Radio Explorer
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Last updated:
page content on May 10, 2009.
User License Agreement
Version 1.0, July 2003
This Agreement is a legal agreement between the developer of Radio Explorer software, Dmitry Nefedov, Zoya Kosmodemianskaya street 33A/19, 606131 Toumbotino, Pavlovo district, Nizhny Novgorod region, Russian Federation, referred to as "Developer" is this Agreement, and you (either an individual or a single entity) as a user of Radio Explorer software, which includes computer software and associated electronic documentation, collectively referred to as "Software" in this Agreement.
By downloading, copying, installing, accessing or using Software in any other way, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, Developer is not disposed to license Software to you. In such event, you must destroy all copies of Software and all of its component parts.
Developer may publish amended and/or new versions of this Agreement. The amended and/or new versions will be essentially similar to the present version, but may vary in detail to deal with new concerns. Each version is given a unique identifying version number.
You may follow the terms and conditions either of the version of this Agreement that accompanies Software distribution package, which you used to install Software, or any later version. The current version of this Agreement is published on the Internet at the address http://www.radioexplorer.com.ru/license.html.
This Agreement is copyright © 2003 by Developer. All rights reserved with the exception that you may save or print copies of this Agreement for reference purposes.
COPYRIGHT
Software is protected by copyright laws and international copyright treaties, as well as other intellectual property regulations. All title and associated intellectual property rights in and to Software and content included with and incorporated into Software, as well as any copies of Software, are owned by Developer or his suppliers. Software is licensed to you by Developer, and is not sold. All rights not specifically granted under this Agreement are reserved to Developer and his suppliers.
All title and associated intellectual property rights in and to content, which is not included with and not incorporated into Software, but which is accessible through use of Software, may be owned by respective copyright holders, and may be protected by applicable copyright or other intellectual property laws and treaties. Use of such content is governed by the respective terms of use established by the copyright holders. This Agreement grants you no additional rights in and to such content.
TRADEMARKS AND LOGOS
The Radio Explorer trademark and other trademarks related to Radio Explorer, service marks, logos and other brand designations, referred to as "Radio Explorer Marks" in this Agreement, are owned by Developer. This Agreement does not grant you any rights, title or interest in or to any Radio Explorer Marks or any trademarks or service marks of Developer's suppliers.
LICENSE TO USE
Subject to the terms and conditions of this Agreement, Developer grants you a non-exclusive, royalty free, non-transferable, limited license to store, install, use, access, run or otherwise interact with Software. You may not deal with this software in any way except as expressly provided by this Agreement.
EVALUATION AND REGISTRATION
Upon installation, Software can run in the evaluation mode for a period comprising 21 days and 14 uses. After the evaluation period, your license to use Software expires. You must register Software to retain the license.
Software is distributed on the try-before-you-buy basis. You should sufficiently evaluate Software before registering it.
You may permanently transfer registered Software in its entirety to a user that agrees to the terms of this Agreement.
RESTRICTIONS ON USE
Software is licensed as a single product. Its component parts may not be separated.
Software is designed to be used with multiple operating systems. You may use Software on more than one computer and with more than one operating system, provided that it will be not used concurrently on or from more than one computer or another digital electronic device of any type, including but not limited to workstation or terminal.
You may not modify or adapt Software. You may not reverse engineer, de-compile or disassemble Software, or otherwise translate Software to human-perceivable form. You may not merge, link with, or create derivative works based on Software.
You may not publish, sublicense, sell, rent, lease, or lend Software.
You may distribute Software in the distribution archive form, complete and unmodified as you downloaded it from the Radio Explorer Web site or otherwise received it, on a person-to-person basis, only until a newer version of Software is available, and without bundling with any other package. You may not charge a fee for the distribution service except for a reasonable fee intended to cover costs of distribution media. You may not redistribute registration codes for Software.
You may make copies of Software for personal use with back-up or archival purposes.
Software contains documentation provided only in electronic form. You may print one copy of such electronic documentation for reference purposes.
You may not use Software in a manner that is disparaging to Developer.
PROFESSIONAL USE
Under the terms of this Agreement, you may not use Software for professional purposes. If you plan on using Software for professional purposes, please contact Developer for supplementary license terms.
PRIVACY POLICY
Developer will not disclose personal information provided by you when registering Software or getting support to any third parties except as required by applicable law.
DISCLAIMER OF WARRANTY
SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL SUCH WARRANTIES ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SOFTWARE IS ASSUMED BY YOU. SHOULD SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DEVELOPER BE LIABLE FOR ANY CLAIM OR FOR ANY DAMAGES, INCLUDING ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH SOFTWARE OR THE USE OR INABILITY TO USE OR OTHER DEALINGS IN SOFTWARE, EVEN IF DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERMINATION
This Agreement is effective until terminated. Developer may terminate this Agreement without notice if you fail to comply with any terms or provision of this Agreement. You or Developer may terminate this Agreement immediately should Software become, or in your opinion be likely to become, a cause of infringement of any intellectual property right. In the event of termination of this Agreement for any cause, you must destroy all copies of Software and all of its component parts.
INTEGRATION AND SEVERABILITY
This Agreement constitutes the entire Agreement between you and Developer related to its subject matter. It supersedes and prevails over any previous or contemporaneous agreements, communications, proposals, representations and warranties related to its subject matter, whether written or oral.
In the event that any term or provision of this Agreement is held to be unenforceable by a court of competent jurisdiction, the remaining terms and provisions shall be in full force and effect.
GOVERNING LAW AND DOMICILE
Any action related to this Agreement will be governed by, and interpreted in accordance with, the laws of the Russian Federation. No choice of law rules of any arbitrary jurisdiction will be applicable. Venue for all disputes arising out of actions related to this Agreement shall be Pavlovo, Nizhny Novgorod region, Russia.
END OF TERMS AND CONDITIONS