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LIFE AFTER

NAPSTER, INC. END-USER SOFTWARE LICENSE AGREEMENT

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS

BEFORE USING THE SOFTWARE WHICH CAN BE DOWNLOADED FROM THE

NAPSTER WEBSITE, ALONG WITH ANY ACCOMPANYING DOCUMENTATION (THE

SOFTWARE AND ITS DOCUMENTATION WILL BE REFERRED TO HEREIN AS

THE “SOFTWARE”).

YOUR USE OF THE SOFTWARE MEANS THAT YOU ACCEPT THESE TERMS AND

CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND

CONDITIONS, THEN NAPSTER IS UNWILLING TO LICENSE THE SOFTWARE

TO YOU, AND YOU SHOULD NOT USE THE SOFTWARE. BY INSTALLING,

DOWNLOADING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU

ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS,

UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT

AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED AND

MAY NOT USE THE SOFTWARE.

1. SINGLE COPY SOFTWARE LICENSE. The SOFTWARE is copyrighted

and protected by law and international treaty. You may

download the SOFTWARE through a Web browser onto a single

computer for your personal, non-commercial internal use only,

unless specifically licensed to do otherwise by Napster, Inc.

This is a license, not a transfer of title, and you may not,

nor permit anyone else to, (a) modify the SOFTWARE or use it

for any commercial purpose or public display, performance, sale

or rental; (b) decompile, reverse engineer, or disassemble,

modify, or create derivative works based on the SOFTWARE or the

documentation in whole or in part; (c) remove any copyright or

other Napster, Inc. proprietary notices; or (d) transfer the

SOFTWARE to another person. You agree to prevent any copying

of the SOFTWARE that you download for your use from the Napster

web site.

You acknowledge that Napster may from time to time issue

upgraded versions of the SOFTWARE, and may automatically

electronically upgrade the version of the SOFTWARE that you are

using on your computer. You consent to such automatic

upgrading, and agree that the terms and conditions of this

Agreement (as may be amended from time to time by notices

posted on Napster’s web site) will apply to all such upgraded

versions.

2. USE OF THE NAPSTER SOFTWARE AND NAPSTER SERVICE. The

SOFTWARE is an integrated browser which, when used with the

Napster service, is designed to enable musicians and music fans

to locate audio recordings available in the MP3 format. The

MP3 files that you locate using Napster are not stored on

Napster’s servers. Napster does not, and cannot, control what

content is available to you using the Napster browser. Napster

users decide what content to make available to others using the

Napster browser and what content to download. Accordingly, you

are responsible for complying with all applicable federal and

state laws applicable to such content, including copyright

laws.

Napster respects copyright law and expects our users to do the

same. Unauthorized copying, distribution, modification, public

display, or public performance of copyrighted works is an

infringement of the copyright holders’ rights. You should be

aware that some MP3 files may have been created or distributed

without copyright owner authorization. As a condition to the

license to use the SOFTWARE, you agree that you will not use

the SOFTWARE or the Napster service to infringe the

intellectual property rights of others in any way. You also

agree to comply with all of the notices, terms and conditions

posted on the Napster web site, including but not limited to

the Terms of Use and the Napster Copyright Policy posted

thereon.

As a condition to your use of the Napster service and browser,

you agree that you will not (i) use the Napster browser or

service, or attempt to penetrate, modify or manipulate the

Napster browser or service or any of the hardware or software

thereof, in order to invade the privacy of, obtain the identity

of, or obtain any personal information about (including but not

limited to IP addresses of) any Napster account holder or user,

or to modify, erase or damage any information contained on the

computer of any user connected to the Napster service, or (ii)

reverse engineer any portion of the Napster service.

3. OWNERSHIP. The SOFTWARE is copyrighted proprietary

material of Napster, Inc. and may not be copied, reproduced,

modified, published, uploaded, posted, transmitted, or

distributed in any way, without Napster Inc.’s prior written

permission. Except as expressly provided herein, Napster, Inc.

and its suppliers do not grant any express or implied right to

you under any patents, copyrights, trademarks, or trade secret

information of Napster, Inc. or its suppliers.

