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SHOUTcast Radio™ Broadcaster Terms of Use


Welcome to SHOUTcast™ Radio!  This SHOUTcast Radio™ Broadcaster Agreement and Terms ("Agreement" or “Terms”) sets forth the terms and conditions under which you may use our applications and services to transmit audio-based Content for transmission via SHOUTcast Radio. 


THE SHOUTCAST RADIO APPLICATION SOFTWARE INCLUDES THE FOLLOWING COMPONENTS:

a) SHOUTcast Radio DNAS Application

b) THE SHOUTcast Radio/AOL Toolbar Application powered by AOL

In this Agreement, you are agreeing to the following terms: 

1. SHOUTcast Radio Broadcaster Terms of Use

2. Supplemental Terms for the SHOUTcast Radio/AOL Toolbar


SHOUTcast Radio Terms of Service


BY CLICKING TO INSTALL, CHECKING THE “AGREE” BOX, OR BY USING OUR SOFTWARE, YOU SIGNIFY ELECTRONICALLY THAT YOU AGREE TO THESE TERMS OF SERVICE (“TERMS”) AND THE TERMS OF OUR PRIVACY POLICY. EACH TIME YOU DOWNLOAD OR USE A SHOUTCAST APPLICATION, OR TRANSMIT YOUR AUDIO CONTENT THROUGH SHOUTCAST RADIO, YOU REAFFIRM YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE TO THIS LICENSE, CLICK "CANCEL" AND DO NOT INSTALL, COPY OR USE THE SHOUTCAST RADIO APPLICATIONS.

If you do not agree, you may not use SHOUTcast Radio.

1. Definitions.

We will use the following definitions in this Agreement:

“Applications” means software, code, application programming interfaces, tools and any related supporting materials and documentation provided by us to you to enable you to transmit your Station via SHOUTcast Radio. 

“Broadcasters” mean individual or entities authorized by us who transmit audio-based content through SHOUTcast Radio. 

“Content” means text, images, video, audio (including, without limitation, music used in time relation with text, images, or video), and other data, products, services, advertisements, promotions, URLs, keywords and other navigational elements, links, pointers, technology and software.

“SHOUTcast Radio” means the Web sites, applications, software, widgets updates and services of SHOUTcast Radio.com and its affiliated sites.

“Stations” means the programs featuring audio-based content that you host and transmit through SHOUTcast Radio.

“We” or “us” means Nullsoft, Inc. and its affiliates, successors, parents (including AOL LLC), subsidiaries, assigns and licensee, who provide SHOUTcast Radio. 

2.About these Terms.

We may in our sole discretion change or update these Terms at any time. You can review the most current version of these terms by clicking on the ["Terms of Service"] hypertext link located at the bottom of our homepage at [http://www.shoutcast.com.] Your ongoing use of SHOUTcast Radio or Applications after we post or notify you about changes to the Terms signifies your acceptance of the new terms. If you do not agree to the changes, your sole recourse is to stop using SHOUTcast Radio and the Applications. 

3. About SHOUTcast Radio. 

a.SHOUTcast Radio offers information, directories and search functionality to enable users to access, view and listen to Content such as music and provides links to other sites and third party providers of music, Internet music stations and other content. As a directory and search service, SHOUTcast Radio does not host and is not responsible for the Content accessed through its directory or search functionality.

b.SHOUTcast Radio is intended for general audiences and for personal and information use only. We may add, change or discontinue (a) any aspect of SHOUTcast Radio and (b) any specific Application or tool at any time, in our sole discretion and without notice to you. We may offer certain applications, services or features for a fee, which will be subject to separate payment terms that will be presented to you and shall be binding on you if you elect to use those features.

c.SHOUTcast Radio is controlled and operated within the United States. Although SHOUTcast Radio is accessible from outside of the United States, you understand and agree that SHOUTcast Radio (i) is not designed or customized for distribution for any specific country or jurisdiction (“Territory”), (b) is not intended for distribution to, or use by, any person or entity in any Territory where such distribution or use would be contrary to local law or regulation, (c) may not be appropriate or available for access or use in any particular Territory, and (d) is provided without any Content filtering or rating mechanism. We have no obligation to assure that SHOUTcast Radio complies with applicable local laws and regulations within the Territories in which you elect to use SHOUTcast Radio. You are solely responsible for compliance with local laws as applicable when you transmit your Stations via SHOUTcast Radio.

