Jamlet.com division of RTZ Software inc.
JAMLET.COM 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
or Jamlet.com 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. Jamlet.com 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 Jamlet.com web
site, including but not limited to the Terms of Use and the
Jamlet.com 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.
Jamlets provided by third parties are available on or thru this site.
Jamlet.com requires Jamlets hosted on Jamlet.com do not infringe
on the copyrights of others.
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
or Jamlet.com 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
AND JAMLET.COM 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.
Jamlet.com or 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 OR JAMLET.COM 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
OR JAMLET.COM 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.
Jamlet.com, PO Box 610457 North Miami FL 33261-0457.
8. GOVERNING LAW. The http://www.Jamlet.com web site
through which this SOFTWARE may be downloaded is controlled by
Jamlet.com from its facilities in the United States of
America. Jamlet.com 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. Jamlet.com 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
Jamlet.com web site periodically to review the then current and
effective terms and conditions for use of the SOFTWARE, as well
as the Jamlet.com 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
Jamlet.com web site at:
http://www.Jamlet.com/terms/SoftwareLicenseAndDisclaimer.shtml
10. NO WAIVER. No delay or failure to take action under these
terms and conditions will constitute a waiver by Jamlet.com
unless expressly waived in writing by a duly authorized officer
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