END USER LICENSE AGREEMENT
Copyright © 2008-2015 Jaksta Technologies Pty Ltd. All rights reserved.
Under exclusive license to Applian Technologies Inc.
Schedule
Item 1: Replay Radio Recorder
Item 2: The SOFTWARE will ATTEMPT to record 50% of any streamed media from 3rd PARTY STREAMING MEDIA PROVIDERS in formats specified in the accompanying written materials.
Item 3: The SOFTWARE will ATTEMPT to record 100% of any streamed media from 3rd PARTY STREAMING MEDIA PROVIDERS in formats specified in the accompanying written materials.
IMPORTANT READ CAREFULLY: This End User License Agreement is a legal agreement between the LICENSEE and APPLIAN for the SOFTWARE PRODUCT identified in item 1 of the Schedule. By installing, copying or otherwise using the SOFTWARE PRODUCT, the LICENSEE agrees to be bound by the terms of this EULA. If the LICENSEE does not agree to the terms of this EULA do not install, copy or use the SOFTWARE PRODUCT.
1. Definitions
The following definitions are applicable to this EULA.
1.1 EULA means this End User License agreement.
1.2 LICENSEE means YOU or the organisation (if any) on whose behalf YOU are taking the EULA.
1.3 SOFTWARE PRODUCT or SOFTWARE means the software identified at item 1 in the Schedule and all associated media, printed materials and may include online or electronic documentation.
1.4 APPLIAN means Applian Technologies Inc, 20 Vineyard Ave, San Anselmo, CA 94960, USA.
1.5 LICENSE means the license to use the SOFTWARE granted to the LICENSEE under this EULA.
1.6 TERMS means the terms and conditions that apply to all software and components of software that are not subject to this EULA or otherwise owned by APPLIAN.
1.7 YOU means an individual authorised to use the SOFTWARE as set forth herein.
1.8 3rd Party Streaming Media Providers means any 3rd party that provides via any means, streaming media services or downloadable data that may or may not be recordable or downloadable with the product identified at Item 1 in the Schedule.
1.9 3rd Party Search Providers means any 3rd party that provides video, music and/or radio search facilities used by the product identified at Item 1 in the Schedule.
1.10 RESTRICTED MODE means the software features are restricted as identified at item 2 in the Schedule.
1.11 UNRESTRICTED MODE means the software features are restricted as identified at item 3 in the Schedule.
1.12 ATTEMPT means to try to perform, make, or achieve.
1.13 OPEN SOURCE SOFTWARE means certain “open source” software packages selected by APPLIAN for inclusion in the SOFTWARE's distribution package.
2. Grant of License
2.1 Shareware License. APPLIAN grants the LICENSEE an irrevocable, non transferable non exclusive LICENSE to install and use the SOFTWARE in RESTRICTED MODE in respect of one computer at the same time or as provided by the TERMS (if any).
2.2 Registered License. APPLIAN grants the LICENSEE an irrevocable, non transferable non exclusive LICENSE to install and use the SOFTWARE in UNRESTRICTED MODE in respect of one computer at the same time or as provided by the TERMS (if any), provided the LICENSEE pays an additional fee to APPLIAN to obtain a license key and register this license key with the SOFTWARE and allows the SOFTWARE to access applian.com <http://applian.com> and applian.securesites.com <http://applian.securesites.com> to verify the license key.
2.3 The LICENSEE is permitted to make copies of the SOFTWARE for backup and archival purposes.
3. Covenants
3.1 The LICENSEE hereby covenants to APPLIAN not to, nor permit or offer to: sell, rent, lease, translate, decompile, adapt, vary, modify, disassemble, reverse engineer, create derivative works of, modify, sub-license, loan, or distribute the SOFTWARE other than with the express and written permission of APPLIAN.
3.2 The LICENSEE further covenants not to distribute the SOFTWARE license keys except with the express and written permission of APPLIAN.
4. Assignment
4.1 The LICENSEE may not assign or transfer its rights and obligations in this EULA without the prior written consent of APPLIAN.
5. Termination
5.1 Upon the happening of any of the following events APPLIAN has the right to immediately terminate this EULA;
(1) The LICENSEE commits a breach of any of the covenants contained in clause 3.1 and 3.2.
(2) The LICENSEE attempts to assign or transfer its interest in the SOFTWARE to any other company or person without the express and written consent of APPLIAN.
5.2 The LICENSEE may terminate this agreement at any time by giving APPLIAN 30 days notice in writing of its decision to terminate this EULA.
5.3 Termination of this EULA will terminate the LICENSE but will not relieve the LICENSEE from any expressed or implied obligation under this EULA.
