
JAMBOX END-USER SOFTWARE LICENSE AGREEMENT
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS
BEFORE USING THIS SOFTWARE. ALONG WITH ANY ACCOMPANYING
DOCUMENTATION (THE SOFTWARE AND ITS DOCUMENTATION WILL BE
REFERRED TO HEREIN AS THE "SOFTWARE").
YOUR USE OF THE SOFTWARE MEANS THAT YOU ACCEPT THESE TERMS AND
CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND
CONDITIONS, THEN INTERCATIVEGROOVE IS UNWILLING TO LICENSE THE SOFTWARE
TO YOU, AND YOU SHOULD NOT USE THE SOFTWARE. BY INSTALLING,
DOWNLOADING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU
ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS,
UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT
AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED AND
MAY NOT USE THE SOFTWARE.
1. SINGLE COPY SOFTWARE LICENSE. The SOFTWARE is copyrighted
and protected by law and international treaty. You may
download the SOFTWARE onto a computer for your personal,
non-commercial internal use only. This is a license, not a
transfer of title, and you may not, nor permit anyone else to,
(a) modify the SOFTWARE or use it for any commercial purpose
or public display, performance, sale or rental;
(b) decompile, reverse engineer, or disassemble, modify, or
create derivative works based on the SOFTWARE or the documentation
in whole or in part;
(c) remove any copyright or other JamBox or InteractiveGroove
proprietary notices.
You may freely copy the software or permit others to download it as
long as it has not been modified or changed by you in any way.
2. USE OF THE JamBox SOFTWARE.
JamBox is a Interactive Music Player application provided by
InteractiveGroove to play Jamlet files. Jamlet files contain
audio and links to external content on the local computer
or internet. Jamlet files can be easily created by anyone.
Details on creating Jamlet files can be found at www.jambox.org.
InteractiveGroove does not, and cannot, control
what content is made available to others using Jamlet files
and the JamBox software.
JamBox users decide what content (files) to listen to and view.
The creators of Jamlet files and the users of JamBox software
are responsible for complying with all applicable federal and state laws
applicable to such content, including copyright laws. As a condition
to your use of the JamBox software,
you agree that you will not (i) use the JamBox software to
infringe the intellectual property rights of
others in any way.
InteractiveGroove respects copyright law and expects our users to do the
same. Unauthorized copying, distribution, modification, public
display, or public performance of copyrighted works is an
infringement of the copyright holders' rights. You should be
aware that some computer files may have been created or distributed
without the copyright owner's authorization. As a condition to the
license to use the SOFTWARE, you agree that you will not use
the SOFTWARE to infringe the intellectual property rights of
others in any way. You also agree to comply with all of the
notices, terms and conditions posted on the InteractiveGroove web site,
including but not limited to the Terms of Use and the InteractiveGroove
Copyright Policy posted thereon.
As a condition to your use of the JamBox software,
you agree that you will not (i) use the JamBox software to
penetrate, modify, manipulate, invade the privacy of, obtain the
identity of, or obtain any personal information about any
JamBox user, or to modify, erase or
damage any information contained on the computer of any JamBox user,
or (ii) reverse engineer any portion of the JamBox
software.
3. OWNERSHIP. The SOFTWARE is copyrighted proprietary
material of the InteractiveGroove division of RTZ Software Inc.
You may freely copy the software or
permit others to download it as long as it has not been modified
or changed by you in any way. Except as expressly provided herein,
the InteractiveGroove division of RTZ Software Inc.
and its suppliers do not grant any express or
implied right to you under any patents, copyrights, trademarks,
or trade secret information of InteractiveGroove or its suppliers.
4. TERMINATION OF THIS LICENSE. InteractiveGroove. may terminate
this license at any time if you are in breach of any of these
terms and conditions of use. Upon such termination you must
and agree to immediately destroy all copies of the SOFTWARE.
5. DISCLAIMER. THE SOFTWARE IS PROVIDED "AS-IS."
THE INTERACTIVE GROOVE DIVISION OF RTZ SOFTWARE INC.
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE SOFTWARE OR ITS OPERATION. TO
THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE INTERACTIVEGROOVE
DIVISION OF RTZ SOFTWARE
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OF NON-
INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE
GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSIONS MAY NOT APPLY IN FULL. The SOFTWARE may
contain technical inaccuracies or typographical errors, so
changes and/or updates may be affected without notice.
InteractiveGroove may also make improvements and/or other changes
to the SOFTWARE at any time without notice.
6. LIMITATION ON DAMAGES. IN NO EVENT SHALL
THE INTERACTIVE GROOVE DIVISION OF RTZ SOFTWARE INC. BE
LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL OR OTHER
CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING DIRECTLY OR
INDIRECTLY FROM THE USE OF THE SOFTWARE, INCLUDING BUT NOT
LIMITED TO ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR
OTHERWISE, EVEN IF THE INTERACTIVE GROOVE DIVISION OF RTZ SOFTWARE INC.
HAS BEEN EXPRESSLY ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
7. GOVERNMENT END USERS. If this SOFTWARE is being acquired
on behalf of the United States Government, the following
applies. Use, duplication, or disclosure by the U.S.
Government is subject to restrictions set forth in this
JamBox End-User Software License agreement and as
provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS
252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR
52.227-19, or FAR 52.227-14 (ALT III), as applicable.
InteractiveGroove, PO Box 610457 North Miami FL 33261-0457.
8. GOVERNING LAW. The http://www.interactivegroove.com web site
through which this SOFTWARE may be downloaded is controlled by
InteractiveGroove from its facilities in the United States of
America. InteractiveGroove makes no representations that the
SOFTWARE is appropriate or available for use in other locations.
Those who download this SOFTWARE from other jurisdictions do so
at their own volition and are responsible for compliance with
local law. You may not use or export this SOFTWARE in violation
of U.S. exports laws and regulations. This Agreement and any and
all claims relating to the SOFTWARE shall be governed by the laws
of the State of Florida, U.S.A. without regard to or application of
choice of law rules or principles.
9. AMENDMENTS. InteractiveGroove may amend these terms and
conditions at any time by a notice on its web site, which shall
be binding upon you; accordingly, we urge you to visit the
InteractiveGroove web site periodically to review the then current and
effective terms and conditions for use of the SOFTWARE, as well
as the InteractiveGroove web site and service. You may not revise or
amend these terms and conditions without the prior written
authorization of an officer of RTZ Software Inc. Certain
provisions of these terms and conditions may be superceded by
expressly designated legal notices or terms located within this
InteractiveGroove web site at:
http://www.interactivegroove.com/terms/SoftwareLicenseAndDisclaimer.shtml
10. NO WAIVER. No delay or failure to take action under these
terms and conditions will constitute a waiver by InteractiveGroove
unless expressly waived in writing by a duly authorized officer
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