Old 8th January 2010, 08:22   #1
venom015
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winamp pro

hi,
can ik use my winamp pro key on my laptop also?
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Old 8th January 2010, 14:14   #2
homes32
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Location: MN
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the license agreement doesn't say you can't. nor is there anything in the FAQ
Quote:
NULLSOFT END USER LICENSE AGREEMENT FOR THE WINAMP SOFTWARE WELCOME! YOU MAY USE THE WINAMP SOFTWARE AND APPLICATIONS ONLY ON THE CONDITION THAT YOU AGREE TO ABIDE BY ALL OF THE TERMS IN THIS LICENSE AGREEMENT. PLEASE NOTE THAT YOU WILL BE GIVEN THE OPTION OF INSTALLING ADDITIONAL THIRD PARTY OFFERINGS. TO USE SUCH THIRD PARTY OFFERINGS YOU MUST AGREE TO ANY ADDITIONAL TERMS AND CONDITIONS FOR SUCH THIRD PARTY OFFERINGS THAT ARE APPENDED BELOW THE WINAMP PLAYER LICENSE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS FOR SELECTED THIRD PARTY OFFERINGS PLEASE RETURN TO THE DOWNLOAD MANAGER AND UNCHECK ANY THIRD PARTY OFFERINGS CHECKED. CLICKING THE ACCEPTANCE BUTTON BELOW INDICATES YOUR ACCEPTANCE OF THE TERMS OF THE WINAMP PLAYER LICENSE AGREEMENT AND THE TERMS OF THE LICENSE AGREEMENTS FOR ANY THIRD PARTY OFFERINGS YOU HAVE CHECKED OFF IN THE DOWNLOAD MANAGER. IMPORTANT NOTICE REGARDING YOUR COMPUTER SETTINGS PLEASE NOTE THAT CERTAIN FEATURES AND FUNCTIONALITY OF THE WINAMP CLIENT AND THIRD PARTY COMPONENTS MAY CHANGE YOUR COMPUTER SETTINGS. YOU WILL HAVE THE OPPORTUNITY TO DECLINE THESE CHANGES AS PART OF YOUR INSTALLATION OF THE SOFTWARE. DURING THE INSTALLATION PROCESS, YOU WILL BE PROMPTED TO INSTALL THE SOFTWARE, Winamp Remote, Winamp Toolbar, the Winamp “Orgler” application and the eMusic® icon AND YOU WILL BE PROMPTED TO CHANGE SOME SETTINGS IN YOUR COMPUTER. You will have a choice whether to install the software and whether some settings will be changed on your computer. You will also have a choice whether Winamp reports anonymous usage statistics to us, which we use to improve Winamp. When Winamp Remote starts, it will automatically scan your computer for audio files and create a list of those files, which will be used to enable the remote service. This version of Winamp Remote will automatically create a report for Nullsoft. IF YOU OPT TO INSTALL THE EMUSIC PROMOTIONAL ICON, YOU CONSENT TO THE DOWNLOAD AND INSTALLATION OF ONE OR MORE ICONS ON YOUR COMPUTER'S DESKTOP THAT LINK TO INFORMATION ABOUT THE ICONS, SOFTWARE OR EMUSIC SERVICE AND/OR A REGISTRATION PAGE FOR EMUSIC'S INTERNET BASED MUSIC SUBSCRIPTION BASED SERVICE AND/OR OTHERWISE PROVIDE PERIODIC REMINDERS TO YOU IN THE FORM OF "POP-UP" NOTICES ON YOUR COMPUTER'S DESKTOP. *********************************************************** This Agreement GOVERNS THE DOWNLOAD AND USE OF the Winamp Software (as defined below) provided by Nullsoft, Inc., its parent AOL Inc. ("AOL"), and their respective affiliates and suppliers ( collectively, "Nullsoft"). BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING THE SOFTWARE, YOU (“YOU”) ELECTRONICALLY AGREE ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (IF APPLICABLE) THAT YOU OR SUCH ENTITY ARE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT AND THE WINAMP PRIVACY POLICY LOCATED AT http://www.winamp.com/legal/privacy AS THE "LICENSEE." YOU ALSO AGREE TO RECEIVE REQUIRED NOTICES, TERMS AND INFORMATION FROM US ELECTRONICALLY. In this Agreement, you are agreeing to the following terms: 1. Winamp License Agreement 2. Supplemental Terms for eMusic 3. Supplemental Terms for Gracenote Terms of Use 4. Supplemental Terms for Winamp Remote Provided by Orb Networks, Inc. Beta Testing Agreement (if you elect to download and test the Winamp Remote application) 5. Supplemental Terms for the Winamp/AOL Toolbar 6. Supplemental Terms for the Winamp “Orgler” Application 7. Supplemental Terms for Internet Explorer and Firefox Browser Detection *********************************************************** I. WINAMP SOFTWARE LICENSE AGREEMENT 1. DEFINITIONS. a) "Agreement" means this Winamp License Agreement. b) "Basic Software" means the executable code version of only those features of the Winamp player identified as the features of the free Winamp player at the following URL: http://www.winamp.com/download, the AOL/Winamp Toolbar, Winamp Remote, and any Nullsoft created Skins and Nullsoft Plug-ins distributed by Nullsoft for use with the Software, whether Licensee installs them at the time of installation of the Winamp player or separately from the Winamp.com website. Any feature identified as a feature of the Pro version of the Winamp player