END USER LICENSE AGREEMENT

Schedule

Item 1: Replay Media Catcher 5

Item 2: The SOFTWARE will ATTEMPT to record 50% of any streamed media from 3rd PARTY STREAMING MEDIA PROVIDERS in formats specified in the accompanying written materials.

Item 3: The SOFTWARE will ATTEMPT to record 100% of any streamed media from 3rd PARTY STREAMING MEDIA PROVIDERS in formats specified in the accompanying written materials.

IMPORTANT READ CAREFULLY: This End User License Agreement is a legal agreement between the LICENSEE and APPLIAN for the SOFTWARE PRODUCT identified in item 1 of the Schedule. By installing, copying or otherwise using the SOFTWARE PRODUCT, the LICENSEE agrees to be bound by the terms of this EULA. If the LICENSEE does not agree to the terms of this EULA do not install, copy or use the SOFTWARE PRODUCT.
1. Definitions

The following definitions are applicable to this EULA.
1.1 EULA means this End User License agreement.
1.2 LICENSEE means YOU or the organisation (if any) on whose behalf YOU are taking the EULA.
1.3 SOFTWARE PRODUCT or SOFTWARE means the software identified at item 1 in the Schedule and all associated media, printed materials and may include online or electronic documentation.
1.4 APPLIAN means Applian Technologies Inc, 20 Vineyard Ave, San Anselmo, CA 94960, USA.
1.5 LICENSE means the license to use the SOFTWARE granted to the LICENSEE under this EULA.
1.6 TERMS means the terms and conditions that apply to all software and components of software that are not subject to this EULA or otherwise owned by APPLIAN.
1.7 YOU means an individual authorised to use the SOFTWARE as set forth herein.

1.8 3rd Party Streaming Media Providers means any 3rd party that provides via any means, streaming media services or downloadable data that may or may not be recordable or downloadable with the product identified at Item 1 in the Schedule.
1.9 3rd Party Search Providers means any 3rd party that provides video, music and/or radio search facilities used by the product identified at Item 1 in the Schedule.
1.10 RESTRICTED MODE means the software features are restricted as identified at item 2 in the Schedule.
1.11 UNRESTRICTED MODE means the software features are restricted as identified at item 3 in the Schedule.

1.12 ATTEMPT means to try to perform, make, or achieve.

1.13 OPEN SOURCE SOFTWARE means certain "open source" software packages selected by APPLIAN for inclusion in the SOFTWARE's distribution package.


2. Grant of License
2.1 Shareware License. APPLIAN grants the LICENSEE an irrevocable, non transferable non exclusive LICENSE to install and use the SOFTWARE in RESTRICTED MODE in respect of one computer at the same time or as provided by the TERMS (if any).
2.2 Registered License. APPLIAN grants the LICENSEE an irrevocable, non transferable non exclusive LICENSE to install and use the SOFTWARE in UNRESTRICTED MODE in respect of one computer at the same time or as provided by the TERMS (if any), provided the LICENSEE pays an additional fee to APPLIAN to obtain a license key and register this license key with the SOFTWARE and allows the SOFTWARE to access applian.com and applian.securesites.com to verify the license key.
2.3 The LICENSEE is permitted to make copies of the SOFTWARE for backup and archival purposes.


3. Covenants
3.1 The LICENSEE hereby covenants to APPLIAN not to, nor permit or offer to: sell, rent, lease, translate, decompile, adapt, vary, modify, disassemble, reverse engineer, create derivative works of, modify, sub-license, loan, or distribute the SOFTWARE other than with the express and written permission of APPLIAN.
3.2 The LICENSEE further covenants not to distribute the SOFTWARE license keys except with the express and written permission of APPLIAN.


4. Assignment
4.1 The LICENSEE may not assign or transfer its rights and obligations in this EULA without the prior written consent of APPLIAN.


5. Termination
5.1 Upon the happening of any of the following events APPLIAN has the right to immediately terminate this EULA;
(1) The LICENSEE commits a breach of any of the covenants contained in clause 3.1 and 3.2.
(2) The LICENSEE attempts to assign or transfer its interest in the SOFTWARE to any other company or person without the express and written consent of APPLIAN.
5.2 The LICENSEE may terminate this agreement at any time by giving APPLIAN 30 days notice in writing of its decision to terminate this EULA.
5.3 Termination of this EULA will terminate the LICENSE but will not relieve the LICENSEE from any expressed or implied obligation under this EULA.
5.4 On termination of this EULA the LICENSEE will:
(1) Immediately delete the SOFTWARE from any computer on which it is installed.