4. TERMINATION OF THIS LICENSE. Napster, Inc. may terminate

this license at any time if you are in breach of any of these

terms and conditions of use. Upon such termination you must

and agree to immediately destroy all copies of the SOFTWARE.

5. DISCLAIMER. THE SOFTWARE IS PROVIDED “AS-IS.” NAPSTER,

INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,

EXPRESS OR IMPLIED, AS TO THE SOFTWARE OR ITS OPERATION. TO

THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NAPSTER, INC.

DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT

NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND

FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OF NON-

INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE

GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE

ABOVE EXCLUSIONS MAY NOT APPLY IN FULL. The SOFTWARE may

contain technical inaccuracies or typographical errors, so

changes and/or updates may be affected without notice.

Napster, Inc. may also make improvements and/or other changes

to the SOFTWARE at any time without notice.

6. LIMITATION ON DAMAGES. IN NO EVENT SHALL NAPSTER, INC. BE

LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL OR OTHER

CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING DIRECTLY OR

INDIRECTLY FROM THE USE OF THE SOFTWARE, INCLUDING BUT NOT

LIMITED TO ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF

PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR

OTHERWISE, EVEN IF NAPSTER, INC. HAS BEEN EXPRESSLY ADVISED OF

THE POSSIBILITY OF SUCH DAMAGES.

7. GOVERNMENT END USERS. If this SOFTWARE is being acquired

on behalf of the United States Government, the following

applies. Use, duplication, or disclosure by the U.S.

Government is subject to restrictions set forth in this

Napster, Inc. End-User Software License agreement and as

provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS

252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR

52.227-19, or FAR 52.227-14 (ALT III), as applicable. Napster,

Inc., 4 West 4th Ave, Suite 401, San Mateo, CA 94402.

8. GOVERNING LAW. The web site through which this SOFTWARE

may be downloaded is controlled by Napster, Inc. from its

facilities in the United States of America. Napster, Inc.

makes no representations that the SOFTWARE is appropriate or

available for use in other locations. Those who download this

SOFTWARE from other jurisdictions do so at their own volition

and are responsible for compliance with local law. You may not

use or export this SOFTWARE in violation of U.S. exports laws

and regulations. This Agreement and any and all claims

relating to the SOFTWARE shall be governed by the laws of the

State of California, U.S.A. without regard to or application of

choice of law rules or principles.

9. AMENDMENTS. Napster, Inc. may amend these terms and

conditions at any time by a notice on its web site, which shall

be binding upon you; accordingly, we urge you to visit the

Napster web site periodically to review the then current and

effective terms and conditions for use of the SOFTWARE, as well

as the Napster web site and service. You may not revise or

amend these terms and conditions without the prior written

authorization of an officer of Napster, Inc. Certain

provisions of these terms and conditions may be superceded by

expressly designated legal notices or terms located within the

Napster web site.

10. NO WAIVER. No delay or failure to take action under these

terms and conditions will constitute a waiver by Napster, Inc.

unless expressly waived in writing by a duly authorized officer

of Napster, Inc.

Bibliography

NAPSTER, INC. END-USER SOFTWARE LICENSE AGREEMENT

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS

BEFORE USING THE SOFTWARE WHICH CAN BE DOWNLOADED FROM THE

NAPSTER WEBSITE, ALONG WITH ANY ACCOMPANYING DOCUMENTATION (THE

SOFTWARE AND ITS DOCUMENTATION WILL BE REFERRED TO HEREIN AS

THE “SOFTWARE”).

YOUR USE OF THE SOFTWARE MEANS THAT YOU ACCEPT THESE TERMS AND

CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND

CONDITIONS, THEN NAPSTER IS UNWILLING TO LICENSE THE SOFTWARE

TO YOU, AND YOU SHOULD NOT USE THE SOFTWARE. BY INSTALLING,

DOWNLOADING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU

ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS,

UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT

AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED AND

MAY NOT USE THE SOFTWARE.

