Hulu.com

1. DESCRIPTION OF SERVICE AND ACCEPTANCE

Hulu, LLC ("Hulu," "we" or "us") provides an online video service offering a selection of television shows, movies, clips and other content (collectively, "Content") available on the Hulu.com website (the "Hulu Site"), Hulu's affiliate and distribution partner websites ("Distribution Sites"), and other websites where users may embed the Content (these websites, together with the Hulu Site and Distribution Sites, are referred to collectively as the "Sites"). Our video service, including the Content and our video player, and any other features, tools, applications, materials or other services offered from time to time by Hulu in connection with its business on any of the Sites are referred to collectively as the "Hulu Services." We are a company based in the United States.

It is our pleasure to provide the Hulu Services for your personal enjoyment and entertainment. In order for all of our users to enjoy the Hulu Services, it is important to follow the terms and conditions described in this Terms of Use ("Terms of Use" or "Terms"). By visiting the Hulu Site (whether or not you are a registered member) or using any of the Hulu Services on any of the Sites, you are accepting this Terms of Use. Please take a moment to carefully read through these Terms. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms, please contact us at feedback@hulu.com (subject line: "TOU Question").
2. CHANGES TO THE TERMS OF USE BY HULU

Hulu may change this Terms of Use at any time and such change shall be effective upon posting the new Terms of Use on the Hulu Site at http://www.hulu.com/terms. Any visit to the Hulu Site or use of the Hulu Services on any of the Sites by you after the new Terms are posted will indicate your agreement to such change. Therefore, it is important you read this page regularly to ensure you are familiar with the most updated terms.
3. ACCESS AND USE OF THE HULU SERVICES

You must be at least 13 years of age to visit the Hulu Site or use the Hulu Services on any Site.

Your License. Hulu is pleased to grant you a limited license to access and make personal, non-commercial use of the Hulu Services. Hulu owns and retains all rights to the Hulu Services. Please remember that the Content provided to users as part of the Hulu Services is owned by Hulu and its licensors. The Hulu Services are protected by intellectual property laws, including trademark, trade secret, copyright, and other laws.

The Content. You may view the Content only for your own use and you must leave any copyright and other proprietary notices marked on the Content. The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying, translation, broadcast, distribution, performance, display, sale, or transmission of the Content is strictly prohibited unless you have obtained the prior written consent of Hulu or unless it is expressly permitted by Hulu on a Site. The Content covered by this restriction includes any text, graphics, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless you have obtained the prior written consent of Hulu or unless it is expressly permitted by Hulu on a Site. This prohibition applies even if you intend to give away the derivative materials.

The Video Player. With respect to Hulu's video player, you must not modify, enhance, or otherwise alter in any way any portion of the video player or its underlying technology. This restriction includes disabling or otherwise modifying the video service in a manner that enables users to view the Content without using the Hulu video player. Also, you may not embed Hulu's video player on any website or other location that contains content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate (collectively, "Unsuitable Material").

Your Responsibilities. In order for us to keep the Hulu Services safe and available for everyone to use, we all have to follow the same rules of the road. In general, we need for everyone to use the Hulu Services for lawful and appropriate purposes only. Your commitment to this concept is critical. More specifically, you agree not to use the Hulu Services in a way that:

* violates the rights of others including patent, trademark, trade secret, copyright, publicity or other proprietary rights;
* uses technology or other means to access the Hulu Services that is not authorized by Hulu (including disabling or circumventing any mechanisms for preventing the unauthorized reproduction or distribution of the Hulu Services);
* accesses the Hulu Services through any automated system, including "robots," "spiders," or "offline readers" (other than public search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of the Hulu Services);
* attempts to introduce 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;
* attempts to damage, disable, overburden, impair, or gain unauthorized access to the Hulu servers, computer network, or user accounts;
* attempts to collect personally identifiable information in violation of Hulu's Privacy Policy;
* encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
* violates these Terms, guidelines or any policy posted on the Hulu Site; or
* interferes with any other party's use and enjoyment of the Hulu Services.