d.SHOUTcast Radio does not pre-screen Content and you agree that SHOUTcast Radio has no obligation to pre-screen Content, although SHOUTcast Radio may do so in its sole discretion. SHOUTcast Radio’s offerings of directories, search results, links and/or access to Content does not mean that we endorse the Content, you or the Broadcasters. 

e.You agree that we may list, categorize, display on SHOUTcast Radio directories, modify logos and descriptions of your Stations as we determine in our sole editorial discretion and that we have no obligation to provide any specific placement of your Stations on SHOUTcast Radio.

f.You agree that SHOUTcast Radio is supported by advertisements and that we have the exclusive right to sell advertisements on SHOUTcast Radio, on any directories, and along with your Stations transmitted through SHOUTcast. 

4.Registration; Developer Keys. 

You must register with us in order to use our Applications and to create a Station for transmission via SHOUTcast Radio. You agree to provide true, accurate, complete and up-to-date registration information about yourself. We may require that you obtain a unique identification code or “key” provided by us to you (“Key”) to access and use SHOUTcast Radio and its Applications. You may not share, loan, provide, or sublicense such Key to any other person or party or transfer such Key to any other person or party.  Violation of the preceding restriction shall be material breach of this Agreement and may (in our sole discretion) result in termination of this Agreement.

5.Your Obligations

a.You are responsible for paying any applicable taxes and for all hardware, software, service and other costs you may incur in connection with transmitting your Stations via SHOUTcast Radio, including costs incurred by you in hosting your Stations and in connecting to SHOUTcast Radio via the Internet.

b.You may use the Applications only to access SHOUTcast Radio and transmit your Stations via SHOUTcast Radio. You agree to abide by all usage rules, end user licenses, supplemental terms and guidelines posted by SHOUTcast Radio regarding your use of the Applications and the transmission of your Stations via SHOUTcast Radio. In the event of any discrepancy between the terms of an end user license and this Agreement, the terms of this Agreement shall prevail. 

c.You, and not us, are solely responsible for all Content included in your Stations, including without limitation, advertisements contained therein. 

d.You (and not us) are solely responsible for obtaining all necessary rights, permissions, licenses, applicable taxes, certifications and clearances to provide your Stations on SHOUTcast Radio. You are solely responsible for ensuring that the Content on your Stations comply with all applicable laws and regulations. You are solely responsible for all applicable royalties to the copyright owners regarding the Content contained in your Stations. You understand and agree that we have no obligation or liability to you or any third party to obtain such rights, permissions, clearances or royalty payments and we shall have no responsibility or liability to you, users of your Stations of any third party for your failure to obtain such rights, permissions, clearances or payments of any applicable royalties.

e.You may not implement any functionality that would supersede, circumvent, contravene, or otherwise contradict the anti-circumvention provisions of the Digital Millennium Copyright Act (“DMCA”) or other applicable laws with respect to your use of the Application or your transmissions of your Stations via SHOUTcast Radio.

6.Restrictions

You agree that you will not access or use SHOUTcast Radio, the Applications, transmit any Content, or otherwise engage in any conduct that: 


1.  Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights.

2.  Harasses or advocates harassment of another person. Contains explicit, crude or graphic descriptions or accounts of sexual acts including sexual language of a violent or threatening nature, is intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation. Hate speech is unacceptable.

3.  Depicts violence in a gratuitous manner, without journalistic or artistic merit, primarily intended to agitate or cause emotional distress. 

4.  Condones, threatens and/or instigates physical harm towards others, or oneself. 

5.  Impersonates any person, business or entity, including Nullsoft and its employees and agents.

6.  Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network.

7.  Encourages conduct that would constitute a criminal offense or activity, or that gives rise to civil liability.

8.  Is illegal or incites illegal activity such as physical and/or death threats. 

9.  Contains images of nudity and/or sexual acts, solicits the exchange, sale or purchase of sexually explicit images.

10.  Attempts to exploit a minor (under 18 years old), solicits personal information from a minor (under 18 years old). Personal information includes full name, home address, home telephone number or other identifying "offline" information.

