TalkShoe End-User Software License Agreement for TalkShoe Live! Pro
Last Update: October, 2007
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE TALKSHOE SOFTWARE. BY USING THE TALKSHOE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF THE TALKSHOE SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK "DISAGREE/DECLINE". IMPORTANT NOTE: This software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. This software may also be used for remote access to audio or video files for listening or viewing between computers. Remote access of copyrighted files is only provided for lawful personal use or as otherwise legally permitted. If you are uncertain about your right to copy or permit access to any material you should contact your legal advisor.
1. General. The software and any other files accompanying this License, whether delivered to you by TalkShoe via online transmission or otherwise (collectively the "TalkShoe Software") are licensed, not sold, to you by PCS Corp, d.b.a. TalkShoe ("TalkShoe") for use only under the terms of this License, and TalkShoe reserves all rights not expressly granted to you. The rights granted herein are limited to TalkShoe's and its licensors' intellectual property rights in the TalkShoe Software and do not include any other patents or intellectual property rights. You own the media on which the TalkShoe Software is recorded but TalkShoe and/or TalkShoe's licensor(s) retain ownership of the TalkShoe Software itself. The terms of this License will govern any software patches, updates, upgrades or otherwise provided by TalkShoe that replace and/or supplement the original TalkShoe Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. The TalkShoe Software is also subject to a separate Terms of Service agreement which also governs your access to the TalkShoe website which among other things offers downloads of audio and video and other services (collectively and individually, "Services"). The TalkShoe Software is distributed solely for use by authorized end users according to the terms of the License. Any use, reproduction or redistribution of the TalkShoe Software not expressly authorized by the terms of the License is expressly prohibited.
2. Terms of Service. As mentioned above, you must accept the Terms of Service in order to access the Services and to use the TalkShoe Software. The Terms of Service agreement governs all aspects of the TalkShoe Software. You may view the Terms of Service by visiting the following website: http://www.talkshoe.com/se/legal/TermsOfService.html. If you do not agree with the Terms of Service, then (a) you should not register for an account, and (b) you should delete your account or contact TalkShoe customer service at +1 (724) 935-TALK to arrange for your account and any user submissions to be deleted.
3. Permitted License Uses and Restrictions. This License allows you to install and use the TalkShoe Software. The TalkShoe Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. You may not make the TalkShoe Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the TalkShoe Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the TalkShoe Software or any part thereof. THE TALKSHOE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE TALKSHOE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
4. Transfer. You may not rent, lease, lend or sublicense the TalkShoe Software. You may, however, make a one-time permanent transfer of all of your license rights to the TalkShoe Software to another party, provided that: (a) the transfer must include all of the TalkShoe Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the TalkShoe Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the TalkShoe Software reads and agrees to accept the terms and conditions of this License.
5. TalkShoe website and other Services. This software enables access to the Services. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Services at your sole risk and that TalkShoe shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types (including categories, sub-categories, and Podcast categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that TalkShoe does not guarantee their accuracy. Certain Services may include materials from third parties or links to certain third party websites. You acknowledge and agree that TalkShoe is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. TalkShoe does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that TalkShoe is not in any way responsible for any such use by you.
You agree that the Services, including but not limited to audio files, video files, and user submissions and other content, contain proprietary information and material that is owned by TalkShoe and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, duplicate, rent, lease, loan, sell, trade, resell, distribute, or create derivative works based on the Services, in any manner, (including your TalkShoe username, password or account), and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. TalkShoe and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will TalkShoe be liable for the removal of or disabling of access to any such Services. TalkShoe may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
6. Patches, Updates, Upgrades. TalkShoe may deploy or provide patches, updates, upgrades, and modifications to the TalkShoe Software that must be installed for the user to continue to use it or the Services. TalkShoe may update the TalkShoe Software remotely, including, without limitation, the TalkShoe Live! Pro client residing on the user's machine, without knowledge or consent of the user, and you hereby grant to TalkShoe your consent to deploy and apply such patches, updates, upgrades and modifications to the Software.
7. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from TalkShoe if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the TalkShoe Software and destroy all copies, full or partial, of the TalkShoe Software.
