NetRadioPlayer™ Application End User License Agreement
April 13, 2015
IMPORTANT- PLEASE READ CAREFULLY:
THIS END-USER LICENSE AGREEMENT (“EULA“) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “END USER”, “YOUR”) AND PUREDIRECT, LLC DBA. (“NETRADIOPLAYER“, “WE”, OR “US”). THIS EULA GOVERNS YOUR USE OF THE NETRADIOPLAYER APPLICATION THAT WILL BE INSTALLED IF YOU ACCEPT OR AGREE TO THESE TERMS (THE “APPLICATION“).
1. Using the NetRadioPlayer Application
1.1 The Application and associated Services are tools intended to (i) provide You with access to internet radio content
1.2 Display of Advertising: You explicitly acknowledge and agree that in consideration for providing the Application free of charge, we will display advertising within the application.
1.3 How to Uninstall the Application: You can easily uninstall the Application as follows: Make sure all your browser windows are closed before starting the uninstallation process. Click on the “Start” button; then click on the “Settings” button, then click on the “Control Panel” button, then click on the “Add or Remove Programs” button, then select “NetRadioPlayer”, then click on the “Change/Remove” button.
2. License Grant Subject to the terms and conditions of this EULA, NetRadioPlayer grants you a non-exclusive, non-sublicensable, non-transferable, non-assignable, revocable, limited license, to: (a) download and install the Application; and (b) use the Application and Services solely for your personal, non-commercial purposes. The term Application also includes all updates NetRadioPlayer may make generally available to end users when releasing a new version of the Application or when making new features available (“Updates”).
3. License Conditions and Restrictions You may not rent, sell, lease, sublicense, distribute, assign, copy, or in any way transfer the Application or this EULA or use the Application for the benefit of any third party in any manner. You may not modify, decompile, disassemble, or otherwise reverse-engineer the source code of the Application, or attempt to do so for any reason. Further, you may not access, create or modify the source code of the Application in any way. You do not have the right to and may not create derivative works of the Application. All modifications or enhancements to the Application, whether created by us, you, or a third party, remain our sole property. You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access any of our Services or your use of the Application at any time. We may at any time suspend or terminate any license under this EULA and disable the Application or any of its component features or functionalities.
3.2 Services In this EULA, “Services” means (i) the internet radio services provided via the Application, (ii) the serving of Advertisements. You acknowledge and agree that unless explicitly stated otherwise: (i) any new or updated features that modify the current Application and/or Services, including any Updates, shall be subject to the EULA; (ii) the form and nature of the Services provided through the Application may change from time to time without prior notice to You; and (iii) NetRadioPlayer may stop (permanently or temporarily) providing the Application or Services (or any features associated with the Application) to You or to all users at our sole discretion and/or without prior notice to You. You may elect to stop using the Application and/or receiving all or some of the Services at any time by uninstalling the Application. You do not need to provide NetRadioPlayer with notice when you stop using the Application or Services.
4.1 You acknowledge and agree that the Application is licensed, not sold to you; and such license is contingent upon your compliance with all terms herein. You acknowledge that the Application, including all data, code, protocols, software and documentation provided to You by Us in conjunction with the Application or our Services are NetRadioPlayer’s property or the property of our licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to trade secrets, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we have placed on the Application. All rights not expressly granted hereunder are expressly reserved to us and our licensors. By accepting the terms of this EULA, downloading, or using the Application, You represent and warrant that you are either the owner or an authorized user of the computer where the Application is or will be installed. You may use the Application and Services only for lawful purposes and shall not copy, store, or reuse internet radio content made available via the Application or Services. Your license to use the Application and Services is subject to, and contingent upon Your compliance at all times with, all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use of our Application and Services. You agree not to use the Application or Services to conduct any business or activity or solicit the performance of any activity, which is prohibited by law or by any contractual provision by which you are bound.
4.2 Claims of Copyright Infringement. We respect the intellectual property of others, and we ask our users to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials accessed via the Application infringe upon your copyright(s), you (or your agent) may send a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow the service provider to locate the material on their site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send our service provider a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.
Notices and counter-notices with respect to internet radio content or related sites made available via the Application should be sent to DAR.FM, Inc., 6450 Lusk Blvd #E204, San Diego, CA 92121, Attn: Michael Robertson or firstname.lastname@example.org
Notices and counter-notices with respect to other content made available via the Application, such as Advertisements, should be emailed to support@NetRadioPlayer.com or mailed to us at: NetRadioPlayer, PO Box 782, San Leandro, CA 94577.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
5. Access and Interference. You agree that you will not use any robot, spider, other automatic or manual device or process to copy, store, interfere or attempt to copy, store, or interfere with the proper working of the Application, or Services except to remove our Application from a computer of which you are an owner or authorized user. You may not violate or attempt to violate the security of our Application. We reserve the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is Your responsibility to install anti-virus software and related protections against viruses, malware, spyware, Trojan horses, worms, time bombs, cancelbots or other techniques that may have the effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or operation.