11.  Violates the SHOUTcast.com Terms of Service, Privacy Policy,  Broadcaster Terms of Use, or any other guidelines or any policy posted on SHOUTcast.com.

12.  Interferes with the use of SHOUTcast.com by others.

13.  Allows the Broadcaster services to gain unauthorized access to any other Nullsoft/Nullsoft services, user accounts, computer systems or networks, through hacking, password mining or any other means. 

You agree that we may take any legal and technical remedies to enforce these Terms, including without limitation, immediate termination of your account or access to SHOUTcast Radio if we believe in our discretion that you are violating these Terms. 

7.DMCA

You agree to comply with the following specific DMCA rules in connection with your Stations, which requirements include but are not limited to the following: 

 -You may not include in your Stations specific sound recordings within one hour of a request by a listener or at a time designated by the listener. 

 -You may not program more than three songs (and not more than two songs in a row) from the same recording in a three-hour period, and you may not program more than four songs (and not more than three songs in a row) from the same recording artist or anthology/box set. 

  -Continuous looped Stations may not be less than three hours long. 

 -You may retransmit your Internet Radio under the following schedule: 

-Stations of less than one hour: no more than three times in a two-week period; 

  -Stations longer than one hour: no more than four times in any two-week period. 

 -You may not announce, post or publish any guides that announce ahead of time which particular sound recordings will be played or the order in which they will be played. 

-You may only transmit sound recordings that are authorized for performance in the United States. 

  -You must pass through (and not disable or remove) identification or technological protection information included in the sound recording (if any). 

8.Proprietary Rights and License 

a.Subject to the terms of this Agreement, we grant to you a nonexclusive, limited, non-transferable, non-sublicensable, revocable, royalty free, license during the term of this Agreement (i) to use the Applications to transmit your Stations solely through SHOUTcast Radio, (ii) to use the documentation that accompany the Applications, and (iii) to transmit your Stations via SHOUTcast Radio, provided that such Stations and their Content fully comply with the terms of this Agreement.   

b.You acknowledge that you obtain no intellectual property rights or licenses by this Agreement except for the limited licenses expressly granted.   

c.You acknowledge and agree that we and our licensors are the sole and exclusive owners of all rights, title, and interest, including all trademarks, copyrights, patents, trade names, trade secrets, and other intellectual property rights in and to SHOUTcast Radio and the Applications (“Intellectual Property”). You agree that all copyright, trademark, and other proprietary notices which are embedded in SHOUTcast Radio, and/or the Applications shall remain as embedded, in the same manner as embedded by us, in each and every copy of the Applications. You agree not to contest our and our licensors’ ownership in such Intellectual Property and that you agree that you will not violate these rights and access and use SHOUTcast Radio and the Applications only as authorized by the owners of these rights. 

d.You shall not, and shall not permit a third party to (i) alter, copy or reproduce any part of the Applications; (ii) reverse engineer, modify, disassemble, decompile, or otherwise attempt to derive source code; (ii) modify or create derivative works from the Applications; or (iv) copy, duplicate, or store any Directory Information or data otherwise retrieved from or derived from SHOUTcast Radio or the Applications.    

e.You may not sell or redistribute the Applications. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the Applications or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from the Applications in any way or remove proprietary notices in the Applications. You agree to abide by all laws and regulations in effect regarding your use of the Applications. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.

f.We may automatically check your version of the Applications and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.

g.The software is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the software with only those rights as set forth herein.

9.Export laws.

You agree to fully comply with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that you will not directly or indirectly export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government. You are responsible for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances. You further agree to assume responsibility for and bear all expenses relating to your compliance with the described laws, regulations, rules and orders, and obtaining all necessary authorizations and clearances.

10.Your License to Us.

You grant us the royalty-free, non-exclusive, perpetual right and license throughout the world to display, publish, and promote (a) information and descriptions concerning your Stations on SHOUTcast Radio, including without limitation your Stations’ name and other pertinent information about you and your Stations and (b) links to your Stations, and (b) use display, modify your trade name, service marks trademarks and/or your Stations’ logos. Without limiting the foregoing provisions of this paragraph 10, you grant us the royalty-free, non-exclusive, perpetual right and license throughout the world to transmit and permit our end users, and other Internet Web site operators and their end users, to access your Stations via SHOUTcast Radio and any other Web sites. We shall not be liable for any unauthorized uses of your Stations by end users or any other third parties.

