From: Gregory Alan Bolcer (email@example.com)
Date: Fri Jun 02 2000 - 15:35:10 PDT
Napster hires a lawyer...version 2 beta 6.
NAPSTER, INC. END-USER SOFTWARE LICENSE AGREEMENT
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS
BEFORE USING THE SOFTWARE WHICH CAN BE DOWNLOADED FROM THE
NAPSTER WEBSITE, ALONG WITH ANY ACCOMPANYING DOCUMENTATION (THE
SOFTWARE AND ITS DOCUMENTATION WILL BE REFERRED TO HEREIN AS
YOUR USE OF THE SOFTWARE MEANS THAT YOU ACCEPT THESE TERMS AND
CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND
CONDITIONS, THEN NAPSTER IS UNWILLING TO LICENSE THE SOFTWARE
TO YOU, AND YOU SHOULD NOT USE THE SOFTWARE. BY INSTALLING,
DOWNLOADING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU
ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS,
UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT
AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED AND
AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED AND
MAY NOT USE THE SOFTWARE.
1. SINGLE COPY SOFTWARE LICENSE. The SOFTWARE is copyrighted
and protected by law and international treaty. You may
download the SOFTWARE through a Web browser onto a single
computer for your personal, non-commercial internal use only,
unless specifically licensed to do otherwise by Napster, Inc.
This is a license, not a transfer of title, and you may not,
nor permit anyone else to, (a) modify the SOFTWARE or use it
for any commercial purpose or public display, performance, sale
or rental; (b) decompile, reverse engineer, or disassemble,
modify, or create derivative works based on the SOFTWARE or the
documentation in whole or in part; (c) remove any copyright or
other Napster, Inc. proprietary notices; or (d) transfer the
SOFTWARE to another person. You agree to prevent any copying
of the SOFTWARE that you download for your use from the Napster
You acknowledge that Napster may from time to time issue
upgraded versions of the SOFTWARE, and may automatically
electronically upgrade the version of the SOFTWARE that you are
using on your computer. You consent to such automatic
upgrading, and agree that the terms and conditions of this
Agreement (as may be amended from time to time by notices
posted on Napster's web site) will apply to all such upgraded
2. USE OF THE NAPSTER SOFTWARE AND NAPSTER SERVICE. The
SOFTWARE is an integrated browser which, when used with the
Napster service, is designed to enable musicians and music fans
to locate audio recordings available in the MP3 format. The
MP3 files that you locate using Napster are not stored on
Napster's servers. Napster does not, and cannot, control what
content is available to you using the Napster browser. Napster
users decide what content to make available to others using the
Napster browser and what content to download. Accordingly, you
are responsible for complying with all applicable federal and
state laws applicable to such content, including copyright
Napster respects copyright law and expects our users to do the
same. Unauthorized copying, distribution, modification, public
display, or public performance of copyrighted works is an
infringement of the copyright holders' rights. You should be
aware that some MP3 files may have been created or distributed
without copyright owner authorization. As a condition to the
license to use the SOFTWARE, you agree that you will not use
the SOFTWARE or the Napster service to infringe the
intellectual property rights of others in any way. You also
agree to comply with all of the notices, terms and conditions
posted on the Napster web site, including but not limited to
As a condition to your use of the Napster service and browser,
you agree that you will not (i) use the Napster browser or
service, or attempt to penetrate, modify or manipulate the
Napster browser or service or any of the hardware or software
thereof, in order to invade the privacy of, obtain the identity
of, or obtain any personal information about (including but not
limited to IP addresses of) any Napster account holder or user,
or to modify, erase or damage any information contained on the
computer of any user connected to the Napster service, or (ii)
reverse engineer any portion of the Napster service.
3. OWNERSHIP. The SOFTWARE is copyrighted proprietary
material of Napster, Inc. and may not be copied, reproduced,
modified, published, uploaded, posted, transmitted, or
distributed in any way, without Napster Inc.'s prior written
permission. Except as expressly provided herein, Napster, Inc.
and its suppliers do not grant any express or implied right to
you under any patents, copyrights, trademarks, or trade secret
information of Napster, Inc. or its suppliers.