either at the above URL or within the Software is not part of the Basic Software. c) "Documentation" means the help pages hosted on the Winamp.com website, which are accessible through the Winamp Help menus, as well as the skinning information available at http://dev.winamp.com/wiki/Main_Page d) "Nullsoft Plug-in" means a plug-in (a small software program that adds a specific capability to another program, such as the Winamp player) owned and offered by Nullsoft as part of the Software download and/or via http://www.winamp.com/download for use with the Software. e) "Pro Software" means the executable code version of the fully functional Winamp player, including both the Basic Software and all features of the Pro Winamp player identified at the following URL: http://www.winamp.com/download. f) "Software" means the Basic Software and/or the Pro Software, as applicable to Licensee, all associated software, upgrades, updates, patches, plug-ins, supplemental applications, associated media, Documentation and online service provided by Nullsoft, its affiliates and suppliers. g) "Skin" means a graphical interface for the Software that changes the look but not the functionality, and includes the text files that define how the skin is built, the scripts that define how it should behave, and the graphics that create the visual look. h) "Update" means a revision to the Software designated by a change in the version number to the right of the decimal place. i) "Upgrade" means a revision to the Software designated by a change in the version number to the left of the decimal place. j) "Winamp/AOL Toolbar" means a software plug-in for an Internet browser powered by AOL that contains a row of icons that activate commands or functions to Winamp and other online applications when clicked. k) "Winamp Remote" means the beta testing version of the software and services provided by Orb Network, Inc. that is designed to give Licensee access to Licensee’s digital content remotely from a variety of mobile computing devices through the use of the Software. 2. LICENSE GRANT. a) Basic Software. Subject to Licensee's compliance with the terms and conditions of this Agreement, Nullsoft grants Licensee a free-of-charge, personal, revocable, non-exclusive, and non-transferable license to install and use the Basic Software. Nullsoft also grants Licensee permission to create Skins for the Software by modifying the winamp.modern.wal or other included Skin file, in accordance with the Documentation. Licensee may distribute the Skins it creates, but it must rename the file it distributes and may not use the Winamp name or any Winamp file name in the name of the Skin file it distributes. b) Pro Software. Provided Licensee complies with the terms and conditions of this Agreement and has paid the applicable license fees for the premium features of the Pro Software, Nullsoft grants Licensee a personal, revocable, non-exclusive, and non-transferable license to install and use the Pro Software. Upon Nullsoft's receipt of the applicable license fees, a serial number key will be issued to Licensee to unlock the premium features of the Pro Software. Licensee may only access and use such premium features using the serial number key provided to it by Nullsoft. c) Nullsoft may offer software, features and applications for beta testing (the "Beta Applications."). The Beta Application are provided “AS IS” and may be used for a limited time in order to evaluate and provide feedback about it to Nullsoft. Nullsoft is under no obligation to release a commercial version of each Beta Application. Nullsoft may alter features, licensing terms, or other characteristics of any version of the Beta Applications that it releases. Licensee acknowledges that the Beta Applications are experimental and have not been made available for general release; they may contain errors, bugs, or other problems. Any access, use and testing of Beta Applications is at Licensee’s own risk. Certain Beta Applications are designed to expire or cease working on a date determined solely by Nullsoft, and Nullsoft shall have no liability to Licensee when such applications expire. d) Winamp is controlled and operated within the United States. Although Winamp is accessible from outside of the United States, Licensee understands and agrees that Winamp (i) is not designed or customized for distribution for any specific country or jurisdiction (“Territory”), (b) is not intended for distribution to, or use by, any person or entity in any Territory where such distribution or use would be contrary to local law or regulation, (c) may not be appropriate or available for access or use in any particular Territory, and (d) is provided without any content filtering or rating mechanism. Nullsoft has no obligation to assure that Winamp complies with applicable local laws and regulations within the Territories in which Licensee elects to use Winamp. Licensee’s use of Winamp within any specific Territory is entirely at Licensee’s own risk. Licensee is solely responsible for complying with any local laws in which Licensee accesses or uses Winamp. 