User's Guide Part 1

6/25/2003 ©2003 TerraDigital Systems, LLC
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TerraPlayer
License Agreement and Warranty
License Agreement
TerraPlayer End User License Agreement
THIS END USER LICENSE AGREEMENT ("LICENSE") IS A LEGAL AGREEMENT BETWEEN YOU
AND TERRADIGITAL SYSTEMS, LLC (“TERRADIGITAL”). YOU SHOULD CAREFULLY READ THE
FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING, REGISTERING, OR USING THE
TERRAPLAYER DIGITAL AUDIO JUKEBOX™ (THE “DEVICE”). THE DEVICE CONTAINS
SOFTWARE, FIRMWARE, AND ASSOCIATED MEDIA (COLLECTIVELY, THE “SOFTWARE”) AND
ONLINE, ELECTRONIC AND PRINTED MATERIALS (COLLECTIVELY, THE “DOCUMENTATION”),
THE USE OF WHICH IS LICENSED BY TERRADIGITAL TO ITS CUSTOMERS AS SET FORTH
BELOW. REGISTERING OR USING ANY PART OF THE DEVICE INDICATES THAT YOU ACCEPT
THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE,
YOU ARE NOT AUTHORIZED TO USE THE SOFTWARE OR DOCUMENTATION AND YOU SHOULD
RETURN THE DEVICE UNUSED, ALONG WITH ANY DOCUMENTATION, SOFTWARE, HARDWARE
AND PACKAGING TO THE VENDOR YOU BOUGHT IT FROM FOR A REFUND. DO NOT RETURN
THE DEVICE TO TERRADIGITAL UNLESS YOU BOUGHT IT DIRECTLY FROM TERRADIGITAL.
THE DEVICE MAY ALSO INCLUDE COMPUTER SOFTWARE, THE USE OF WHICH IS LICENSED TO
YOU BY TERRADIGITAL’S SUPPLIERS (“THIRD PARTY SOFTWARE”). ACCEPTANCE OF THIS
LICENSE CONSTITUTES ACCEPTANCE OF APPLICABLE THIRD PARTY SOFTWARE LICENSES.
THE TERMS OF APPLICABLE THIRD PARTY SOFTWARE LICENSES CAN BE FOUND IN APPENDIX
B OF THE TERRAPLAYER USER MANUAL.
The Software and Documentation are protected by copyright laws and international copyright treaties, as well as
by other intellectual property laws and treaties. The Software and Documentation are licensed, not sold.
Limited License
TerraDigital grants you a nonexclusive, nontransferable (except as specified herein) license to use the Software
and the Documentation, solely in connection with your use of the Device, subject to the terms and restrictions
set forth in this License.
TerraDigital may, but is not obligated to, provide you with updates or upgrades to the Software or
Documentation ("Updates"), for free or subject to payment of additional license fees. Use of any Update is
subject to the terms of this License. By installing, copying or otherwise using any such Update, you agree to be
bound by the terms of this License with respect to such Update.
You are not permitted to lease, rent, distribute or sublicense (except as specified herein) the Software or
Documentation or to use the Software or Documentation in a time-sharing arrangement or in any other
unauthorized manner. Further, no license is granted to you in the human readable code of the Software (source
code); use of the software being restricted to its executable form. Except as provided below, this License does
not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights with respect to the
Software or Documentation.
The Documentation may be copied only as essential for backup or archive purposes in support of your use of
the Software or Device as permitted hereunder. You must reproduce and include all copyright notices and any
other proprietary rights notices appearing on the Documentation on any copies that you make. You agree not to
remove or deface any portion of any legend provided on any Documentation delivered to you under this
License. Notwithstanding any other provision of this License, this License shall not be deemed to apply to any
other application’s software licensed to you by third parties that is included on the same media as TerraDigital’s
Software (“Other Software”) if the Other Software provides that the use of the Other Software is subject to the
terms and conditions of the third party’s license agreement (e.g., see Gracenote License Terms, below).
Further, your rights with respect to the TerraPlayer Utility Suite™ software (including associated software,
media and materials) included with the Device are subject to a separate end user license, which is provided in
electronic form in connection with the installation of such software.