4. TERMINATION OF THIS LICENSE. Napster, Inc. may terminate
this license at any time if you are in breach of any of these
terms and conditions of use. Upon such termination you must
and agree to immediately destroy all copies of the SOFTWARE.
5. DISCLAIMER. THE SOFTWARE IS PROVIDED "AS-IS." NAPSTER,
INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE SOFTWARE OR ITS OPERATION. TO
THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NAPSTER, INC.
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OF NON-
INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE
GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSIONS MAY NOT APPLY IN FULL. The SOFTWARE may
contain technical inaccuracies or typographical errors, so
changes and/or updates may be affected without notice.
Napster, Inc. may also make improvements and/or other changes
to the SOFTWARE at any time without notice.
6. LIMITATION ON DAMAGES. IN NO EVENT SHALL NAPSTER, INC. BE
LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL OR OTHER
CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING DIRECTLY OR
INDIRECTLY FROM THE USE OF THE SOFTWARE, INCLUDING BUT NOT
LIMITED TO ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR
OTHERWISE, EVEN IF NAPSTER, INC. HAS BEEN EXPRESSLY ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
7. GOVERNMENT END USERS. If this SOFTWARE is being acquired
on behalf of the United States Government, the following
applies. Use, duplication, or disclosure by the U.S.
Government is subject to restrictions set forth in this
Napster, Inc. End-User Software License agreement and as
provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS
252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR
52.227-19, or FAR 52.227-14 (ALT III), as applicable. Napster,
Inc., 4 West 4th Ave, Suite 401, San Mateo, CA 94402.
8. GOVERNING LAW. The web site through which this SOFTWARE
may be downloaded is controlled by Napster, Inc. from its
facilities in the United States of America. Napster, Inc.
makes no representations that the SOFTWARE is appropriate or
available for use in other locations. Those who download this
SOFTWARE from other jurisdictions do so at their own volition
and are responsible for compliance with local law. You may not
use or export this SOFTWARE in violation of U.S. exports laws
and regulations. This Agreement and any and all claims
relating to the SOFTWARE shall be governed by the laws of the
State of California, U.S.A. without regard to or application of
choice of law rules or principles.
9. AMENDMENTS. Napster, Inc. may amend these terms and
conditions at any time by a notice on its web site, which shall
be binding upon you; accordingly, we urge you to visit the
Napster web site periodically to review the then current and
effective terms and conditions for use of the SOFTWARE, as well
as the Napster web site and service. You may not revise or
amend these terms and conditions without the prior written
authorization of an officer of Napster, Inc. Certain
provisions of these terms and conditions may be superceded by
expressly designated legal notices or terms located within the
Napster web site.
10. NO WAIVER. No delay or failure to take action under these
terms and conditions will constitute a waiver by Napster, Inc.
unless expressly waived in writing by a duly authorized officer
Tom Whore wrote:
> On Fri, 2 Jun 2000, Rohit Khare wrote:
> --]Baseball caps and T-shirts emblazoned with the Napster logo are
> --]available for sale for $10 each, while Napster stickers are a bargain
> --]at a single buck. All checks are to be made payable to The Offspring,
> --]who plan to pocket the profits. Rollingstone.com quotes a source close
> --]to the band as saying, "It isn't about making money. In typical
> --]Offspring fashion, they think it's funny to fuck with people. They
> --]think Napster's cool and want to see how cool they [really] are."
> If napster bites on this one with a law suit or legal action of any kind
> they are fuxored.
> Hopefully all he original napster devs cashed out on this already. This
> has all the markings of a cartton netsacpe scenerio (hey lets charge for a
> free browser syndrome)
> [---===tomwhore@ wsmf.org inetarena.com slack.net===---]
> WSMF's web site ----http://wsmf.org
-- Greg Bolcer email: firstname.lastname@example.org web: http://www.endtech.com work: 949.833.2800 cell: 714.928.5476 fax: 603.994.0516
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