Last updated: (1/2/2017)
AO2 IT CORP END-USER LICENSE AGREEMENT FOR THE FOLLOWING PRODUCTS: PRT Broadcaster LITE, PRT Broadcaster LIVE, PRT Broadcaster STUDIO, PRT Broadcaster MIX and or PRT Broadcaster SIMULCAST herein referred to as the “SOFTWARE PRODUCT” (c) Copyright 2017 by AO2 IT CORP dba PRO RADIO TOOLS referred to herein as the DEVELOPER or PRO RADIO TOOLS.
This End-User License Agreement (“EULA” or “Agreement”) is a legal agreement between you (either an individual or a single entity) and the DEVELOPER of the software product(s) identified above (“SOFTWARE PRODUCT” or “SOFTWARE”). The SOFTWARE PRODUCT includes computer software, and any “online” or electronic documentation offered and/or provided along with the SOFTWARE PRODUCT. If you do not agree to the terms of this EULA, the DEVELOPER is unwilling to license the SOFTWARE PRODUCT to you and you may not install, copy, or use the SOFTWARE PRODUCT. By indicating your acceptance of this Agreement, and/or by installing, copying or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA which shall take effect the earlier of (a) the moment of your acceptance of this Agreement or (b) the moment you commence the download and installation of the Software Product.
Both you and the Developer agree that:
1. GRANT OF LICENSE. This EULA grants you the following rights:
This EULA allows you to use the “Licensed” SOFTWARE PRODUCT with the following restrictions:
Unless you have specifically obtained a prior written consent from the DEVELOPER:
The SOFTWARE may not be used on multiple computers
The SOFTWARE may not be used to transport and stream any terrestrial radio broadcast and/or communication
This SOFTWARE may only be used in conjunction with audio content in which you own and control the proprietary rights, or audio content in which you have acquired the rights and permissions to use.
You may only install and use one copy of the SOFTWARE PRODUCT per License for the purposes of managing and delivering “Streamed Audio Media” via digital means to an unlimited number of clients. A client is understood to be a third party accessing the Streamed Audio Media via any internet, mobile, or digital communication network or via any applicable playback software or hardware.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Copying and Redistribution.
The SOFTWARE can be copied for backup purposes ONLY and is not intended for usage on multiple Computer/Server systems without obtaining an additional “License” for use on other Computer/Server systems. The SOFTWARE PRODUCT may NOT be copied and redistributed electronically or otherwise, for ANY purposes without express written consent of the DEVELOPER.
Decompilation or reverse-engineering of the provided SOFTWARE/bytecode is not permitted under the terms of this EULA.
Separation of Components.
The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for other uses.
Sales & Rental.
You may NOT resell, rent or lease the SOFTWARE PRODUCT.
3rd party advertisement systems.
Advertisement systems provided by a 3rd party must be approved by DEVELOPER for use with the SOFTWARE. A 3rd party that wishes to develop and/or integrate their advertisement system with this SOFTWARE PRODUCT needs to contact DEVELOPER to get approval for such integration.
Microsoft Windows Media Player.
WPL (Windows Media Player Playlist) is a computer file format that stores multimedia playlists. It is a proprietary file format used in Microsoft Windows Media Player versions 9–12. The elements of WPL files are represented in XML format. The top-level element, smil, specifies that the file's elements follow the SMIL (Synchronized Multimedia Integration Language) structure. The file is saved with the "wpl" filename extension and its MIME type is application/vnd.ms-wpl. The SOFTWARE makes few/minimal file name changes/modifications to comply with proprietary file format and XML structure.
If the SOFTWARE PRODUCT is an upgrade, you now may use that upgraded product only in accordance with this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs which you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
4. SOFTWARE PRODUCT COPYRIGHT.
All title and copyrights in and to the SOFTWARE PRODUCT, and accompanying documentation, and any copies of the SOFTWARE PRODUCT, are owned by THE DEVELOPER, PRO RADIO TOOLS. The SOFTWARE PRODUCT is protected by copyright laws throughout the World in accordance with international treaty provisions.