3. RESTRICTIONS ON USE. Licensee may not: (i) modify or create any derivative works of the Software; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to (a) derive the source code, underlying ideas, algorithms, structure or organization of the Software, or (b) defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Software (except to the extent applicable laws specifically prohibit such restriction); (iii) attempt to access or use the premium features of the Pro Software if Licensee has not paid the applicable fees or by any manner or method other than using the key provided by Nullsoft; (iv) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer the Software or rights thereto; (v) use the Software to reproduce, display, perform, or distribute audio and/or video content in any manner that violates any U.S. or foreign laws or regulations or any third party's rights, including copyright, privacy or publicity rights, or other intellectual property right; (vi) use the Software in a timesharing or service bureau arrangement; or (vii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. The Nullsoft produced Skins that are provided with the Software may only be used with the Software and may not be used with any other media player or other third party software, products, or applications of any kind. Supply of this Software does not convey a license nor imply any right to distribute content created with this Software in revenue-generating broadcast systems (terrestrial, satellite, cable and/or other distribution channels), revenue-generating streaming applications (via Internet, intranets and/or other networks), other revenue-generating content distribution systems (pay-audio or audio-on-demand applications and the like) or on commercially distributed physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards and the like). An independent license for such use is required. For details, please visit http://mp3licensing.com. 4. NEED FOR CONTENT LICENSES. This license provides no rights with respect to any musical compositions, sound recordings, video recordings, or other audio and/or video materials ("Content") that may be reproduced, encoded, distributed, transmitted, performed, or otherwise used in connection with the Software. Licensee alone is responsible for ensuring that any Content is properly used in accordance with applicable laws and the rights of any third party with respect to such Content. 5. SUPPORT. a) Basic Software. If Licensee is using the Basic Software, Licensee will have access to community forums, FAQs, and other online self help services, but will not be entitled to receive from Nullsoft any technical support or telephone assistance. Use of community forums and other online service are subject to additional terms. b) Pro Software. If Licensee is using the Pro Software, in addition to the self help services available, Licensee shall be entitled to reasonable telephone and email customer support during normal business hours for thirty (30) days commencing on the date Licensee receives the Pro Software key. No customer support is provided for Updates or Upgrades received pursuant to this Agreement. 6. FEES. There is no license fee for the Basic Software. A license fee is required in order to receive a key to access the premium features of the Pro Software. Fee information is available at: http://www.winamp.com/download. 7. UPGRADES AND UPDATES. a) Basic Software. This license does not entitle Licensee to Updates or Upgrades to the Basic Software. In order to receive an Update or Upgrade to the Basic Software, Licensee must agree to the then current license agreement and download the Update or Upgrade from http://www.winamp.com/download. b) Pro Software. This license does not entitle Licensees of the Pro Software to Updates or Upgrades to the Pro Software. If Updates or Upgrades to the Pro Software are made available, they will be available from http://www.winamp.com/download and will be subject to Nullsoft's then current license agreement and payment of additional license fees, if any. 8. LICENSEE REPRESENTATIONS. Licensee represents and warrants that it has the legal capacity to enter into this Agreement, that it will use the Software only for lawful purposes and in accordance with this Agreement, and that it will not use the Software to violate any law, regulation or ordinance or any right of Nullsoft or its licensors or any third party, including without limitation, any right of privacy, publicity, copyright, trademark, or patent. Licensee further warrants that Licensee will abide by all terms of this Agreement. 