iPOPMusic 2.5

Music On Demand
End User License Agreement
(Last updated June 2005)

This is a legal agreement between the end user and www.musicondemand.net. Use of this software indicates your acceptance of these terms.

1. SOFTWARE LICENSE. As long as you comply with, and subject to, the terms of this Agreement, www.musicondemand.net grants to you a non-exclusive, nontransferable, revocable license to Use the Licensed Software, in binary executable form only, solely for the purposes described in the this Agreement.

2. RESTRICTIONS. As a condition of this license, you will: (a) not distribute, lend, license, grant or otherwise transfer the Licensed Software, (b) not reverse engineer, disassemble or decompile the Licensed Software or attempt to discover or recreate the source code to the Licensed Software, except as otherwise required by applicable law (c) comply with all applicable laws, including U.S. export control laws, in your Use of the Licensed Software, (d) not make any modification, adaptation, improvement, enhancement, translation or derivative work of or to the Licensed Software, (e) not remove, alter or obscure any proprietary notices (including copyright notices) of Music On Demand (www.musicondemand.net), www.musicondemand.net or its licensors in the Licensed Software, (f) not use the Licensed Software for purposes for which it is not designed, and (g) only Use the Licensed Software for personal, non-commercial use.

3. Disclaimer of Warranties and Remedies; Indemnity.

3.1. No Warranty; Disclaimer. YOUR USE OF THE LICENSED SOFTWARE IS AT YOUR SOLE RISK. THE LICENSED SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. www.musicondemand.net, AND ITS CONTRACTORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. www.musicondemand.net, AND ITS CONTRACTORS AND SERVICE PROVIDERS, MAKE NO WARRANTY THAT (i) THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LICENSED SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE LICENSED SOFTWARE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE LICENSED SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LICENSED SOFTWARE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM www.musicondemand.net OR THROUGH OR FROM THE LICENSED SOFTWARE SHALL CREATE ANY WARRANTY.

3.2. Limitation of Damages. NEITHER www.musicondemand.net NOR ANY OF ITS LICENSORS OR SUPPLIERS WILL HAVE ANY, AND YOU RELEASE www.musicondemand.net AND ALL OF ITS LICENSORS AND SUPPLIERS FROM ANY, LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE OR OTHERWISE) FOR ANY DAMAGES SUSTAINED BY YOU ARISING FROM THE USE OR INABILITY TO USE THE LICENSED SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF DATA, SAVINGS, OR PROFITS OR THE COST OF PROCURING SUBSTITUTE GOODS, EVEN IF www.musicondemand.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL www.musicondemand.net’S ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED $100.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGE. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

4. Compatibility. www.musicondemand.net does not warrant that the Licensed Software will be compatible with your hardware or other software installed on your computer system. Compatibility issues may cause your computer’s performance to suffer. In the event that the Licensed Software is not compatible with your hardware or other software installed on your computer system, the Licensed Software can be uninstalled by going to the Add/Remove Programs menu on your computer and clicking the Remove button next to the entries for www.musicondemand.net. Like all software, the Licensed Software utilizes some of your computer’s resources to run, including system memory. Use of the Licensed Software on a computer with inadequate system resources will cause such computer’s performance to suffer.

5. User Representations and Warranties. You acknowledge, represent and warrant that (i) you own the computer on which you are installing the Licensed Software, or have the authority to install the Licensed Software on such computer; (ii) your installation and/or Use of the Licensed Software will not violate any local, state or federal laws that apply to you, or the use or installation of the Licensed Software; and (iii) that www.musicondemand.net is not causing the Licensed Software to be installed on your computer, but has provided the Licensed Software to you, which you are installing of your own volition.

6. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of New York, U.S.A., without regard to its choice of law principles to the contrary. You hereby irrevocably consent to the jurisdiction and venue of the federal, state and local courts, in connection with any action arising out of or in connection with this Agreement.

7. Miscellaneous. You must be at least 14 years of age to use the Licensed Software. By accepting the terms of this Agreement and Using the Licensed Software you represent that you are over the age of 14. This is the entire agreement between www.musicondemand.net and you relating to the Licensed Software, and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Licensed Software. If any part of this Agreement is held by a court to be illegal, invalid or unenforceable, it will not affect the validity of the balance of the Agreement, which will remain valid and enforceable according to its terms. This Agreement may only be modified by a writing signed by an authorized officer of www.musicondemand.net. If you violate any term of this Agreement, www.musicondemand.net may terminate this Agreement without waiving any other rights.