No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the Hulu Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent unsolicited bulk or other communications from entering, utilizing or remaining within our computer or communications networks. If you Post (as defined below) or otherwise send spam, advertising, or other unsolicited communications of any kind through the Hulu Services, you acknowledge that you will have caused substantial harm to Hulu and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Hulu $50 for each such unsolicited communication you send through the Hulu Services.

Downloads. In order to participate in certain Hulu Services, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.

Suspension/Discontinuation. We hope not to, but in order to ensure that we provide you with a first class user experience, we may find it necessary to change, suspend or discontinue — temporarily or permanently — some or all of the Hulu Services, at any time without notice. It is important that you understand that Hulu will not be liable to you for any modification, suspension or discontinuance of the Hulu Services.
4. PAYMENTS

Access to the Hulu Site and use of the Hulu Services is free. If we feel it is appropriate to charge for certain premium Hulu Services, we will of course notify you. You will then have an opportunity not to use such premium Hulu Services if you are not interested in paying for them. You are responsible for any costs you incur to access the internet.
5. ACCOUNTS AND REGISTRATION

We may from time to time offer various features that require registration or the creation of an account on the Hulu Site. If at any time you choose to register or create an account with us, these additional terms and conditions also will apply.

All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any representative of any Site. You are responsible for all use on your account, including unauthorized use by any third party. Therefore, it is critical that you do not share your password with anyone. Please notify us at support@hulu.com (subject line: "Account Security Breach") as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.

You may terminate your account by emailing support@hulu.com (subject line: "Account Termination Request"). Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account.

We reserve the right to immediately terminate your account or your use of the Hulu Services at any time without notice or liability if Hulu determines in its sole discretion that you have breached this Terms of Use, violated any law, rule, or regulation, or engaged in other inappropriate conduct. We also reserve the right to terminate your account or your use of the Hulu Services if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the Hulu servers being made or the volume of User Material (as defined below) being Posted.
6. COLLECTION AND USE OF PERSONAL INFORMATION

For information about Hulu's policies and practices regarding the collection and use of your personally identifiable information, please read Hulu's Privacy Policy located at http://www.hulu.com/privacy. The Privacy Policy is incorporated by reference and made part of this Terms of Use. Thus, by agreeing to this Terms of Use, you agree that your presence on the Hulu Site and use of the Hulu Services on any of the Sites are governed by the Hulu Privacy Policy in effect at the time of your use.
7. USER REVIEWS, COMMENTS, AND OTHER MATERIAL

Your Posts. As part of the Hulu Services, users may have an opportunity to publish, transmit, submit or otherwise post (collectively, "Post") reviews, comments or other materials (collectively, "User Material"). In order to keep the Hulu Services enjoyable for all of our users, we ask you to adhere to the following rules.

Please choose carefully the User Material you Post. Please limit yourself to User Material directly relevant to the Hulu Services. Moreover, you must not Post User Material that: (a) contains Unsuitable Material; or (b) improperly claims the identity of another person. You should also be careful if you decide to Post personally identifiable information, such as your full name, email address, telephone number or street address.

You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Hulu the license provided below; you also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Hulu will remove all User Material if properly notified that such User Material infringes on another person's rights. You understand that Hulu does not guarantee any confidentiality with respect to any User Material.

Hulu does not claim any ownership rights in User Material you Post. After Posting your User Material, you continue to retain all ownership rights. By Posting your User Material, you grant Hulu a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Hulu Services worldwide, in perpetuity, in any media formats and any media channels now known or hereinafter created. Without this license, we would not be able to provide your User Material in connection with the Hulu Services. For example, without the right to modify User Material, we could not format it to satisfy technical requirements, and without the right to publish User Material, we could not allow other users to view your User Material. The license you grant to Hulu is non-exclusive (meaning you are free to license your User Material to anyone else in addition to Hulu), fully-paid and royalty-free (meaning that Hulu is not required to pay you for the use of your User Material), and sublicensable (so that Hulu is able to use its affiliates, subcontractors and other partners such as internet content delivery networks to provide the Hulu Services). By Posting your User Material, you also hereby grant each user of the Hulu Services a non-exclusive limited license to access your User Material through the Sites, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Hulu Services and under these Terms of Use.

Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate or inappropriate. Hulu does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Hulu. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate. In no event does Hulu assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Hulu with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. If a "report" feature through the Hulu Services is not available for a specific instance of inappropriate User Material, please email feedback@hulu.com (subject line: "Inappropriate User Material").
8. LINKED WEBSITES AND ADVERTISING

Third Party Websites. If we provide links or pointers to other websites, no inference or assumption should be made that Hulu operates, controls, or is otherwise connected with these websites. When you click on a link within the Hulu Services, we will not warn you that you have left a Site and are subject to the terms and conditions (including privacy policies) of the destination website. In some cases it may be less obvious than others that you have left a Site and reached another website. Please be careful to read the terms of use and privacy policy of any website before you provide any confidential information or engage in any transactions. You should not rely on these Terms for another website.

Hulu is not responsible for the content or practices of any other website, even if it links to the Hulu Site or any of the other Sites and even if the website is operated by a company affiliated or otherwise connected with Hulu. By using the Hulu Services, you acknowledge and agree that Hulu is not responsible or liable to you for any content or other materials hosted and served from any third party website.

Advertisements. Hulu takes no responsibility for advertisements or any third party material Posted on any of the Sites, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Hulu Services are between you and the advertiser, and you agree that Hulu is not liable for any loss or claim that you may have against an advertiser.
9. TRADEMARKS

Hulu, the Hulu logo, www.hulu.com, and other Hulu marks, graphics, logos, scripts, and sounds are trademarks of Hulu. None of the Hulu trademarks may be copied, downloaded or otherwise exploited without Hulu's prior written consent.
10. UNSOLICITED SUBMISSIONS

Hulu does not knowingly accept unsolicited submissions including, scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. Hulu's policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any Hulu creative work, including a film, series, story, title, or concept, would be purely coincidental.
11. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

WHILE WE DO OUR BEST TO ENSURE THE OPTIMAL PERFORMANCE OF THE HULU SERVICES, YOU AGREE THAT USE OF THE HULU SERVICES IS AT YOUR OWN RISK. THE HULU SERVICES, INCLUDING THE HULU SITE AND THE OTHER SITES, THE CONTENT, USER MATERIAL AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HULU DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; OR THAT THE HULU SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE.

IN NO EVENT SHALL HULU OR ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (COLLECTIVELY, THE "HULU PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE HULU SERVICES (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, EVEN IF THE HULU PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE HULU PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS AND YOUR USE OF THE HULU SERVICES.
12. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that any Content, User Material or other material provided through the Hulu Services, including through a link, infringes your copyright, you should notify Hulu of your infringement claim in accordance with the procedure set forth below.

We will process each notice of alleged infringement which Hulu receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Hulu's Copyright Agent at dmca@hulu.com (subject line: "DMCA Takedown Request"). You may also contact us by mail or facsimile at:

Attention: Copyright Agent
Hulu, LLC
12312 W. Olympic Blvd.
Los Angeles, CA 90064
Facsimile: (310) 571-4701

To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Hulu Services that is reasonably sufficient to enable Hulu to identify and locate the material; (d) how Hulu can contact you, such as your address, telephone number, and email address; (e) a written 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; and (f) 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. Emails sent to dmca@hulu.com for purposes other than communication about copyright infringement may not be answered.

Hulu has a policy of terminating repeat infringers in appropriate circumstances.
13. GENERAL INFORMATION

International Use. Hulu's goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where Hulu does not have rights is prohibited.

Export Controls. Software and the transmission of applicable technical data, if any, in connection with the Hulu Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

Choice of Law. This Terms of Use is governed by, and construed in accordance with, the laws of the State of California without giving effect to principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts located in the Los Angeles County of the State of California.

No Waiver/Reliance. If you see other users violating these Terms from time to time, we would appreciate it if you would let us know at feedback@hulu.com (subject line: "TOU Violation"). Precisely how Hulu responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. Please do not rely upon Hulu's precise response in one situation as any indication of what Hulu might do with respect to a different party or a different situation at a different time. In addition, please do not construe a waiver of any provision of these Terms of Use with respect to any user as a further or continuing waiver of such provision or any other provision with respect to that user or any other user. Hulu's decision to delay exercising or enforcing any right or remedy under these Terms of Use shall not constitute a waiver of such right or remedy.

