SOFTWARE LICENSE AGREEMENT

SOFTWARE LICENSE AGREEMENT

Please read the following license agreement carefully before installing Rich Media Player (“Software”).

1. USE OF THE SOFTWARE

1.1 Your use of Software is subject to the terms of a legal agreement between you and Radiocom CJSC, the Software provider. In order to use the Software, you must first agree to the Terms. You may not use the Software if you do not accept the Terms. You can accept the Terms by installing, distributing, or otherwise using the Software.

1.2 This Software is a shareware product that can be used freely at home, work, school, or public place in any non-commercial capacity. Using or distributing the Software for commercial purposes without the written permission of Radiocom CJSC is prohibited.

1.3 You have the right to use the Software to consume contents on a fair use basis that does not infringe upon the rights of the contents’ copyright owner and in accordance with the copyright and intellectual property rights of the region in which the Software is being used. For more information on US copyright law and fair use, take a look at the following materials:

http://www.copyright.gov/fls/fl102.html

http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/

http://www.copyrightwebsite.com/Info/Law/FairUse.aspx

http://chillingeffects.org/fairuse/

· The School of Communication American University Center for Social Media has a helpful Code of Best Practices in Fair Use for Scholarly Research in Communication that you may wish to visit.

· The Electronic Frontier Foundation provides a database of copyright laws around the world at http://copyright-watch.org.

· In European Union countries, the Commission website has some helpful information and links: http://ec.europa.eu/internal_market/copyright/index_en.htm.

WIPO has a list of Intellectual Property and Copyright Offices internationally; you can find the one applicable for your country here: http://www.wipo.int/directory/en/urls.jsp

1.4 You may not use this Software in conjunction with any technologies, software products or services that are developed for the purposed of evading or disabling the copyright protection on content, works or licenses that are protected under the copyright laws of the country or region in which the Software is being used.

1.5 You may not modify, reverse engineer, decompile, or disassemble the Software. (VLC Player http://www.videolan.org is used as third party component in accordance with the GPL, for more information please visit http://www.gnu.org/licenses/gpl-2.0.html )


2. ADDITIONAL FUNCTIONS AND SERVICES


2.1 The Software which you use may automatically download and install updates from time to time from Radiocom CJSC, The Software provider. These updates are designed to improve, enhance and further develop the Software and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Radiocom CJSC, The Software provider to deliver these to you) as part of your use of the Software. Furthermore, it is possible that certain features and functions that were previously available will become unusable after updating.


2.2 There may be times when You will be directly presented with offers for additional content, software, services, or a combination of any of these things when downloading, installing, using, or updating the Software. By downloading, installing, using, or updating the Software You agree to be presented with such offers and/or advertisements.


3. EXCLUSION OF WARRANTIES


3.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”


3.2 IN PARTICULAR, Radiocom CJSC, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(C) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS WILL BE CORRECTED.


4. LIMITATION OF LIABILITY


4.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 3.2 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Radiocom CJSC, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY) OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;


5. CHANGES TO THE SOFTWARE LICENSE AGREEMENT


5.1 Radiocom CJSC, may make changes to the Software License Agreement from time to time. When these changes are made, Radiocom CJSC will make a new copy of the Software License Agreement available at http://www.richmediaplayer.com/sla.html and any new Additional Terms will be made available to you from within, or through, the affected Software.