End User License Agreement for the KEXP Artist Discovery Application
This End User License Agreement ("Agreement") is a legal agreement between you and KEXP for the "KEXP Artist Discovery" Application (the "Application"). By downloading or otherwise using the Application, you are agreeing to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT USE THE APPLICATION.
1. License. KEXP hereby grants you a non-exclusive, limited, revocable license to use the Application solely as expressly permitted by these terms. You may download and install the Application on a single computer and use the Application to access and to receive streaming content from the KEXP.org website (the "Site"), which content may include live streams of music, podcasts, streams of archived music, associated meta data and associated graphical works (together with any other content that may be made available by KEXP through the Application, the "Content").
2. Restrictions on Use. You may not: (a) reproduce or modify the Application or Content; (b) transfer the Application or Content to a different device than the one to which it was originally downloaded; (c) run any add-on application in conjunction with the Application in any manner that changes the manner in which the Content is retrieved or displayed, or use any plug-in or enhancement that permits you to save modifications to a file with the Application; (d) rent, lease, sell, transfer, publicly display, or transmit the Application or the Content or make any commercial or other non-personal use of, or financially benefit directly from the use of, the Application or Content; (e) reverse engineer, decompile or disassemble, or otherwise discover the source code form of, the Application, except as expressly permitted by applicable law; or (f) make use of the Application or the Content in contravention of any applicable laws, including without limitation any copyright laws. The Application is licensed, not sold, and all rights not expressly granted are reserved. No right or license to use any KEXP trademarks or service marks is being granted under this Agreement.
4. Disclaimer of Warranty. THE APPLICATION AND CONTENT ARE PROVIDED 'AS IS' AND KEXP EXPRESSLY DISCLAIMS ANY WARRANTIES ASSOCIATED WITH OR RELATING TO THE APPLICATION AND CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. KEXP DOES NOT WARRANT THAT THE APPLICATION WILL BE ERROR-FREE OR WITHOUT INTERRUPTION, NOR THAT ANY ERRORS WILL BE CORRECTED. KEXP DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY CONTENT. KEXP MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS OR OTHER MALICIOUS CODE. KEXP DOES NOT AND CANNOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE POSSIBLE OUTCOMES OR BENEFITS YOU MAY OBTAIN BY USING THE APPLICATION. KEXP DOES NOT REPRESENT OR WARRANT THAT IT WILL CONTINUE TO MAKE CONTENT AVAILABLE VIA THE APPLICATION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE APPLICATION AND THE CONTENT REMAINS WITH YOU.
5. Limitation on Liability. In no event shall KEXP be liable for any damages arising out of your inability to use the Application or Content, even if KEXP has been advised of the possibility of such damages. In no event will KEXP be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. KEXP shall have no liability with respect to the Content, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, copyright, privacy, trademark, business interruption, personal injury, or moral rights.
6. Termination. Without prejudice to any other rights, KEXP may suspend your use of the Application or terminate this Agreement at any time, with or without cause. Upon termination of this Agreement, you (a) acknowledge and agree that all licenses and rights to use the Application shall terminate, (b) will cease any and all use of the Application, and (c) will remove the Application from the device on which it is installed and destroy all copies of the Application in your possession or under your control.
7. Severability and non-waiver. If a portion of this Agreement is held unenforceable, the remainder shall be valid. This means that if one section of the Agreement is not lawful, the rest of the Agreement is still in force. A party's failure to exercise any right under this Agreement will not constitute a waiver of (a) any other terms or conditions of this Agreement, or (b) a right at any time thereafter to require exact and strict compliance with the terms of this Agreement.
8. Miscellaneous. You hereby agree to the use of electronic communication in order to enter into this Agreement and to the electronic delivery of notices, policies and other materials or information. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law. This Agreement is governed by the laws of the State of Washington without regard to its conflict of law provisions, and each of the parties agree to submit to the personal and exclusive jurisdiction of the courts located within King County, Washington.