NATIONAL PUBLIC RADIO, INC. "AudioLocker 1.18.905"
LICENSE AGREEMENT AND WARRANTY DISCLAIMER
I. SOFTWARE
This License Agreement ("Agreement") is for the use of the software
application "AudioLocker 1.16"and later versions, including all
of its source code, files and accompanying documentation ("Software"),
Copyright (C) 1999-2003 National Public Radio, Inc.
II. LIMITED GRANT OF LICENSE
National Public Radio, Inc. ("NPR") hereby grants to the NPR member
identified in article IX ("User’") a non-transferable non-exclusive
limited license to use the Software subject to all of the terms of this Agreement.
III. TERMS AND RESTRICTIONS OF USE
The Software is provided "as is" and NPR will not and has no obligation to
provide technical support or assistance regarding the Software, its use and/or any other
information regarding it
The Software is intended to be used by NPR member stations and is provided to them by
NPR free of charge. User will limit use of the Software to those parties or persons
directly affiliated with the User in its activities as an NPR member station. User may not
use the Software for commercial purposes, nor allow it to be used for commercial purposes.
User may not distribute this Software in any form to parties or persons not directly
affiliated with the User in its activities as an NPR member station, and will not allow
any party or person to retain the Software after leaving the affiliation of the User in
its activities as an NPR member station.
User may not assign, lease, sell, sub-license or otherwise transfer this Agreement or
the Software. Any attempt to do so shall be void and of no effect.
User may make multiple copies of the Software for use by User, providing that all
copies remain under the control of the User and that all copies are used in accordance
with this Agreement and remain subject to the terms of this Agreement.
User has no rights as to upgrades or subsequent versions of the Software.
III. TITLE
Title, ownership rights and intellectual property rights in and to the Software shall
remain at all times in NPR. The algorithms, design and general implementation of the
Software shall remain at all times the intellectual property of NPR. The Software is
protected by the copyright laws of the United States and international copyright treaties.
This Agreement gives User no such rights with regard to the Software.
IV. MODIFICATION OF THE SOFTWARE
The Software may be decompiled, recompiled, rewritten and otherwise modified by User
provided that:
Any modified portion(s) of the Software are clearly identified and commented within the
source code as being modified by User.
Any modified source code, along with a brief summary and description of
the modification(s), must be made freely available to other NPR member stations
and to NPR via the NPR EUonline website (http://www.euonline.org/).
Upon any modification(s) to the Software, User will upload the modified
code to the EUonline website.
User will not distribute any modified portion(s) of the Software to any other party,
except via the EUonline website.
The source code for the Software is written in Visual Basic 6 Professional. NPR does
not and will not provide software to compile the source code provided, or to decompile
and/or recompile the executable files.
NPR will not and has no obligation to provide technical support or assistance regarding
the modification of the Software, its source code, documentation, or any of its files or
constituent parts.
User may not modify the Software in any way which would cause any representation to be
made that title and all intellectual property rights and copyrights reside in or belong to
any other party than NPR.
Modification(s) to the Software, its source code, documentation, or any of its files or
constituent parts shall not affect NPR’s title or rights regarding the Software.
Under no circumstances will any modification of the Software, its source code,
documentation, or any of its files or constituent parts create or result in a new property
in which User or any party other than NPR has any rights.
V. DISCLAIMER OF WARRANTY
THE SOFTWARE IS PROVIDED BY NPR "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED
WARRANTIES OR REPRESENTATIONS REGARDING QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR
PARTICULAR USE, NON-INFRINGEMENT OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES OR
REPRESENTATIONS UNDER LAW, TRADE USAGE, CUSTOM, OR COURSE OF DEALING.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL NPR BE
HELD LIABLE TO USER OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE OR CONSEQUENTIAL HARM, LOSS, COSTS OR DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUE, LOSS OF BUSINESS INFORMATION,
INTERRUPTION OF BUSINESS, LOSS OF DATA OR EQUIPMENT, LOSS OF THE SOFTWARE, LOSS OF MEDIA
OR ANY OTHER LOSS) ARISING FROM ANY USE OF THE SOFTWARE OR INABILITY TO USE THE SOFTWARE,
EVEN IF NPR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USER BEARS FULL RESPONSIBLE FOR DETERMINING THAT USE OF THE SOFTWARE IS COMPATIBLE WITH
AND APPROPRIATE FOR USER’S COMPUTER SYSTEMS. NPR MAKES NO WARRANTIES OR
REPRESENTATIONS OF ANY KIND REGARDING COMPATIBILITY OF THE SOFTWARE WITH ANY COMPUTER
SYSTEM. GOOD DATA PROCESSING PROCEDURE DICTATES THAT ANY PROGRAM BE THOROUGHLY TESTED WITH
NON-CRITICAL DATA BEFORE RELYING ON IT.
ANY MODIFICATION OF THE SOFTWARE IS DONE AT THE RISK OF THE USER, AND THE USER BEARS
THE RESPONSIBILITY FOR ANY HARM OR DAMAGES THAT RESULT FROM MODIFICATION OF THE SOFTWARE.
USER SHALL INDEMNIFY AND HOLD HARMLESS NPR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE OR CONSEQUENTIAL HARM, LOSS, COSTS OR DAMAGES ARISING FROM ANY MODIFICATION TO
THE SOFTWARE.
NO WARRANTY OR REPRESENTATION IS MADE AS TO THE FITNESS OF THE SOFTWARE TO FUNCTION
AFTER DECEMBER 31, 1999 AND THE SOFTWARE IS NOT WARRANTED OR REPRESENTED TO BE YEAR 2000
COMPLIANT. NPR SHALL HAVE NO LIABILITY OR OBLIGATIONS REGARDING YEAR 2000 COMPLIANCE.
VI. TERMINATION
This Agreement and User’s rights hereunder shall automatically terminate if User
fails to comply with any provision of this Agreement. Upon such termination, User shall
cease all use of the Software. Further, User shall delete the Software and destroy any
archival copies of the Software and other materials related to the Software in User’s
possession or under User’s control. In addition to all remedies available at law and
in equity, NPR retains the right to terminate this Agreement at any time, for any reason.
VII. GOVERNING LAW
This Agreement shall be governed by and construed under District of Columbia law
without regard to its choice of law rules, and, where applicable, the laws of the United
States. Any disputes under this Agreement or relating to the Software shall be litigated
in the local or Federal courts located, and the parties hereby consent to personal
jurisdiction and venue, in the District of Columbia.
VIII. ENTIRE AGREEMENT
This Agreement constitutes the complete and exclusive agreement between NPR and User
with respect to the subject matter hereof and supersedes all prior oral or written
understandings, communications and/or agreements not specifically incorporated herein.
This Agreement may not be modified except in a writing duly signed by an authorized
representative of NPR and User. If any provision of this Agreement shall
be held by a court of competent jurisdiction to be illegal, invalid or unenforceable,
the remaining provisions shall remain in full force and effect. Nothing in this Agreement
constitutes a waiver of NPR’s rights under U.S. copyright laws or any other Federal,
state, local or foreign law.
IX. ACCEPTANCE OF THIS AGREEMENT
USER HEREBY ACCEPTS THIS AGREEMENT BY DOING THE FOLLOWING THINGS:
A. ENTERING THE REQUIRED INFORMATION IN ALL THE USER INFORMATION SECTION BELOW AND
TYPING THE PHRASE "I ACCEPT THIS AGREEMENT" IN THE BOX PROVIDED;
B. DOWNLOADING THE SOFTWARE.