11. Electronic Delivery Policy and Your Consent.

You acknowledge that you are agreeing to these terms online and electronically and that these Terms have the same effective as an agreement on paper. You authorize us to provide you with required notices, agreements and information concerning the SHOUTcast Radio electronically. Your affirmative act of submitting and clicking to register for SHOUTcast Radio constitutes your electronic signature to these Terms. We will provide you our notices either by sending them to the e-mail address that you give to us or by posting the notices on the home page of the SHOUTcast Radio or on the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, your only recourse is to discontinue your use of the SHOUTcast Radio.

12. Privacy Policy.

The SHOUTcast Radio Privacy Policy http://www.shoutcast.com/privacy explains the practices that apply to your information when you use the SHOUTcast Radio. Your ongoing use of the SHOUTcast Radio signifies your consent to the Privacy Policy. You can review the Privacy Policy by clicking on the “Privacy Policy” link located on the home page of the SHOUTcast Radio.

13. Your Responsibilities.

You may use SHOUTcast Radio for lawful purposes only. You are responsible for all activities under your account, including all legal liability incurred from the use of your account by you or others. 

14.No Spam.

You may not use SHOUTcast Radio, the Applications or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use SHOUTcast Radio to violate the terms of this section. We may terminate your access or use of SHOUTcast Radio immediately and take any other legal action if you, or anyone using your access to SHOUTcast Radio, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks. 

15.Copyright Claims.

We respect the intellectual property of others, and we ask our Content providers to do the same.

If you believe that your copyrighted work has been copied and is accessible on the SHOUTcast Radio websites in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:

1. an electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.2. a description of the copyrighted work that you claim has been infringed and a description of the infringing activity.

3. identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL (i.e., web page address) where it is posted or the name of the book in which it has been published.

4. identification of the URL or other specific location on the SHOUTcast Radio site where the material that you claim is infringing is located, including enough information to allow us to locate the material.

5. your name, address, telephone number, and email address.

6. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

7. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


Our agent for notice of claims of copyright infringement on this site can be reached as follows:

Via WWW: http://www.aol.com/info/notify.html

By mail: Regina O'Brien Thomas,

Assistant General Counsel, AOL LLC

22000 AOL Way

Dulles, VA 20166

By fax: (703) 466-9170 

By phone: (703) 265-0094 


16.Representations and Warranties.  

You represent and warrant to us that: (a) you have the legal capacity to enter into this Agreement; (b) all information provided by you to us in connection with your registration for and use of SHOUTcast Radio or the Applications are true and accurate; (c) you own or have the rights to grant us the licenses described in Section 10 above; and (d) that your use of SHOUTcast Radio, the Applications, and your stations (i) will not be used in any commercially unreasonable manner; (ii) will not infringe any intellectual property rights of any third party, including without limitation, any right of privacy, publicity, copyright, trademark, or patent; and (iii) will comply with all applicable laws, rules and regulations, including without limitation, consumer protection, data security, and privacy laws. Further, You will ensure that you possess all authorizations, approvals, consents, licenses, permits, certificates and other rights and permissions necessary to transmit your Stations via SHOUTcast Radio and/or perform your obligations hereunder. 


17.Disclaimer of Warranties; As Is 

19.1   SHOUTCAST RADIO AND THE APPLICATIONS ARE  PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS AND  NO WARRANTY IS PROVIDED BY US TO YOU REGARDING SHOUTCAST RADIO AND THE APPLICATIONS, INCLUDING, BUT NOT LIMITED TO THE DOCUMENTATION, INFORMATION OR ANY OTHER MATERIAL PROVIDED BY US HEREUNDER. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.  WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE OPERATION OF SHOUTCAST RADIO AND THE APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE. 

19.Limitation of Liability.  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR PARENT, AFFILIATES, SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE "NULLSOFT GROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE SHOUTCAST RADIO OR THE APPLICATIONS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION. IN ADDITION, THE MAXIMUM AGGREGATE LIABILITY OF THE NULLSOFT GROUP FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED DOLLARS (USD $100). WE PROVIDE SHOUTCAST RADIO AND APPLICATIONS WITHOUT CHARGE AND THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS REPRESENT A REASONABLE ALLOCATION OF RISK UNDER THIS AGREEMENT. 

