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ShoutIRC.com RadioBot End User License Agreement ("EULA")
ShoutIRC.com owns all intellectual property in the Software. ShoutIRC.com permits you to Use the Software only in accordance with the terms of this Agreement. Use of some third party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement, usually located in your `Licenses` folder.
1. Definitions. "Software" means (a) all of the contents of the files (provided either by electronic download, on physical media or any other method of distribution), disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) ShoutIRC.com or third party computer information or software, including the ShoutIRC Bot ("RadioBot", "IRCBot"), the Bot Client ("Client", "Client3", and "Client5"); (ii) related explanatory written materials or files ("Documentation"); and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by ShoutIRC.com (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy, or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by ShoutIRC.com. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. "ShoutIRC.com" means the operator of ShoutIRC.com, Indy Sams, his affiliated entitities, and his suppliers.
2. Software License. If you obtained the Software from ShoutIRC.com or one of its authorized licensees, and subject to your compliance with the terms of this agreement (this "Agreement"), including the restrictions in Section 3, ShoutIRC.com grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation as follows.
2.1 General Use. You may install and Use a copy of the Software on your compatible Computer, up to the Permitted Number of computers. The Software may not be shared, installed or used concurrently on different computers. You may not run more than one instance of the Software per License, whether they be on the same or different computer(s). See Section 3 for important restrictions on the Use of the Software.
2.2 Backup Copy. You may make one backup copy of the Software, provided your backup copy is not installed or used on any Computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 4.
2.3 No Modification. You may not modify, adapt, translate or create derivative works based upon the Software. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested ShoutIRC.com to provide the information necessary to achieve such operability and ShoutIRC.com has not made such information available. ShoutIRC.com has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any such information supplied by ShoutIRC.com and any information obtained by you by such permitted decompilation may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to the ShoutIRC.com Customer Support Department.
2.4 Third Party Website Access. The Software may allow you to access third party websites ("Third Party Sites"). Your access to and use of any Third Party Sites, including any goods, services or information made available from such sites, is governed by the terms and conditions found at each Third Party Site, if any. Third Party Sites are not owned or operated by ShoutIRC.com. YOUR USE OF THIRD PARTY SITES IS AT YOUR OWN RISK. SHOUTIRC.COM MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE THIRD PARTY SITES.
2.5 Intellectual Property and Patent Licenses. ShoutIRC.com has not obtained any intellectual property and/or patent licenses on your behalf, including but not limited to MP3, AAC+, and other codecs. It is up to you to comply with the requirements of each intellectual property and/or patent license holder.
3. Restrictions.
3.1 Notice. You shall not copy the Software except as set forth in Section 2. Any copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software.
3.2 NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services with the Software without the express consent of ShoutIRC.com.
3.3 TERMINATION. Without prejudice to any other rights, ShoutIRC.com may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
4. Transfer. You may not rent, lease, sublicense, assign or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto another user's Computer except as may be expressly permitted herein. You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you also transfer (i) this Agreement, and (ii) the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, to such person or entity, (b) you retain no copies, including backups and copies stored on a Computer, and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software.
5. Intellectual Property Ownership, Copyright Protection. The Software and any authorized copies that you make are the intellectual property of and are owned by ShoutIRC.com. The structure, organization and code of the Software are the valuable trade secrets and confidential information of ShoutIRC.com. The Software is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by ShoutIRC.com.
6. Updates. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use such Update. All Updates are provided to you on a license exchange basis. You agree that by Using an Update you voluntarily terminate your right to use any previous version of the Software. As an exception, you may continue to Use previous versions of the Software on your Computer after you Use the Update but only to assist you in the transition to the Update, provided that: (a) the Update and the previous versions are installed on the same computer; (b) the previous versions or copies thereof are not transferred to another party or Computer unless all copies of the Update are also transferred to such party or Computer; and (c) you acknowledge that any obligation ShoutIRC.com may have to support the previous versions of the Software may be ended upon availability of the Update.
7. Refunds. The buyer may receive a 100% refund if the request is made within 7 days of purchase or a 50% refund up to 30 days after purchase. After 30 days from purchase no refunds will be given.
8. NO WARRANTY. The Software is being delivered to you "AS IS" and ShoutIRC.com makes no warranty as to its use or performance. ShoutIRC.com provides no technical support, warranties or remedies for the Software. SHOUTIRC.COM DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, SHOUTIRC.COM MAKES NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Section 8 and Section 9 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement.
9. LIMITATION OF LIABILITY. IN NO EVENT WILL SHOUTIRC.COM BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN SHOUTIRC.COM REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. SHOUTIRC.COM'S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits ShoutIRC.com's liability to you in the event of death or personal injury resulting from ShoutIRC.com's negligence or for the tort of deceit (fraud). ShoutIRC.com is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose.
10. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of ShoutIRC.com. Updates may be licensed to you by ShoutIRC.com with additional or different terms. This is the entire agreement between ShoutIRC.com and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
11. Compliance with Licenses. You agree that upon request from ShoutIRC.com or ShoutIRC.com's authorized representative, you will within fourteen (14) days fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from ShoutIRC.com.
If you have any questions regarding this Agreement or if you wish to request any information from ShoutIRC.com please use the address and contact information included with this product or via the web at www.ShoutIRC.com to contact the ShoutIRC.com office serving your jurisdiction. |
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