5. SOFTWARE PRODUCT SUPPORT.
The DEVELOPER is under no obligation to provide support under the terms of this license.
6. Parts of other software
This SOFTWARE PRODUCT uses parts of LAME a free software project. LAME is an encoder that converts audio to the MP3 file format. The full source and GNU Lesser General Public License, as well as more information on this project can be found at http://lame.sourceforge.net/.
This SOFTWARE PRODUCT communicates to web services and will send data to these services. You have the option to opt out from using these services. The SOFTWARE installer may also collect anonymous statistics on installer usage in order to help PRO RADIO TOOLS improve this process.
8. Refund Policy
Non-Refundability: THIS SOFTWARE PRODUCT IS NON-REFUNDABLE.
This SOFTWARE PRODUCT requires a registration key (Serial Number). A Serial Number must be purchased and entered into the software within 10-Days. If not, a reminder screen appears and the software will not function until a Serial Number is entered successfully.
Before you place an order make sure that the product you are ordering is what you want and works correctly (is compatible) with your system. When a user purchases the registered version of the SOFTWARE from PRO RADIO TOOLS, we assume that the purchaser is satisfied with the SOFTWARE’s features and functionalities. No refunds will be given on SOFTWARE purchases.
9. Limitation of Liability
PRO RADIO TOOLS shall not be liable for any direct damages to you or to any other third party, whether out of contract or from tort, including loss of data, profits, business interruption, or the use or inability to use the SOFTWARE.
PRO RADIO TOOLS shall not be liable for any other special, consequential or exemplary damages suffered by you relating to the SOFTWARE.
PRO RADIO TOOLS’s cumulative liability to you shall not exceed the License fee paid by you to PRO RADIO TOOLS in connection with use of the SOFTWARE under this Agreement.
This Section shall survive termination of this License Agreement.
10. Your Idemnity
You hereby indemnify and hold harmless PRO RADIO TOOLS and their respective officers, directors, employees, agents, and contractors from and against any claims, actions, suits, damages, liabilities, costs, and expenses (including reasonable legal expenses) arising from a claim and/or action by any third party that you have violated the proprietary rights of that third party, or caused any damage to that third party, in the course of your use of the SOFTWARE PRODUCT.
This indemnity shall not apply in the event of any claim and/or actions by a third party that the SOFTWARE PRODUCT itself has violated the proprietary rights of that third party, or caused any damage to that third party.
11. Breach of the Agreement and Termination of License.
The License issued to you under this Agreement will terminate automatically if you fail to comply with any provision of this License or you attempt to assign any of its rights or authorities under the License. In the event of the termination of this License, you agree to immediately erase and destroy all copies of the SOFTWARE PRODUCT and all documentation relating to use of the SOFTWARE. Following the termination of this License, any further use of the SOFTWARE will be an infringement of PRO RADIO TOOLS's copyrights and intellectual property rights.
12. Jurisdiction of this Agreement
All matters relating to this License or the subject matter of this License shall be governed by the laws of the state of California and the federal laws of the United States of America. You therefore agree to the courts of California and of the United States of America having legal jurisdiction. You also agree that you are fully responsible for complying with all of your local laws.
13. Legal Trademarks
AO2 IT CORP™, SOUND BYTE LABS™, PRO RADIO TOOLS™, LIVE RADIO 360™. SOUNDBYTELABS.COM™, PRORADIOTOOLS.COM™, LIVERADIO360.COM™. PRT Broadcaster Lite™, PRT Broadcaster Live™, PRT Broadcaster Studio™, PRT Broadcaster Mix™, PRT Broadcaster Simulcast ™.
If you have any questions about this EULA, please contact us:
AO2 IT CORP
2351 Sunset Blvd Suite 170 No. 197
Rocklin CA 95765
BY EMAIL: email@example.com
15. Entire Agreement
The Agreement constitutes the entire agreement between you and AO2 IT CORP regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and SOUND BYTE LABS.
You may be subject to additional terms and conditions that apply when you use or purchase other SOUND BYTE LABS's services, which AO2 IT CORP will provide to you at the time of such use or purchase.