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Web Radio Professional End User License Agreement
All individuals who install the Web Radio
Professional software are bound by the following end user license agreement.
This is a legal agreement between Licensee and the Promagnum
Corporation. Promagnum is willing to license this software to you only upon
the condition that you accept all of the terms and conditions contained in
the following license agreement. Please read the terms and conditions
carefully as continuing with the use of this software will indicate your
acceptance of all the terms and conditions of the license agreement
("agreement"). If you do not agree to the terms and conditions, the
Promagnum Corporation is unwilling to license the software to you.
Definitions
"Software" shall be taken as referring to the files supplied in the
software archive and to any and all copies, updates, modifications,
functionally-equivalent derivatives, or any parts or portions thereof.
"Licensor" shall be taken as referring to the Promagnum Corporation.
"Licensee" shall be taken as referring to the person or business entity who
obtained this License to use this Software or for whom such a License was
provided to.
Grant of License
Upon acceptance of the Agreement, as evidenced by continuing with the
setup procedure, Promagnum grants Licensee a non-transferable, non-breachable,
non-sublicensable license to use for exclusive purposes with this copy of
the enclosed software program (the "Software") on a limited number (2) of
workstations connected to the internet at any location within North America.
The Licensee may not distribute the Software for the sake of achieving
profit, but only by allowing other individuals to use the original software
setup wizard as-is to discover the product. If the licensee purchases the
full version of this product, they agree that they are paying for the
software and its features, and not the music or other content.
Copyright Acknowledgments
Full recognition is given out to the work of private developers,
music artists, and the music labels. The Web Radio Professional software is
provided solely for the purpose of promoting music and its respective
producers; the individual record holders and music label companies. The
software allows users to simply "Sample" music before buying it. The work of
all artists is respected and is by no means distributed illegally through
the streaming of such music at radio quality from Promagnum's Web Radio
servers. Full copyright acknowledgment is given to Jon Wilson for the
development of the Asteroids game, and Andy Naughton for the development of
The Flash Mind Reader. Legal acknowledgment is also directed to Microsoft
for the use of its Windows Media Technologies and Internet Explorer
Technologies. Any other copyrighted contribution to this software is the
recognized property of its respected owner.
Important Terms to Accept
The chat function included with this software is offered strictly for
the ability of sharing interests with other users of the same product.
Promagnum will not be held liable for any implication arising from the
Licensee's use of the chat service. The licensee is entirely responsible for
its behavior within our chat rooms. As well, the game content is experienced
at the user's own discretion. The Promagnum Corporation is hereby not liable
for any content-related objections in relation to the available games in Web
Radio Professional.
Content Information
At Promagnum we believe that material censorship reduces the overall
appeal of material, and provides an inaccurate presentation. As a result, no
promoted music on any radio station is obligated to become censored. If you
cannot accept this condition, we encourage that you do not use this
software. It is understood upon installing this software that the licensee
may not hold Promagnum liable for any content related discrepancy.
Privacy Guarantee
All information obtained by Promagnum is kept confidential and will
not be shared with any other company or person. Upon installing this
software, the Licensee must agree that the Promagnum Corporation cannot be
held responsible for own user information misuse. The Promagnum Corporation
is thereby released from all possible accusations of sharing user
information.
No Adware or Spyware Guaranteed
The Promagnum Corporation has never included adware or spyware with
any of its software, and hereby guarantees such a continued commitment. The
software you are about to install contains no adware or spyware whatsoever.
It is guaranteed safe from both of these elements.
Legal Disclaimer Regarding The Use of Affiliate Software
The Promagnum Corporation will by no means claim liability for any
issues caused by the licensee's use of affiliate software, including
Ragnarok: Age of Chaos. Since all affiliate software is made available on an
optional basis, the licensee must assume full responsibility for choosing to
use such software. The licensee is therefore accepting that any damages or
losses caused by the use of any affiliate software will not hold Promagnum
liable.
Additional Copyright Information
The Software and the accompanying documentation is protected by the
copyright laws of Canada and by international treaty provisions. It
may be reproduced for the sole purpose of making a backup copy for archival
purposes. You may not reproduce the written documentation accompanying the
Software.
Other Terms
You may not modify the Software or any copy, modification, or merged
portion, in whole or in part, except as expressly provided for in this
Agreement. Licensee shall not decompile, disassemble, or reverse engineer
any of the Software or attempt to do so. Licensee shall not rent, lease,
sublicense, or sell the Software.
Proprietary Rights
Other than any license granted herein, Licensor retains exclusive
proprietary rights (including all rights, title, and interest) in the
Software. Licensee agrees not to represent that the Licensor is affiliated
with or approves of Licensee's application software in any way. Licensee
shall not use Licensor's name, trademarks, or any Licensor designation in
association with Licensee's application software.
Termination
This license is effective until terminated. Licensee may terminate it
at any time by destroying all copies of the Software covered by this
Agreement and all support files generated by the Software. It will also
terminate if Licensee fails to comply with any term or condition of this
Agreement. Licensee agrees that upon such termination to destroy this
Software, including all copies, functionally-equivalent derivatives, and all
portions and modifications thereof in any form.
Warranties: Disclaimers
THIS SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU.
SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION.
Promagnum does not warrant that the functions contained in this
Software will meet your requirements. The Licensor does not warrant that the
operation of this Software will be uninterrupted or error-free.
IN NO EVENT WILL THE PROMAGNUM CORPORATION BE LIABLE TO YOU FOR ANY DAMAGES,
INCLUDING ANY LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY OR ANY
OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THIS SOFTWARE EVEN IF PROMAGNUM OR ITS AUTHORIZED
REPRESENTATIVE(S) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT SHALL LICENSOR'S LIABILITY
EXCEED AMOUNTS PAID TO LICENSOR BY LICENSEE UNDER THE TERMS OF THE
AGREEMENT.
General
Licensee may not sublicense, assign or otherwise transfer this
License or Software except as expressly provided in this Agreement. Any
attempt to otherwise sublicense, assign, or transfer any of the rights,
duties or obligations hereunder is expressly prohibited and will terminate
this Agreement.
By continuing the use of Web Radio, Licensee acknowledges that Licensee has
read this agreement, understands it, and agrees to be bound by its terms and
conditions. Licensee further agrees that this is the complete and
exclusive statement of the agreement between us, which supercedes any
proposal or prior agreement, oral or written, and any other communications
between us relating to the subject matter of this agreement.
This Agreement will be governed by the laws outlined under the Criminal Code
of Canada.
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