20.        Acknowledgement. 

The disclaimer of warranty and limitation of damages set forth above are essential elements of the bargain between you and us. You agree that we would not be able to provide SHOUTcast Radio or the Applications on an economic basis without such limitations. 

21.        Indemnification. 

You will indemnify, hold harmless and, at our request, defend us, the Nullsoft Group and/or our or the Nullsoft Groups’ licensors and other suppliers and/or distributors from and against any and all claims, liabilities, losses, damages, expenses and costs (including attorneys' fees and costs) relating to a) your breach of any provision under this Agreement, b) the Stations,  or c) otherwise arising out of Your use of SHOUTcast Radio or the Applications. We will give you prompt notice of any such claim made against it, and You and we will cooperate in the defense of any such claim, suit or proceeding, including appeals, negotiations and any settlement or compromise thereof, provided that we must approve the terms of any settlement or compromise, and such approval will not be unreasonably withheld. 


22.        TERM AND TERMINATION. 

This Agreement commences upon the date you respond to agree to the terms of this Agreement by clicking your acceptance to these Terms and will continue in force thereafter, unless terminated as provided herein (the "Term"). We (without incurring liability of any kind to you or any third party) may change, suspend, or discontinue all or any aspect of SHOUTcast Radio or the Applications, at any time, and may terminate this Agreement or Your use of SHOUTcast Radio or the Applications (in whole or in part) at any time, without notice, for no reason or for any reason, including, but not limited to, your breach of any condition hereunder. You may terminate this Agreement by ceasing use of SHOUTcast Radio and the Applications. You agree that once the Agreement is terminated, you will not use SHOUTcast Radio or the Applications.

23.TAXES.

Each party agrees to pay and shall be responsible for its own taxes incurred by or levied upon in collection with the performance of its obligations under this Agreement, including without limitation, taxes arising from or measured by each party's net income.

24.Choice of Law and Location for Resolving Disputes.

YOU EXPRESSLY AGREE THAT EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE WITH US, THIS AGREEMENT  OR RELATING IN ANY WAY TO YOUR USE OF SHOUTCAST RADIO OR THE APPLICATIONS RESIDES IN THE FEDERAL OR STATE COURTS LOCATED IN THE COMMONWEALTH OF VIRGINIA AND YOU FURTHER AGREE AND EXPRESSLY CONSENT TO THE EXERCISE OF PERSONAL JURISDICTION IN SUCH COURTS IN CONNECTION WITH ANY SUCH DISPUTE INCLUDING ANY CLAIM INVOLVING AOL OR THE SOFTWARE. PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN.25.No Press Releases.   

In no event shall each You make press releases or other public statements related to the subject matter of this Agreement or us without our prior written consent. You understand and agree that we may make press releases or public statements related to the subject matter of this Agreement without your approval. For clarity, you agree that we may but are not required to promote your stations or your participation in SHOUTcast Radio without your approval.

26. Severability and Integration.

These Terms and any supplemental terms, policies, rules and guidelines posted on SHOUTcast Radio constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.



Last Updated: 2-1-2009



****************************************************************************************************



SUPPLEMENTAL TERMS FOR THE SHOUTCAST RADIO/AOL TOOLBAR


IN ADDITION TO THE TERMS CONTAINED IN THE SHOUTCAST RADIO™ BROADCASTER TERMS OF USE, THE FOLLOWING SUPPLEMENTAL TERMS APPLY TO YOUR INSTALLATION AND USE OF THE SHOUTCAST RADIO/AOL TOOLBAR. BY INSTALLING AND/OR USING THE PRODUCT, YOU AGREE ELECTRONICALLY THAT THE SHOUTCAST RADIO LICENSE AGREEMENT AS SUPPLEMENTED BY THE FOLLOWING TERMS APPLY TO YOUR USE OF THE SHOUTCAST RADIO/AOL TOOLBAR. 

