Contrat de licence Cowon Jetaudio

END-USER LICENSE AGREEMENT FOR JETAUDIO

NOTICE TO USER: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and the JetAudio, Inc. (JAI) for the SOFTWARE(s) identified above, which includes any associated SOFTWARE components, any media, any printed materials, and any "online" or electronic documentation ("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE.

1. LICENSE GRANT.

JAI grants you a limited, non-exclusive, non-transferable, royalty-free license to use the executable code of the SOFTWARE on your computer as long as the terms of this agreement are respected. "Use" means storing, loading, installing, executing or displaying the SOFTWARE. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE's programming features. This license is not transferable to any other hardware product or other company, entity, or individual.

This SOFTWARE is being distributed as freeware. Use within the scope of this license is free of charge and no royalty or licensing fees shall be payable by you. Evaluate its usefulness and functionality before making a purchase of the FULL versionthat is available for sale on our website.

Any use of the SOFTWARE which is illegal under international or local law is forbidden by this licence. Any such action is the sole responsibility of the person committing the action.

2. TRANSFERRING or BROADCASTING COPYRIGHTED MATERIAL.

Copying, distributing or broadcasting copyrighted files (e.g. broadcasting music through internet) may violate United States and foreign copyright laws. Compliance with the copyright law remains your responsibility. Users who infringe on copyrights may be held liable by the copyright owner. If JAI becomes aware that you are using its products to infringe on copyrights owned by others, we will discontinue your account in accordance with the Digital Millennium Copyright Act.

3. RESTRICTIONS.

You agree that you will not attempt to reverse compile, modify, adapt, copy, emulate, clone, disassemble the SOFTWARE in whole or in part, or otherwise attempt to discover the source code of the SOFTWARE (except and solely to the extent an applicable statute expressly and specifically prohibits such restrictions). You may not sublicense, rent, lease, resell for profit or otherwise dispose of the SOFTWARE without our written permission. You may not grant a security interest in, or otherwise transfer rights to the SOFTWARE. You may not remove any proprietary notices or labels on the SOFTWARE. Usage of the SOFTWARE may violate the copyright of the modified material. It is your responsibility to respect all legal aspects. You don't have the right to release to public any programs which were altered using the SOFTWARE, if not expressively granted by the respective authors. You may not use the SOFTWARE to perform any unauthorized transfer of information (e.g. transfer of files in violation of a copyright) or for any illegal purpose.

4. SEVERABILITY.

In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.

5. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.

IN NO EVENT SHALL JAI OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF JAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL JAI' LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY. JAI SHALL HAVE NO OBLIGATION TO YOU WITH RESPECT TO ANY CLAIM OF INFRINGEMENT BASED UPON YOUR USE OF THE SOFTWARE IN COMBINATION, OPERATION OR OTHERWISE WITH THE DATA OR MATERIALS NOT SUPPLIED BY JAI.

6. COPYRIGHT.

The SOFTWARE is protected by copyright laws and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of the JAI and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.

7. DISCLAIMER OF WARRANTY.

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED ON AN "AS IS" BASIS AND YOU ASSUME FULL RESPONSIBILITY FOR DETERMINING THE SUITABILITY OF THE PROGRAM AND FOR RESULTS OBTAINED. JAI DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FREE OF DEFECTS, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NEITHER JAI NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATIONS, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, DATA LOSS, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF JAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU AND NOT JAI OR ITS SUPPLIERS ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR.

SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT LIABILITY IS BY LAW INCAPABLE OF EXCLUSION OR RESTRICTION.

IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE LICENSE FEE PAID TO JAI.

8. DIGITAL RIGHTS MANAGEMENT.

Content providers are using the Microsoft digital rights management technology for Windows Media distributed with this software ("WM-DRM") to protect the integrity of their content ("Secure Content") so that their intellectual property, including copyright, in such content is not misappropriated. Portions of this software and other 3rd party applications use WM-DRM to play Secure Content ("WM-DRM Software"). If the WM-DRM Software's security has been compromised, owners of Secure Content ("Secure Content Owners") may request that Microsoft revoke the WM-DRM Software's right to copy, display and/or play Secure Content. Revocation does not alter the WM-DRM Software's ability to play unprotected content. A list of revoked WM-DRM Software is sent to your computer whenever you download a license for Secure Content from the Internet. Microsoft may, in conjunction with such license, also download revocation lists onto your computer on behalf of Secure Content Owners. Secure Content Owners may also require you to upgrade some of the WM-DRM components distributed with this software ("WM-DRM Upgrades") before accessing their content. When you attempt to play such content, WM-DRM Software built by Microsoft will notify you that a WM-DRM Upgrade is required and then ask for your consent before the WM-DRM Upgrade is downloaded. Non-Microsoft WM-DRM Software may do the same. If you decline the upgrade, you will not be able to access content that requires the WM-DRM Upgrade; however, you will still be able to access unprotected content and Secure Content that does not require the upgrade. WM-DRM features that access the Internet, such as acquiring new licenses and/or performing a required WM-DRM Upgrade, can be switched off. When these features are switched off, you will still be able to play Secure Content if you have a valid license for such content already stored on your computer.

9. DISTRIBUTION.

You are hereby licensed to make copies of the SOFTWARE as you wish; give exact copies of the original SOFTWARE to anyone; and distribute the SOFTWARE in its unmodified form via electronic means (Internet, BBS's, Shareware distribution libraries, CD-ROMs, etc.). You may charge a distribution fee for the package, but you must not represent in any way that you are selling the SOFTWARE itself. Your distribution of the SOFTWARE will not entitle you to any compensation from JAI. You must distribute a copy of this EULA with any copy of the SOFTWARE and anyone to whom you distribute the SOFTWARE is subject to this EULA.

10. TERMINATION.

This Agreement and the license granted hereunder will terminate automatically if you fail to comply with the limitations described herein. Upon termination, you must destroy all copies of the SOFTWARE and documentation.

11. RESERVED RIGHTS.

All rights not expressly granted here are reserved to JAI and/or the respective authors (listed either in the documentation or within the SOFTWARE). JAI reserves the right to make exceptions to any of these conditions, or alter these conditions, at any time. However, you may always use these conditions instead of any altered version if you prefer (note that this licence explicitly applies only to one version of the program; therefore, if JAI makes new conditions in connection with a future version, you do not then have the right to apply these conditions to that version instead).

12. MISCELLANEOUS.

Should you have any questions concerning this EULA, or if you desire to contact JAI for any reason, please contact by electronic mail at: support@jetaudio.com.