UdoRadio 2.6

EULA - End User License Agreement

UDO Entertainment
END-USER LICENSE AGREEMENT
IMPORTANT- READ CAREFULLY: This UDO Entertainment End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and UDO Entertainment for the software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("software product"). By installing, copying, or otherwise using the software product, 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 product; you may, however, return it to your place of purchase for a full refund.

SOFTWARE PRODUCT LICENSE

The software product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The software product is licensed, not sold.

1. Grant Of License This EULA grants you the following rights:

Applications Software. You may install and use one copy of the software product, or any prior version for the same operating system, on a single computer. The primary user of the computer on which the software product is installed may make a second copy for backup only. The primary user is not permitted to make, install or use a second copy on a portable computer. One separate, licensed copy of the software product must be obtained for each computer, desktop or portable.

UDO Entertainment Secure Web Server Access. If this software product is provided with a usage metering and/or access security feature, you agree to permit, assist and facilitate access at your expense by this software product, with the assistance of UDO Entertainment, as necessary, to the appropriate UDO Entertainment web server as required by the feature. Such software product is clearly marked and an information banner will appear during the installation and periodically during operation of such software product. You agree that failure on your part to permit such external access on a regular basis will result in automatic suspension of the software product?s capability to operate. You further agree to indemnify and hold UDO Entertainment harmless for any eventuality resulting from such automatic suspension of the software product that may result from your failure to permit, assist and facilitate this feature. You agree that UDO Entertainment? liability and that of its suppliers, agents and contractors in the event of suspension, in any eventuality, is strictly limited to replacement or re-activation of the suspended software product.

Storage/Network Use. You may also store or install a copy of the software product on a storage device, such as a network server, used only to install or run the software product on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the software product is installed or run from the storage device. A license for the software product may not be shared or used concurrently on different computers.

License Pack. If you have acquired this EULA in a UDO Entertainment license pack, you may make the number of additional copies of the computer software portion of the software product authorized on the printed copy of this EULA, and you may use each copy only in the manner specified above.

2. Description Of Other Rights And Limitations

Not For Resale Software. If the software product is labeled "not for resale" or "nfr", then, notwithstanding other sections of this EULA, you may not resell, or otherwise transfer for value, the software product.

Beta Software. If the software product is labeled and/or represented to you by UDO Entertainment as "beta", ?field test? or "pre-release", then, notwithstanding other sections of this EULA, you agree to keep all information about the software product confidential between you and UDO Entertainment. You agree to indemnify and hold harmless UDO Entertainment against any failure of the software product to perform in its pre-general availability status. UDO Entertainment makes no warranties, assurances or representation with regard to such pre-general availability software product.

Limitations On Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the software product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Separation of Components. The software product is licensed as a single product. Its component parts may not be separated for use on more than one computer.

Rental. You may not rent, lease, or lend the software product.

Support. UDO Entertainment may provide you with support services related to the software product ("support services"). Use of support services is governed by the UDO Entertainment Policies and Programs described in the User Manual, in "online" documentation, and/or in other UDO Entertainment-provided materials. Any supplemental software code provided to you as part of the support services shall be considered part of the software product and subject to the terms and conditions of this EULA.

With respect to technical information you provide to UDO Entertainment as part of the support services, UDO Entertainment may use such information for its business purposes, including for product support and development. UDO Entertainment will not utilize such technical information in a form that personally identifies you.

Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the software product (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, thecertificate of authenticity), and the recipient agrees to the terms of this EULA. If the software product is an upgrade, any transfer must include all prior versions of the software product.

Termination. Without prejudice to any other rights, UDO Entertainment 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 product and all of its component parts.

Upgrades. If the software product is labeled as an upgrade, you must be properly licensed to use a product identified by UDO Entertainment as being eligible for the upgrade in order to use the software product. A software product labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the software product is an upgrade of a component of a package of software programs that you licensed as a single product, the software product may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.

Copyright. All title and copyrights in and to the software product (including but not limited to anyimages, photographs, animations, video, audio, music, text, downloaded materials and "applets" incorporated into the software product), the accompanying printed materials, and any copies of the software product are owned by UDO Entertainment or its suppliers. The software product is protected by copyright laws and international treaty provisions. Therefore, you must treat the software product like any other copyrighted material except that you may install the software product on a single computer providedyou keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the software product. If desired, additional copies of printed materials may be purchased from UDO Entertainment

Dual-Media Software. You may receive the software product in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. Youmay not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the software product.

U.S. Government Restricted Rights. The software product and documentation are provided with restricted rights. Use, duplication, or disclosure by the government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the rights in technical data and computer software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is UDO Entertainment at 13618 Bluestone Ct Clifton, Virginia 20124.

3. Miscellaneous

If you acquired this product in the United States, this EULA is governed by the laws of the State of Virginia. If this product was acquired outside the United States, then local law may apply.

If you have any questions concerning this EULA, or if you desire to contact UDO Entertainment for any reason, please contact the UDO Entertainment subsidiary serving your country, or write to: UDO Entertainment Sales Information Center at 13618 Bluestone Ct Clifton, Virginia 20124.

4. Limited Warranty

UDO Entertainment warrants that (a) the software product will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any support services provided by UDO Entertainment shall be substantially as described in applicable written materials provided to you by UDO Entertainment. During the Limited Warranty period, UDO Entertainment support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the software product, if any, are limited to ninety (90) days.

Customer Remedies. UDO Entertainment? and its suppliers entire liability and your exclusive remedy shall be, at UDO Entertainment? option, either (a) return of the price paid, if any, or (b) repair or replacement of the software product that does not meet UDO Entertainment? Limited Warranty and which is returned to UDO Entertainment with a copy of your receipt or invoice. This Limited Warranty is void if failure of the software product has resulted from use of unauthorized or illegally copied software product, accident, abuse, or misapplication. Any replacement software product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by UDO Entertainment are available without proof of purchase from an authorized international source.

No Other Warranties. To the maximum extent permitted by applicable law, UDO Entertainment and its suppliers disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the software product, and the provision of or failure to provide support services. This Limited Warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction.

Limitation of Liability. To the maximum extent permitted by applicable law, in no event shall UDO Entertainment or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the software product or the provision of or failure to provide support services, even if UDO Entertainment has been advised of the possibility of such damages. In any case, UDO Entertainment? entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by you for the software product or U.S. $5.00; provided, however, if you have entered into a UDO Entertainment Support Agreement, UDO Entertainment? entire liability regarding support services shall be governed by the terms of that agreement. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.