1. WEB SITES AND CONTENT. Content that may be accessed through the use of the SHOUTcast Radio/AOL Toolbar ("Toolbar"), including any links to certain web sites and RSS feeds offered with the Toolbar, is the property of its respective owner. Neither AOL nor Nullsoft (collectively, "AOL") is responsible for such content and AOL makes no representations or warranties regarding the accuracy or reliability of the information included in such content. The content on the linked sites is provided to you for your personal, non-commercial use as a convenience to you. You must agree to abide by the terms and conditions that may apply to any interactive online service that you elect to use with the Toolbar. Some of the services that AOL may offer for use with the Toolbar may require that you register with AOL and obtain a User ID or screen name, which will be subject to separate terms and conditions, which you will have an opportunity to review and approve. 

2. PRIVACY POLICY. You consent to the information practices disclosed in the AOL Network Privacy Policy located at http://about.aol.com/aolnetwork/aol_pp (or the AOL Member Privacy Policy located at http://about.aol.com/aolnetwork/mem_policy#2 if you are an AOL member) when you use the AOL Toolbar. 

3. SUGGESTIONS. You agree that AOL may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the Toolbar. 

4. YOUR REPRESENTATIONS. You represent and warrant that you have adequate legal capacity to enter into this Agreement, that you will use the Toolbar only for lawful purposes and that you will not violate the terms of this Agreement. 

5. AUTOMATED UPDATES. AOL may deliver to your computer automated updates, upgrades, modifications, and/or patches to address issues such as security, interoperability, and performance (collectively “Updates”). You may be given the opportunity to choose whether you want all Updates delivered automatically or you would prefer to be notified when a new Update is ready to be installed. You authorize AOL to deliver automatically any Update if we believe it is necessary to provide for the continued functionality of the Toolbar. Your use of the Updates will be governed by this Agreement unless you are asked to agree to new or additional terms and conditions at the time of download or installation. 

6. PERFORMANCE AND USAGE INFORMATION. 

(a) TECHNICAL INFORMATION. Most of the Toolbar software is configured to report back information automatically relating to computer errors arising in connection with use of the Toolbar, without notice to you. Information on your Toolbar configuration settings may be included. This data is sent to AOL to help diagnose performance issues with, and improve, the Toolbar. 

(b) FEATURE USAGE INFORMATION. The Toolbar may also provide AOL with anonymous information about use of the Toolbar’s features and buttons. AOL uses this information in the aggregate to determine which Toolbar features and buttons are most popular and useful to its users. 

(c) SOFTWARE ID. The Toolbar may contain a specific identification number for the purpose of tracking the number of unique instances of the Toolbar in use. 

(d) PERSONALIZATION. You may be asked to provide AOL with certain information so that we can personalize content presented to you through the Toolbar. For example, you may be asked for your zip code, which could be used to provide you with relevant local weather and/or news reports. 

  7. THIRD PARTY OFFERINGS. Third parties may from time to time offer applications or services to access, “plug-into” or interact with the Toolbar. You may only use third-party applications authorized by us for use with the Toolbar. Your use of any third-party applications will be at your own risk and subject to the terms and conditions of those third parties. AOL makes no representations or warranties, express or implied, regarding the third party applications. You agree that AOL is under no obligation to provide you with any error corrections, updates, upgrades, fixes and/or enhancements to make the Toolbar accessible through or compatible with these third party applications. 


8. DISCLAIMERS.  THE TOOLBAR IS PROVIDED "AS IS" WITH ALL FAULTS. AOL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES THAT THE TOOLBAR IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. YOU AGREE THAT AOL OFFERS THE TOOLBAR AT NO COST TO YOU AND, THEREFORE, IN CONSIDERATION FOR YOUR ACCESS AND USE OF THE SOFTWARE, YOU AGREE THAT AOL SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES REGARDING THE TOOLBAR, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES TO THE FULL EXTENT PERMITTED BY LAW.   

9. TERMINATION. Your license to use the Toolbar terminates immediately if you violate any terms of the Agreement or any terms that apply to the User ID or screen name associated with your use of the Toolbar. 

10. INCORPORATION BY REFERENCE. All terms and conditions pertaining to the "Product" and "Basic Product" in the SHOUTcast Radio™ Broadcaster Terms of Use apply to the Toolbar, including without limitation, any disclaimers and limitation of liability, and are incorporated into these supplemental terms by reference. 



Last updated 2-1-2009


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