1. SINGLE COPY SOFTWARE LICENSE. The SOFTWARE is copyrighted

and protected by law and international treaty. You may

download the SOFTWARE through a Web browser onto a single

computer for your personal, non-commercial internal use only,

unless specifically licensed to do otherwise by Napster, Inc.

This is a license, not a transfer of title, and you may not,

nor permit anyone else to, (a) modify the SOFTWARE or use it

for any commercial purpose or public display, performance, sale

or rental; (b) decompile, reverse engineer, or disassemble,

modify, or create derivative works based on the SOFTWARE or the

documentation in whole or in part; (c) remove any copyright or

other Napster, Inc. proprietary notices; or (d) transfer the

SOFTWARE to another person. You agree to prevent any copying

of the SOFTWARE that you download for your use from the Napster

web site.

You acknowledge that Napster may from time to time issue

upgraded versions of the SOFTWARE, and may automatically

electronically upgrade the version of the SOFTWARE that you are

using on your computer. You consent to such automatic

upgrading, and agree that the terms and conditions of this

Agreement (as may be amended from time to time by notices

posted on Napster’s web site) will apply to all such upgraded

versions.

2. USE OF THE NAPSTER SOFTWARE AND NAPSTER SERVICE. The

SOFTWARE is an integrated browser which, when used with the

Napster service, is designed to enable musicians and music fans

to locate audio recordings available in the MP3 format. The

MP3 files that you locate using Napster are not stored on

Napster’s servers. Napster does not, and cannot, control what

content is available to you using the Napster browser. Napster

users decide what content to make available to others using the

Napster browser and what content to download. Accordingly, you

are responsible for complying with all applicable federal and

state laws applicable to such content, including copyright

laws.

Napster respects copyright law and expects our users to do the

same. Unauthorized copying, distribution, modification, public

display, or public performance of copyrighted works is an

infringement of the copyright holders’ rights. You should be

aware that some MP3 files may have been created or distributed

without copyright owner authorization. As a condition to the

license to use the SOFTWARE, you agree that you will not use

the SOFTWARE or the Napster service to infringe the

intellectual property rights of others in any way. You also

agree to comply with all of the notices, terms and conditions

posted on the Napster web site, including but not limited to

the Terms of Use and the Napster Copyright Policy posted

thereon.

As a condition to your use of the Napster service and browser,

you agree that you will not (i) use the Napster browser or

service, or attempt to penetrate, modify or manipulate the

Napster browser or service or any of the hardware or software

thereof, in order to invade the privacy of, obtain the identity

of, or obtain any personal information about (including but not

limited to IP addresses of) any Napster account holder or user,

or to modify, erase or damage any information contained on the

computer of any user connected to the Napster service, or (ii)

reverse engineer any portion of the Napster service.

3. OWNERSHIP. The SOFTWARE is copyrighted proprietary

material of Napster, Inc. and may not be copied, reproduced,

modified, published, uploaded, posted, transmitted, or

distributed in any way, without Napster Inc.’s prior written

permission. Except as expressly provided herein, Napster, Inc.

and its suppliers do not grant any express or implied right to

you under any patents, copyrights, trademarks, or trade secret

information of Napster, Inc. or its suppliers.

4. TERMINATION OF THIS LICENSE. Napster, Inc. may terminate

this license at any time if you are in breach of any of these

terms and conditions of use. Upon such termination you must

and agree to immediately destroy all copies of the SOFTWARE.

5. DISCLAIMER. THE SOFTWARE IS PROVIDED “AS-IS.” NAPSTER,

INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,

EXPRESS OR IMPLIED, AS TO THE SOFTWARE OR ITS OPERATION. TO

THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NAPSTER, INC.

DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT

NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND

FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OF NON-

INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE

of Napster, Inc.


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