6. Warrants
6.1 APPLIAN warrants that the SOFTWARE will perform substantially in accordance with the Schedule and the accompanying written materials for thirty (30) days or the shortest time permitted by applicable law, whichever is greater.

6.2 The warranty under clause 6.1 does not apply to defects in the SOFTWARE due to accident, abuse, misapplication, abnormal use or a malware.

6.3 The LICENSEE acknowledges that errors may exist in the SOFTWARE and that APPLIAN will not be responsible for any loss or damage arising from any errors in the SOFTWARE.

6.4 The LICENSEE acknowledges that 3rd PARTY STREAMING MEDIA PROVIDERS can at their discretion change the technologies and licensing agreements required to stream and/or download media from their websites and that the SOFTWARE may not technically and/or legally be able to record such media and therefore the warranty under clause 6.1 does not apply to the SOFTWARE's ability and/or inability to record any particular streaming or downloadable media.

6.5 The LICENSEE acknowledges that 3rd PARTY SEARCH PROVIDERS can at their discretion change the technologies and licensing agreements required to provide the SOFTWARE's search features and functions and that the SOFTWARE may not technically and/or legally be able to continue to use such providers at some point in the future and therefore the warranty under clause 6.1 does not apply to the SOFTWARE's ability and/or inability to perform a search at any given time.

6.6 The LICENSEE acknowledges that the SOFTWARE may send performance and/ or usage statistics to APPLIAN.

6.7 The LICENSEE acknowledges that OPEN SOURCE SOFTWARE has been selected by APPLIAN for inclusion in the SOFTWARE, and that OPEN SOURCE SOFTWARE is not owned by APPLIAN, and that OPEN SOURCE SOFTWARE is distributed by APPLIAN to the LICENSEE for the LICENSEE's use under the terms of certain open source license agreements, copies of which are included within the SOFTWARE's distribution package and software about pages. The LICENSEE acknowledges that OPEN SOURCE SOFTWARE is third-party software that has not been manufactured, tested or otherwise approved by APPLIAN and that nothing in this EULA shall obligate APPLIAN to provide any support for the OPEN SOURCE SOFTWARE.

6.8 No employee, agent or representative of APPLIAN has the authority to bind APPLIAN to any oral representation or warranty concerning the SOFTWARE. Any written representation or warranty not contained in this EULA will not be enforceable by the LICENSEE.

7. Exclusions

7.1 To the maximum extent permitted by law, APPLIAN excludes, for itself and any supplier of software incorporated in the SOFTWARE, all liability for all claims, expenses, losses, damages and costs made against or incurred or suffered by the LICENSEE directly or indirectly (including without out limitation lost costs, profits and data) arising out of:
(1) Use or misuse of the SOFTWARE;
(2) Inability to use or obtain access to the SOFTWARE;
(3) Negligence of APPLIAN or its employees, contractors or agents, or of any supplier of software incorporated in the SOFTWARE, in connection with the performance of APPLIAN's obligations under this EULA; or
(4) Termination of the EULA by either party for any reason.


8. Limitations
8.1 The SOFTWARE is provided "AS IS" and all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this EULA or to this EULA generally, including without limitation, warranties as to: quality, fitness; merchantability; correctness; accuracy; reliability; correspondence with any description or sample, meeting the LICENSEEs or any other requirements; uninterrupted use; compliance with any relevant legislation and being error or malware free are excluded.
9. Severability
9.1 If anything in this EULA is unenforceable, illegal or void then it is severed and the rest of this EULA remains in force.

9. Applicable Law
9.1 The internal laws of the State of California govern this EULA.
9.1 The LICENSEE and APPLIAN submit to the exclusive jurisdiction of the courts for the State of California, or if there is federal jurisdiction, the United States District Court for the State of California.

Uninstallation
To Uninstall. First close Replay Media Catcher

Windows XP:
Go to Start/Control Panel. Double click on Add or Remove Programs. Find Replay Media Catcher 5 in list of programs under Currently installed programs. Click Remove. The Replay Media Catcher 5 uninstall process will start. Follow the prompts.

Windows Vista:
Go to Start/Control Panel. Double click on Programs and Features. Find Replay Media Catcher 5 in the list of programs. Click on Uninstall/Change. The Replay Media Catcher 5 uninstall process will start. Follow the prompts.

Windows 7/8:
Go to Start/Control Panel/Programs/Uninstall a Program. Find Replay Media Catcher 5 in your list of programs and click on Uninstall/Change. The Replay Media Catcher 5 uninstall process will start. Follow the prompts.

General Provisions
Survival. All portions of this EULA that are reasonably intended to survive any termination of this EULA, including but not limited to the defined terms contained herein and Sections 2, 3, 5, 6, 7, and 8, shall continue in full force and effect following any termination of this EULA.

