Back ShiftCast End user license agreement
This license applies to ShiftRadio
Last modified 1/9/06
This is a legal agreement between the end user and ShiftRadio. 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, ShiftRadio 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 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 (b) comply with all applicable laws, including U.S. export control laws, in your Use of the Licensed Software, (c) not remove, alter or obscure any proprietary notices (including copyright notices) of ShiftRadio, ShiftRadio or its licensors in the Licensed Software, (d) not use the Licensed Software for purposes for which it is not designed
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. ShiftRadio, 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. ShiftRadio, 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 ShiftRadio OR THROUGH OR FROM THE LICENSED SOFTWARE SHALL CREATE ANY WARRANTY.
3.2. Limitation of Damages. NEITHER ShiftRadio NOR ANY OF ITS LICENSORS OR SUPPLIERS WILL HAVE ANY, AND YOU RELEASE ShiftRadio 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 ShiftRadio HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ShiftRadio’S ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNT YOU, THE END USER, PAID FOR THIS LICENSE. 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: ShiftRadio does not warrant that the Licensed Software will be compatible with your particularportable media device, computer hardware or other software installed on your system. Compatibility issues may cause your computer or device`s performance to suffer. In the event that the Licensed Software is not compatible with your hardware or other software installed on your 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 ShiftRadio, and by re-formatting your portable memory storage drive. 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 ShiftRadio 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 Pennsylvania, 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 ShiftRadio 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 ShiftRadio. If you violate any term of this Agreement, ShiftRadio may terminate this Agreement without waiving any other rights.