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| NAREOS MYPEERBOX LICENSE AGREEMENT |
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This End User License Agreement is a legal and binding agreement
(the "Agreement") between you and Nareos Inc. (together with any
affiliated entity, "Nareos"). By clicking on the "Confirm Purchase"
button, you agree to be bound by the terms of this Agreement.
IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS AGREEMENT,
CLICK ON THE "CANCEL" BUTTON AND/OR DO NOT PLAY ANY CONTENT.
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| 1. LICENSE |
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Nareos grants you a limited, non-exclusive, non-transferable, revocable right to
utilize the content you have downloaded (the "Owned Property") in accordance
with the terms of the offer you selected (which are specified on the digital
rights management system ("DRM") described below), solely for your own non-commercial
use. You are also permitted to allow other computers to access the Owned Material,
provided you have not acted to circumvent or defeat the security or content usage
rules provided or enforced by the DRM, and you expressly authorize such access to
the Owned Material. You understand and agree that you may not reproduce, modify,
display, perform, transfer, distribute or otherwise use the Owned Property except
as expressly provided in this Agreement. You understand and agree that you may
not authorize, encourage or allow any Owned Property used or obtained by you to
be reproduced, modified, displayed, performed, transferred, distributed or otherwise
used by any other party, other than as authorized herein. Your use of the Owned
Property will be controlled by the DRM, which will only permit you to make authorized uses.
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| 2. OWNERSHIP RIGHTS |
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You acknowledge that the Owned Property that you have requested to
purchase and utilize, including but not limited to all performances
embodied therein graphics, audio clips, and editorial content,
and all copyrights and other rights in and to such Owned Property,
are the sole property of Nareos and/or its licensors, and are
protected by the copyright laws of the United States, other
jurisdictions and international copyright treaties. You agree
that you shall not contest, or assist others in contesting,
Nareos' (and/or its licensors’) rights or interests in the Owned
Property or the validity of such ownership.
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| 3. DIGITAL RIGHTS MANAGEMENT SYSTEM |
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The Owned Property includes a digital rights management system
and may include third party DRMs as Plug-in components, which
are subject to their own license agreements. DRMs are designed
to manage and enforce intellectual property rights in digital
content purchased over the Internet, and can limit, or in some
cases even revoke, your ability to use applicable content.
Nareos uses the DRM to protect the integrity of their content
("Secure Content") so that their intellectual property rights,
including their copyright rights in such content, are not
misappropriated. You agree that you will not take any action
to circumvent or defeat the security or content usage rules
provided or enforced by the DRM. You also consent to the
communications enabled and/or performed by the DRM, including
updating of the DRM without further notice.
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| 4. PAYMENT TERMS |
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You agree to pay for all Owned Property you download, and that
Nareos may charge your method of payment, whether by credit
card or by any other means, for any Owned Property you download,
and for any additional amounts (including any taxes and late fees,
as applicable) as may be accrued by or in connection with your
download. You are responsible for the timely payment of all
fees and for providing Nareos with a valid method of payment
for payment of all fees. All fees will be billed to the method
of payment you designate during the registration process. If
you want to designate a different method of payment or if there
is a change in your method of payment status, you must change
your method of payment information online at the Account Details
section of the account management interface.
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| 5. EXPLICIT CONTENT |
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Please note that by using the Service, you may encounter content
that may be deemed offensive, indecent, or objectionable, which
content may or may not be identified as having explicit language.
Certain music albums may be subject to the Recording Industry
Association of America's ("RIAA") "Parental Advisory Label"
(as defined at www.riaa.org) ("Stickered Albums").
The RIAA does not assign a Parental Advisory Label to individual
songs on albums; it only assigns a Parental Advisory Label to the
entire album. If the Owned Content you have selected for download
contains an individual song from an album that has been assigned
the Parental Advisory Label, it will be labeled as "explicit"
within the DRM ("Stickered Tracks"). Neither Nareos nor its
licensors are responsible to you for any Stickered Albums,
Stickered Tracks or any other content or materials that may be
available in connection with the Service that you might find objectionable.
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| 6. NO WARRANTIES; LIMITATION OF LIABILITIES |
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NAREOS AND ITS
LICENSORS DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE OWNED
PROPERTY AND THE DRM. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM
STATE/JURISDICTION TO STATE/JURISDICTION. UNDER NO CIRCUMSTANCES
AND UNDER NO LEGAL THEORY, WHETHER IN TORT CONTRACT OR OTHERWISE,
SHALL NAREOS OR ITS LICESNORS BE LIABLE TO YOU OR ANY OTHER PERSON
FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF
ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND
ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF NAREOS SHALL HAVE
BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM
BY ANY OTHER PARTY. FURTHER, IN NO EVENT SHALL NAREOS' LIABILITY
UNDER ANY PROVISION OF THIS AGREEMENT EXCEED THE FEE PAID TO NAREOS
FOR USE OF THE OWNED PROPERTY. BECAUSE SOME STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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| 7. NO ASSIGNMENT |
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This Agreement is personal to you, and may not be
assigned without Nareos's express written consent.
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| 8. ARBITRATION AND JURISDICTION |
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The laws of the State of California in the United States of America govern this
Agreement and any disputes in connection thereto. You expressly agree that
exclusive jurisdiction for any claim or dispute with Nareos or relating in any
way to your use of the Service resides in the courts of the state of
California, in the Los Angeles county.
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| 9. ENTIRE AGREEMENT |
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This Agreement, and all other terms referenced or
linked to herein, shall constitute the complete
and exclusive agreement between us, notwithstanding
any variance with any purchase order or other written
instrument submitted by you, whether formally rejected
by Nareos or not. The acceptance of any purchase order
is expressly made conditional on your consent to the
terms set forth herein. The terms and conditions
contained in this Agreement may not be modified by
you except in a writing duly signed by you and an
authorized representative of Nareos. If any provision
of this Agreement is held to be unenforceable for any
reason, such provision shall be reformed only to the
extent necessary to make it enforceable, and such
decision shall not affect the enforceability of such
provision under other circumstances, or of the remaining
provisions hereof under all circumstances.
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