Allocation Of Risk. The Sections on limitation of liability, limitation of warranties and indemnities allocate the risks of this EULA between the parties. This allocation is an essential element of the basis of the bargain between the parties.

Choice Of Law. This EULA will be governed by and construed in accordance with the laws of the United States and the State of California as applied to agreements entered into and to be performed entirely within California between California residents.

Entire Agreement. This EULA constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or simultaneous representations, discussions, negotiations and agreements, whether written or oral. No party has been induced to enter into this EULA by, nor is any party relying on, any representation or warranty outside those expressly set forth in this EULA. The headings and captions are inserted for convenience of reference only and do not constitute a part of or modify any of the terms of this EULA.

Severability. If any part of this EULA is found invalid or unenforceable, that part will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of this EULA will remain in full force and effect and the unenforceable provision will be replaced with an enforceable provision that most nearly achieves the intent and economic effect of the unenforceable provision.

Waiver. No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed by both parties. No consent by either party to, or waiver of, a breach by either party, whether express or implied, will constitute consent to, a waiver of, or excuse of any other, different, or subsequent breach by either party.

Rovi Song Recognition EULA / AMG EULA


This application incorporates software and technology of All Media Guide, LLC. ("AMG"). The AMG software and technology (the "AMG Technology") allows End Users to access music-related data ("AMG Data") over the Internet and otherwise from proprietary AMG databases (the "AMG Databases") located on AMG servers (the "AMG Servers") and to perform other functions (collectively with the AMG Technology, AMG Data, AMG Databases and AMG Servers, the "AMG Services"). AMG grants you a limited, non-exclusive, non-transferable, and non-sublicensable right and license to access and use AMG Services only by means of the intended End User functions of this application software.


You agree that you will use the AMG Services for your own personal non-commercial use only. You agree not to: (i) assign, copy, transfer or transmit the AMG Data to any third party; (ii) use or exploit the AMG Services, except as expressly permitted herein; (iii) decompile, disassemble or reverse engineer the AMG Services or any component thereof; (iii) remove any copyright, trademark, trade names, logos or other intellectual property notices in the AMG Services; or (iv) sell, distribute, publish, disclose lease, license transfer or otherwise use the AMG Services, or any portion thereof, other than as expressly provided in these Terms of Use.


You agree that the license to use the AMG Services granted herein will terminate if you violate these restrictions. In addition, AMG may revoke or terminate this license at any time in its sole discretion. If your license terminates, you agree to cease any and all use of the AMG Services. You agree to defend, indemnify and hold harmless AMG and its affiliates from all liabilities, claims and expenses, including attorneys' fees arising from your breach of these Terms of Use.


AMG reserves all rights in the AMG Services, including all ownership rights. You acknowledge that as between you and AMG, all right, title and ownership to the AMG Services and components thereof remain the exclusive property of AMG, and nothing herein will be deemed to grant you any ownership rights in the AMG Services. You agree that AMG may enforce its rights under this Agreement against you directly in its own name.


AMG reserves the right to delete data from the AMG Databases or to change data categories for any cause that AMG deems sufficient. No warranty is made that the AMG Technology or AMG Servers are error-free or that functioning of AMG Technology or AMG Servers will be uninterrupted. AMG is not obligated to provide you with any new, enhanced or additional data types or categories that AMG may choose to provide in the future and is free to discontinue its online services at any time, without any obligation to you.


To the extent that you, the End User, provide any information or original works of authorship to be added to AMG Databases, you represent and warrant that you are the sole author of such work(s) and further hereby assign to AMG all rights of copyright therein, including the right to register the copyright in such work(s) as part of the AMG Database.


THE AMG SERVICES AND COMPONENTS THEREOF ARE PROVIDED TO YOU "AS IS." AMG MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY OF THE AMG SERVICES INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AMG DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE AMG SERVICES.


IN NO CASE WILL AMG OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL SPECIAL, PUNITIVE OR OTHER DAMAGES INCLUDING WITHOUT LIMITATION ANY LOST PROFITS OR LOST REVENUES OR INTERRUPTION WITH BUSINESS UNDER ANY THEORY OF LAW, INCLUDING CONTRACT, TORT, NEGLIGENCE, INDEMNITY, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE AMG SERVICES. IN NO EVENT WILL AMG'S LIABILITY FOR DAMAGES WITH RESPECT TO THE AMG SERVICES BE IN EXCESS OF TEN DOLLARS REGARDLESS OF THE FORM OF THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

Copyright © 2008-2013 Jaksta Technologies Pty Ltd. All rights reserved.

Under exclusive license to Applian Technologies Inc.