6
End User License Agreement
End user license agreement
IMPORTANT: READ CAREFULLY BEFORE DOWNLOADING OR
INSTALLING THIS SOFTWARE!
THIS END USER LICENSE AGREEMENT (THIS “EULA”) IS A LEGAL
AGREEMENT BETWEEN YOU AND AUDIOVOX CORPORATION AND,
AS APPLICABLE, ANY AUDIOVOX SUBSIDIARY, AS DEFINED BELOW
(COLLECTIVELY “AUDIOVOX”), FOR THE ACOUSTIC RESEARCH®
BRAND INTERNET RADIO DEVICE APPLICATION/DRIVER
SOFTWARE PROGRAM WHICH MAY INCLUDE ASSOCIATED
SOFTWARE COMPONENTS, SOFTWARE LICENSED BY AUDIOVOX
FROM THIRD PARTIES (“LICENSORS”) AND ASSOCIATED
DOCUMENTATION, IF ANY (COLLECTIVELY, THE “PROGRAM”). THIS
EULA CONTAINS IMPORTANT LEGAL LIMITATIONS, RESTRICTIONS
AND DISCLAIMERS, AND ALSO SPECIFIES THE DURATION OF
YOUR LICENSE.
BY INSTALLING THE PROGRAM OR CLICKING ON THE
ACCEPTANCE BUTTON OF THE PROGRAM, COPYING OR
OTHERWISE USING THE PROGRAM, YOU ACKNOWLEDGE AND
AGREE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND
AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. THIS
PROGRAM IS PROTECTED BY COPYRIGHT LAWS AND
INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER
INTELLECTUAL PROPERTY LAWS AND TREATIES. YOU MAY USE
THE PROGRAM ONLY IN ACCORDANCE WITH THIS EULA, AND ANY
SUCH USE IS HEREBY UNDERSTOOD TO BE CONDITIONAL UPON
YOUR SPECIFIC AGREEMENT TO THE UNMODIFIED TERMS SET
FORTH HEREIN. IF YOU DO NOT AGREE WITH ALL OF THE TERMS
OF THIS EULA, CLICK ON THE REJECTION BUTTON AND/OR DO
NOT INSTALL THE PROGRAM AND/OR DO NOT USE THE
PROGRAM.
1. LICENSE
(a) Under this EULA, you are granted a non-exclusive, non-
sublicenseable, non-assignable and non-transferable (except
as expressly set forth below) license (i) to use and install the
Program on a single workstation, and (ii) to make one (1)
copy of the Program into any machine-readable form for
backup of the Program, provided the copy contains all of the
original Program's proprietary notices.
(b) You may transfer the Program and license to another party
only as a part of the Acoustic Research® brand Internet Radio
Device (the “Device”), and only if the other party agrees to
accept the terms and conditions of this EULA. If you transfer
the Program, you must at the same time either transfer all
copies to the same party or destroy any copies not
transferred.
(c) The terms of this EULA will govern any software upgrades or
updates provided by AUDIOVOX that replace and/or
supplement the original Program, unless such upgrade or
update is accompanied by separate license terms and
conditions in which case the terms of that separate license
will govern. You acknowledge and agree that AUDIOVOX
may automatically download upgrades or updates to the
Program software to your computer in order to update,
enhance, and/or further develop the Program.
2. LICENSE RESTRICTIONS
(a) Except for the licenses expressly granted to you in this EULA,
no other licenses or rights are granted or implied.
(b) You may not (i) make the Program available over a network
where it could be used by multiple computers at the same
time; (ii) modify, translate, reverse engineer, decompile,
disassemble (except to the extent that this restriction is
expressly prohibited by law), or create derivative works
based upon the Program; (iii) copy the Program, except as
expressly permitted herein; (iv) remove or alter any copyright
notices on all copies of the Program; or (v) rent, lease or lend
the Program. You agree that you shall only use the Program
in a manner that complies with all applicable laws in the
jurisdictions in which you use the Program, including, but
not limited to, applicable restrictions concerning copyright
and other intellectual property rights.
(c) The Program may contain pre-release code that does not
perform at the level of a final code release. In such case, the
Program may not operate properly. Updated versions of the
Program may be downloaded from www.arinfiniteradio.com.
(d) AUDIOVOX is not obligated to provide support services for
the Program.
(e) The Program is provided with “RESTRICTED RIGHTS”. Use,
duplication, or disclosure by the U.S. Government is subject
to restrictions as set forth in subparagraph (c)(1)(ii) of DFARS
252.227-7013, or FAR 52.227-19, or in FAR 52.227-14 Alt. III, as
applicable.
3. TERM AND TERMINATION
(a) Your license is effective on the date you accept this EULA
and remains in effect until this EULA is terminated by either
party.
(b) You may terminate this EULA and the associated license,
without any notice or delay, by destroying or permanently
erasing the Program and all copies thereof.
(c) If you fail to comply with any of the terms of this EULA, in
whole or part, your license will automatically terminate
without notice from AUDIOVOX.
(d) Upon termination of this EULA and your associated license,
you shall cease all use of the Program and destroy or
permanently erase the Program and all full or partial copies
thereof.
4. WARRANTY DISCLAIMER
THE PROGRAM IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-
INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
PROGRAM PROVE DEFECTIVE, YOU (AND NOT AUDIOVOX, ITS
LICENSORS, SUPPLIERS, OR ITS DEALERS) ASSUME THE ENTIRE
COST FOR ALL NECESSARY REPAIR OR CORRECTION.
This exclusion of warranty may not be allowed under some
applicable laws. As a result, the above exclusion may not apply to
you, and you may have other rights depending on the law that
applies to you.
5. OWNERSHIP RIGHTS
All title and intellectual property rights, including but not limited
to copyrights, in and to the Program and any copies thereof are
owned by AUDIOVOX, its Licensors or its suppliers. All title and
intellectual property rights in and to the content which may be
accessed through use of the Program is the property of the
respective content owner and may be protected by applicable
copyright or other intellectual property laws and treaties. This
license grants you no rights to use such content. All rights not
expressly granted are reserved by AUDIOVOX or its Licensors.
6. LIMITATION OF LIABILITY
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL AUDIOVOX, ITS LICENSORS, OR ITS
DEALERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES,
LOSS OF BUSINESS INFORMATION, OR ANY OTHER
PECUNIARY LOSS) REGARDLESS OF CAUSE OR FORM OF
ACTION, INCLUDING CONTRACT, TORT, OR NEGLIGENCE,
ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE
PROGRAM, EVEN IF AUDIOVOX HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES
AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR