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 RCA® 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 RCA® 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.rcaaudiovideo.com/
downloads
(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 LIMITATION OF LIABILITY OF CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU.