5.4 On termination of this EULA the LICENSEE will:
(1) Immediately delete the SOFTWARE from any computer on which it is installed.
6. Warrants
6.1 APPLIAN warrants that the SOFTWARE will perform substantially in accordance with the Schedule and the accompanying written materials for thirty (30) days or the shortest time permitted by applicable law, whichever is greater.
6.2 The warranty under clause 6.1 does not apply to defects in the SOFTWARE due to accident, abuse, misapplication, abnormal use or a malware.
6.3 The LICENSEE acknowledges that errors may exist in the SOFTWARE and that APPLIAN will not be responsible for any loss or damage arising from any errors in the SOFTWARE.
6.4 The LICENSEE acknowledges that 3rd PARTY STREAMING MEDIA PROVIDERS can at their discretion change the technologies and licensing agreements required to stream and/or download media from their websites and that the SOFTWARE may not technically and/or legally be able to record such media and therefore the warranty under clause 6.1 does not apply to the SOFTWARE's ability and/or inability to record any particular streaming or downloadable media.
6.5 The LICENSEE acknowledges that 3rd PARTY SEARCH PROVIDERS can at their discretion change the technologies and licensing agreements required to provide the SOFTWARE's search features and functions and that the SOFTWARE may not technically and/or legally be able to continue to use such providers at some point in the future and therefore the warranty under clause 6.1 does not apply to the SOFTWARE's ability and/or inability to perform a search at any given time.
6.6 The LICENSEE acknowledges that the SOFTWARE may send performance and/ or usage statistics to APPLIAN.
6.7 The LICENSEE acknowledges that OPEN SOURCE SOFTWARE has been selected by APPLIAN for inclusion in the SOFTWARE, and that OPEN SOURCE SOFTWARE is not owned by APPLIAN, and that OPEN SOURCE SOFTWARE is distributed by APPLIAN to the LICENSEE for the LICENSEE's use under the terms of certain open source license agreements, copies of which are included within the SOFTWARE's distribution package and software about pages. The LICENSEE acknowledges that OPEN SOURCE SOFTWARE is third-party software that has not been manufactured, tested or otherwise approved by APPLIAN and that nothing in this EULA shall obligate APPLIAN to provide any support for the OPEN SOURCE SOFTWARE.
6.8 No employee, agent or representative of APPLIAN has the authority to bind APPLIAN to any oral representation or warranty concerning the SOFTWARE. Any written representation or warranty not contained in this EULA will not be enforceable by the LICENSEE.
7. Exclusions
7.1 To the maximum extent permitted by law, APPLIAN excludes, for itself and any supplier of software incorporated in the SOFTWARE, all liability for all claims, expenses, losses, damages and costs made against or incurred or suffered by the LICENSEE directly or indirectly (including without out limitation lost costs, profits and data) arising out of:
(1) Use or misuse of the SOFTWARE;
(2) Inability to use or obtain access to the SOFTWARE;
(3) Negligence of APPLIAN or its employees, contractors or agents, or of any supplier of software incorporated in the SOFTWARE, in connection with the performance of APPLIAN's obligations under this EULA; or
(4) Termination of the EULA by either party for any reason.
8. Limitations
8.1 The SOFTWARE is provided “AS IS” and all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this EULA or to this EULA generally, including without limitation, warranties as to: quality, fitness; merchantability; correctness; accuracy; reliability; correspondence with any description or sample, meeting the LICENSEEs or any other requirements; uninterrupted use; compliance with any relevant legislation and being error or malware free are excluded.
9. Severability
9.1 If anything in this EULA is unenforceable, illegal or void then it is severed and the rest of this EULA remains in force.
9. Applicable Law
9.1 The internal laws of the State of California govern this EULA.
9.1 The LICENSEE and APPLIAN submit to the exclusive jurisdiction of the courts for the State of California, or if there is federal jurisdiction, the United States District Court for the State of California.
10. Uninstallation
10.1 To uninstall, first close this SOFTWARE PRODUCT if it is running.
10.2 Windows XP: Go to Start/Control Panel. Double click on Add or Remove Programs. Find this SOFTWARE PRODUCT in list of programs under Currently installed programs. Click Remove. The SOFTWARE PRODUCT uninstall process will start. Follow the prompts.
10.3 Windows Vista: Go to Start/Control Panel. Double click on Programs and Features. Find this SOFTWARE PRODUCT in the list of programs. Click on Uninstall/Change. The SOFTWARE PRODUCT uninstall process will start. Follow the prompts.
10.4 Windows 7: Go to Start/Control Panel/Programs/Uninstall a Program. Find this SOFTWARE PRODUCT in your list of programs and click on Uninstall/Change. The SOFTWARE PRODUCT uninstall process will start. Follow the prompts.