9. REGISTRATION; ONLINE SERVICES. Nullsoft, its affiliates and suppliers may provide online services for use with the Software. Nullsoft may change or cancel those services at any time. In order to use these interactive services, Licensee will need to register and obtain log-in credentials, such as a User ID. Licensee must provide accurate identification, contact, and other information required as part of the registration process. Licensee to keep such information current. Licensee may not create any script or other automated tool that attempts to create multiple developer accounts. We may in our sole discretion reject any registration for any reason. By registering, Licensee represents and warrants that Licensee’s information is accurate. Our affiliates (e.g., AIM) may give Licensee the ability to access other affiliate services with Licensee’s User ID. Licensee understands and agrees that Licensee’s use of services provided by our affiliates may be subject to additional terms, conditions and privacy policies, which Licensee agrees to abide by when Licensee accesses and users such services. 10. ELECTRONIC NOTICE DELIVERY POLICY. Nullsoft, when possible, transacts with users of its products electronically. WHEN LICENSEE PROVIDES NULLSOFT WITH LICENSEE’S EMAIL ADDRESS, E.G. IN ORDER TO RECEIVE THE KEY FOR THE PRO SOFTWARE OR TO RECEIVE NEWSLETTERS, LICENSEE CONSENTS TO RECEIVE ELECTRONICALLY FROM NULLSOFT ANY PRIVACY OR OTHER NOTICES, AGREEMENTS, DISCLOSURES, REPORTS, DOCUMENTS, COMMUNICATIONS, OR OTHER RECORDS (COLLECTIVELY, "NOTICES"). Licensee agrees that Nullsoft generally can send Licensee electronic Notices to the e-mail address that Licensee provided to Nullsoft, if any. Licensee must check its designated e-mail address regularly for Notices. Licensee must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), a Windows-based operating system with an Internet browser, and Internet e-mail software in order to access electronic communications. Licensee will need a printer attached to your personal computer to print any Notices. The delivery of any Notice from Nullsoft is effective when sent by Nullsoft, regardless of whether Licensee reads the Notice when received or whether Licensee actually receives the delivery. Licensee’s only method of withdrawing consent to receive Notices electronically is to terminate Licensee’s use of the Pro Software and/or cancel any newsletter subscriptions, as applicable. 11. TERMINATION. Should Licensee breach this Agreement, Licensee's right to use the Software shall terminate immediately and without notice. The respective rights and obligations of Nullsoft and Licensee under the provisions of Sections 3 ("Restrictions on Use"), 4 ("Need for Content Licenses"), 10 ("Electronic Notice Delivery Policy"), 11 ("Termination"), 12 ("Proprietary Rights"), 14 ("Indemnification"), 17 ("Limitation of Liability"), 21 ("Third Party Services or Products") and 22 ("Miscellaneous") shall survive expiration or termination of this Agreement and Licensee agrees to continue to be bound by those terms. Upon termination, Licensee shall destroy all copies of the Software. 12. PROPRIETARY RIGHTS. Title, ownership rights, and intellectual property rights in the Software shall remain in Nullsoft and/or its licensors and other suppliers. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Nullsoft's or its licensors' or other suppliers' ownership of or rights with respect to the Software. The Software is protected by copyright and other intellectual property laws and by international treaties. All trademarks used in connection with the Software are owned by Nullsoft, its affiliates or its licensors and other suppliers, and no license to use any such trademarks is provided hereunder. Title and related rights in the Content are the property of the applicable content owners and are protected by applicable law. Licensee agrees that Nullsoft may use in any manner and without limitation all comments, suggestions, complaints and other feedback Licensee provides relating to the Software. 13. USE AND AVAILABILITY OF OPEN SOURCE CODE. Portions of the Software use software components developed through various open source projects. The licenses and availability of source code for such components are specified in the copyright notice file delivered with this Software. 