8. Export Control. You may not use or download or otherwise export or re-export (or transfer to a national or resident) the TalkShoe Software except as authorized by United States law and the laws of the jurisdiction in which the TalkShoe Software was obtained. In particular, but without limitation, the TalkShoe Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the TalkShoe Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
You agree to indemnify and hold TalkShoe, its parent corporation, its subsidiaries, affiliates, officers, directors, agents, employees, partners and licensors harmless from any claim, damages, obligations, losses, liabilities, costs or debt, expenses or demands, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
10. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE TALKSHOE SOFTWARE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TALKSHOE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TALKSHOE SOFTWARE OR SERVICES AND YOUR USE THEREOF. TALKSHOE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE TALKSHOE SOFTWARE OR SERVICES OR THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SOFTWARE OR THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE TALKSHOE SOFTWARE OR SERVICES, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE TALKSHOE SOFTWARE OR SERVICES, (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE TALKSHOE SOFTWARE OR SERVICES BY ANY THIRD PARTY, AND/OR (e) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TALKSHOE SOFTWARE OR SERVICES. TALKSHOE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TALKSHOE SOFTWARE OR SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TALKSHOE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. Limitation of Liability
IN NO EVENT SHALL TALKSHOE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE TALKSHOE SOFTWARE OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE TALKSHOE SOFTWARE OR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE TALKSHOE SOFTWARE OR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TALKSHOE SOFTWARE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT TALKSHOE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The TalkShoe Software or Services is controlled and offered by TalkShoe from its facilities and/or its partners facilities in the United States of America. TalkShoe makes no representations that the TalkShoe Software or Services is appropriate or available for use in other locations. Those who access or use the TalkShoe Software or Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
12. Ability to Accept the Terms
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this License, and to abide by and comply with this License. In any case, you affirm that you are over the age of 13, as the TalkShoe Software and Services is not intended for children under 13. If you are under 13 years of age, then please do not use the TalkShoe Software and Services - there are lots of other great websites for you. Talk to your parents about what websites are appropriate for you.
Entire Agreement. This License constitutes the entire agreement between you and TalkShoe and governs your use of the TalkShoe Software, superseding any prior agreements between you and TalkShoe with respect to the TalkShoe Software. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other TalkShoe services, affiliate services, affiliate products, or third-party content.
Choice of Law and Forum. This License and the relationship between you and TalkShoe shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. You and TalkShoe agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Allegheny, Pennsylvania.
Waiver and Severability of Terms. The failure of TalkShoe to exercise or enforce any right or provision of the License shall not constitute a waiver of such right or provision. If any provision of the License is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the License remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the TalkShoe Software or the License must be filed within one year after such claim or cause of action arose or be forever barred.
Section Titles. The section titles in the License are for convenience only and have no legal or contractual effect.
14. Third Party Software and Service Terms and Conditions
Apache Software Foundation. This application uses certain Apache Software. That software is the Copyright (C)2000 The Apache Software Foundation. All rights reserved.
Further, you agree to the following conditions:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment: "This product includes software developed by the Apache Software Foundation (http://www.apache.org/)." Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.
4. The names "Apache" and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact email@example.com.
5. Products derived from this software may not be called "Apache", nor may "Apache" appear in their name, without prior written permission of the Apache Software Foundation.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Hibernate. This application uses certain Hibernate Software. That software is the Copyright (C) 2002-2005 JBoss Inc. All rights reserved.
BrowserLauncher2. This application uses certain BrowserLauncher2
software. That software is the Powered by the SourceForge(R) collaborative
development environment from VA Software
(C)Copyright 2006 - OSTG Open Source Technology Group, All Rights Reserved.
MP3SPI. This application uses certain MP3SPI software. That software is the Copyright © JavaZOOM 1999-2006, All Rights Reserved.
Further, Hibernate, BrowserLauncher2, and MP3SPI are delivered under the The GNU Lesser General Public License, and as such, you agree to certain terms and conditions from GNU, which can be found at http://www.gnu.org/licenses/licenses.html#LGPL .
J-Ogg. This software is based on or using the J-Ogg library available from http://www.j-ogg.de and copyrighted by Tor-Einar Jarnbjo.
Copyright © 2005-2009 TalkShoe