6. Disclaimer of Warranty YOUR ACCESS, DOWNLOAD AND USE THE APPLICATION AND ASSOCIATED SERVICES IS AT YOUR SOLE RISK. WE PROVIDE THE APPLICATION AND ASSOCIATED SERVICES (INCLUDING THE DISPLAY OF ADVERTISEMENT OR CONTENT PROVIDED BY THIRD PARTY ADVERTISERS) ON AN “AS-IS,” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE APPLICATION AND/OR ASSOCIATED SERVICES, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD AND/OR USE OF THE APPLICATION. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, OR RELIABILITY OF THE APPLICATION AND RELATED SERVICES, (B) THAT THE APPLICATION WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER IN ACCORDANCE WITH ITS DOCUMENTATION, OR (C) THAT ERRORS OR DEFECTS RELATED TO THE APPLICATION WILL BE CORRECTED. WE ALSO DO NOT WARRANT THAT THE APPLICATION, ANY THIRD PARTY ADVERTISEMENT THAT MAY BE DISPLAYED TO YOU, OR THE INFORMATION AVAILABLE THROUGH THE APPLICATION IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE APPLICATION IS TO UNINSTALL AND CEASE USE OF THE APPLICATION AND SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
7. Termination You may terminate this EULA at any time by uninstalling and destroying all copies of the Application in Your possession or control. If you do not comply with this EULA, at any time, we reserve the right to terminate your access to the Services through the Application. We may discontinue and/or alter any aspect, feature, or functionality of the Application or the Services, including, but not limited to, (i) restricting the time the Application or the Services are available, or (ii) restricting or terminating any user’s right to use the Application or the Services, at our sole discretion and without prior notice or liability. We may also, in our sole discretion, terminate your use of the Application or the Services, and disable your use of the Application, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these EULA. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Application or Services.
8. Limitation of Liability YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL NETRADIOPLAYER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THIS AGREEMENT, ADVERTISEMENTS, APPLICATION AND/OR SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DAMAGES, IN SUCH STATE OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
9. Indemnification You agree to indemnify, defend and hold harmless NetRadioPlayer and its affiliates, employees, representatives and agents from and against any claim, demand, action, investigation or other proceeding, including but not limited to all damages, losses, liabilities, judgments, costs and expenses arising or occurring therefrom (including but not limited to reasonable attorney’s fees), brought or sought by any third party to the extent that such claims relate to, or are based on Your breach of this EULA and/or Your use of the Application or Services. You agree to indemnify and hold NetRadioPlayer (and its affiliates, officers, employees, contractors, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) Your use of the Application or Services, (b) Your violation of this EULA; or (c) Your violation of applicable laws or regulations. We reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us and You agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10. Export Controls The Application and the underlying information and technology may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Application, You agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
11. Notice to Government End Users America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights as “commercial Items,” as that terms is defined at 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 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
12. Applicable Law The laws of the State of New York in the United States of America, without regard to conflict of laws principles, shall govern all matters relating to or arising from this EULA, and the use (or inability to use) the Application or Services. You hereby submit to the exclusive jurisdiction and venue of the appropriate State and Federal courts located in New York City, New York, with respect to all matters arising out of or relating to this EULA.
13. Severability and Illegality If any of the provisions of this EULA shall be declared illegal or unenforceable in whole or in part, such provisions shall be severable and independent from the other provisions of this EULA, and the validity of the other provisions and of the entire EULA shall not be affected.
14. Third Party Rights. The provisions of this EULA are intended only to have effect between NetRadioPlayer and Yourself and are not intended to confer any benefit or right of enforcement upon any other person.
15. Customer Concerns. Please let us know of any questions, concerns or problems you have relating to the NetRadioPlayer Application by emailing us at support@NetRadioPlayer.com or mail us at: NetRadioPlayer, PO Box 782, San Leandro, CA 94577. NetRadioPlayer and other trademarks contained in the Application are our trademarks or registered trademarks in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Application. This EULA does not authorize you to use our or our licensors’ names or any of their respective trademarks.
NetRadioPlayer © 2014, All rights reserved.