14. INDEMNIFICATION. Licensee agrees to indemnify, hold harmless, and at Nullsoft's request, to defend Nullsoft, its affiliates, , licensors and suppliers from any and all costs, damages and reasonable attorneys' fees resulting from any breach of this Agreement or claim that Licensee's use of the Software has injured or otherwise violated any right of any third party or violates any law. 15. LIMITED WARRANTY FOR PRO SOFTWARE. Provided Licensee has paid the applicable license fees for the Pro Software and is in compliance with the terms and conditions hereof, for sixty (60) days after the date of download of the Pro Software (the "Warranty Period"), Nullsoft warrants that the unmodified Pro Software, when properly installed and used, will substantially achieve the functionality described in the applicable Documentation. This limited warranty does not apply for plug-ins or supplemental applications that Licensee may subsequently elect to install and use with the Pro Software. THIS LIMITED EXPRESS WARRANTY FOR THE PRO SOFTWARE CONSTITUTES THE ONLY WARRANTY WITH RESPECT TO THE SOFTWARE. NULLSOFT AND ITS LICENSORS AND OTHER SUPPLIERS DO NOT MAKE, AND HEREBY EXCLUDE AND DISCLAIM, ALL OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE PRO SOFTWARE AND ANY UPDATES OR UPGRADES THERETO, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NONINFRINGEMENT OF THIRD PARTIES' RIGHTS, AND SECURE, ERROR-FREE OR UNINTERRUPTED OPERATION. NULLSOFT AND ITS LICENSORS AND OTHER SUPPLIERS SHALL HAVE NO OBLIGATIONS UNDER THE WARRANTY PROVISIONS SET FORTH HEREIN IF LICENSEE ALTERS OR MODIFIES THE PRO SOFTWARE; USES THE PRO SOFTWARE ON A COMPUTER SYSTEM OR IN A MANNER NOT SPECIFIED BY NULLSOFT; OR LICENSEE VIOLATES THE TERMS OF THIS AGREEMENT. IN THE EVENT OF A BREACH OF THIS WARRANTY, AND IF LICENSEE PROVIDES NULLSOFT WITH A WRITTEN REPORT DURING THE WARRANTY PERIOD OF ANY ERRORS OR FAILURES, NULLSOFT WILL USE REASONABLE EFFORTS TO PROMPTLY CORRECT, REPLACE OR PROVIDE A WORK AROUND FOR SUCH ERROR OR FAILURE, AT NO CHARGE TO LICENSEE, OR AT NULLSOFT'S SOLE OPTION, PROVIDE A REFUND TO LICENSEE. THIS IS LICENSEE'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES HEREUNDER. NOTWITHSTANDING THE FOREGOING, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES; HOWEVER, THE EXCLUSIONS OF NULLSOFT'S WARRANTY IN THIS LIMITED WARRANTY SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 16. DISCLAIMER OF WARRANTY FOR THE BASIC SOFTWARE. THE BASIC SOFTWARE IS PROVIDED WITH ALL FAULTS ON AN "AS IS" BASIS. NULLSOFT, ITS LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE BASIC SOFTWARE IS FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE FUNCTIONALITY OF THE BASIC SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT ERRORS IN THE BASIC SOFTWARE WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE BASIC SOFTWARE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. FURTHER, NULLSOFT, ITS LICENSORS AND OTHER SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE BASIC SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NULLSOFT OR A NULLSOFT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. NULLSOFT AND ITS LICENSORS AND OTHER SUPPLIERS HAVE NO LIABILITY WITH RESPECT TO LICENSEE'S USE OF THE BASIC SOFTWARE. LICENSEE BEARS THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE AND ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE BASIC SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 17. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NULLSOFT, AOL Inc., OR THEIR RESPECTIVE PARENTS, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE "NULLSOFT GROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, THE NULLSOFT GROUP'S ENTIRE COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND REPLACEMENT OF DEFECTIVE MEDIA OR PROVISION OF A REASONABLY SIMILAR SOFTWARE, AS DETERMINED AT NULLSOFT'S SOLE DISCRETION, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF NULLSOFT TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ADDITIONALLY, THE NULLSOFT GROUP SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF: (i) CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH OR USED WITH THE SOFTWARE AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT; OR (ii) THE USE OF PLUG-INS OR SKINS DEVELOPED BY THIRD PARTIES AND MADE AVAILABLE ON NULLSOFT'S WEBSITE FOR USE WITH THE SOFTWARE. 