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