18. EXPORT CONTROLS. Licensee agrees to comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority, and not to export, re-export or import the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. For example, Licensee may not export or re-export any commodities, software, or technical data received from Nullsoft, or any direct product of such commodities, software or technical data, to any proscribed country, party, or entity listed in the applicable laws, regulations, and rules of the U.S. Government unless properly authorized. As applicable, each party shall obtain and bear all expenses and responsibility relating to any necessary licenses and/or exemptions with respect to its own export or re-export of the Software from the U.S. 19. INJUNCTIVE RELIEF. Licensee acknowledges and agrees that, notwithstanding any other provisions of this Agreement, any breach or threatened breach of this Agreement by Licensee shall cause Nullsoft irreparable damage for which recovery of money damages would be inadequate and that Nullsoft therefore may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity. 20. U.S. GOVERNMENT END USERS. The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government End Users acquire the Software with only those rights as set forth herein. 21. THIRD PARTY SERVICES OR PRODUCTS. (a) The Software may contain links to other web sites, resources and advertisers. The Nullsoft Group is not responsible for the availability of these external sites nor does it endorse, or is it responsible for, the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such external sites. Under no circumstances shall the Nullsoft Group or any of the affiliated providers be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to Licensee in connection with the use of or reliance on any content, goods or services available on such external sites. Licensee should direct any concerns to such external sites' administrator or Webmaster. (b) Licensee agrees and understands that the Software may include from time to time offerings for certain third party services, products or supplemental applications for download or use with the Software ("Supplemental Applications"). Such Supplemental Applications are subject to this Agreement and may be subject to additional terms and conditions or registration requirements. Licensee agrees to abide by these additional terms and further agrees that a violation of those terms shall constitute a breach of this Agreement. (c) Third parties may offer from time to time applications or services to access, "plug-in" or interact with the Software. Licensee's use of such third party applications will be at Licensee's own risk and subject to the terms and conditions of those third parties. NULLSOFT DOES NOT REPRESENT AND WARRANT THAT ACCESS AND USE OF THE SOFTWARE THROUGH OR WITH THESE THIRD-PARTY APPLICATIONS OR THIRD PARTY OFFERINGS WILL BE COMPATIBLE, UNINTERRUPTED, ERROR FREE, WITHOUT DEFECTS OR THAT LICENSEE WILL BE ABLE TO ACCESS OR USE THE SOFTWARE AT ALL TIMES AND LOCATIONS OF ITS CHOOSING. LICENSEE AGREES THAT NULLSOFT IS UNDER NO OBLIGATION TO PROVIDE LICENSEE WITH ANY ERROR CORRECTIONS, UPDATES, UPGRADES, FIXES AND/OR ENHANCEMENTS TO MAKE THE SOFTWARE ACCESSIBLE THROUGH OR COMPATIBLE WITH THESE THIRD-PARTY APPLICATIONS OR THIRD PARTY OFFERINGS. 22. CHOICE OF LAW; VENUE. LICENSEE EXPRESSLY AGREES THAT EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE WITH NULLSOFT, NULLSOFT’S AFFILIATES, WINAMP, THIS AGREEMENT, OR RELATING IN ANY WAY TO LICENSEE’S USE OF WINAMP (OR ANY FEATURES THEREOF) RESIDES IN THE FEDERAL OR STATE COURTS LOCATED IN THE COMMONWEALTH OF VIRGINIA AND LICENSEE FURTHER AGREES AND EXPRESSLY CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION IN SUCH COURTS IN CONNECTION WITH ANY SUCH DISPUTE, INCLUDING ANY CLAIM INVOLVING NULLSOFT, THIS AGREEMENT, AND/OR WINAMP (OR ANY FEATURES THEREOF). PLEASE NOTE THAT BY AGREEING TO THE TERMS OF THIS AGREEMENT, LICENSEE IS WAIVING CLAIMS THAT LICENSEE MIGHT OTHERWISE HAVE AGAINST NULLSOFT BASED ON THE LAWS OF OTHER JURISDICTIONS. 23. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof, which may only be modified by a written amendment signed by an authorized executive of Nullsoft. (b) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (c) If any provision in this Agreement should be held illegal or unenforceable, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect, or Nullsoft may at its option instead terminate this Agreement. (d) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (e) Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. Nullsoft may assign this Agreement to any entity at its sole discretion. (f) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (g) Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. ****************************************************** Last updated: 12-16-2009

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