Integration, Amendment, and Severability. Please note that this Terms of Use constitutes the entire legal agreement between you and Hulu and governs your use of the Hulu Services (but excluding any services, if any, that Hulu may provide to you under a separate written agreement), and completely replaces any prior agreements between you and Hulu in relation to the Hulu Services. It may not be amended or varied by you except in a writing signed by Hulu. Although we understand that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures these days, for these purposes a signature may not include an electronic or digital signature. Even if Hulu acts in a way that appears to you to be inconsistent with these Terms of Use, such action(s) should not be deemed a waiver or constructive amendment of these Terms. This Terms of Use operates to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Thank you for taking the time to read this Terms of Use. By following these Terms, the experience will be better for all users. Enjoy the Hulu Services!

iTunes store

iTunes Store

TERMS OF SERVICE

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND APPLE INC. ("APPLE") STATING THE TERMS THAT GOVERN YOUR USE OF THE ITUNES STORE SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF APPLE'S RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND APPLE. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND APPLE MAY REFUSE ACCESS TO THE ITUNES STORE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

1. Definition of the iTunes Store Service. Apple is the provider of the iTunes Store (the "Service") that permits you to purchase or rent (as applicable) digital content, such as sound recordings and videos (including movies and television shows), games, software, and ring tones, under certain terms and conditions as set forth in this Agreement.

2. Age requirements for use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.

3. Objectionable Material. You understand that by using the Service, 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 Service at your sole risk and that Apple shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types (including genres, sub-genres and Podcast categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that Apple does not guarantee their accuracy.

4. IMPORTANT SAFETY INFORMATION. (1) To avoid muscle, joint or eye strain during video game play, you should always take frequent breaks from playing, and stop and take a longer rest if your eyes, hands, wrists, or arms become tired or sore or you feel any other discomfort. (2) A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including while playing video games or watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts, Consult a doctor before playing video games if you have ever suffered these or other symptoms linked to seizures and/or epilepsy, and stop playing immediately and see a doctor if these or similar symptoms occur during game play. Parents should monitor their children’s video game play for signs of symptoms.

4. System Requirements. Use of the Service requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended (and is required for Movie Rentals). You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or rental (as applicable) or obtaining of any other product shall be construed to represent or guarantee you access to the Service.

5. Policies and Rules. Your use of the Service and transactions made through it are subject to Apple's Terms of Sale at http://www.apple.com/legal/itunes/us/sales.html, which can be readily viewed on the Service, and any end-user agreements or other terms and conditions required for use of the Service, all of which are hereby made a part of this Agreement. If you have not already read Apple's Terms of Sale, you should do so now. Your purchase of software products made through the Service is subject to any end-user agreements or other terms and conditions required for use of such products, all of which are hereby made a part of this Agreement.

6. Apple's Privacy Policy. Except as otherwise expressly provided for in this Agreement, the Service is subject to Apple's Privacy Policy at http://www.apple.com/legal/privacy/, which is expressly made a part of this Agreement. If you have not already read Apple's Privacy Policy, you should do so now.

7. Your Information. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Apple may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that Apple may store and use the Registration Data you provide (including credit card and PayPal account information) for use in maintaining your accounts and billing fees to your credit card or PayPal account.

8. User Account and Security.

a. Account and Password. As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Apple of any unauthorized use of your Account or any other breach of security. Apple shall not be responsible for any losses arising out of the unauthorized use of your Account.

b. Security. You understand that the Service, and products transacted through the Service, such as sound recordings, videos (including movies and television shows), games, software, ring tones, and related artwork ("Products"), include a security framework using technology that protects digital information and limits your usage of Products to certain usage rules established by Apple and its licensors ("Usage Rules"). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by Apple for compliance purposes, and Apple reserves the right to enforce the Usage Rules with or without notice to you. You will not access the Service by any means other than through software that is provided by Apple for accessing the Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.

9. Purchase or Rental of Apple Content

a. Products Requirements. You acknowledge that use of Products may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media and render performance of Products on authorized digital player devices), and that such hardware and software is your responsibility. Products may only be downloaded once; after being downloaded, they cannot be replaced if lost for any reason. Once a Product is purchased or rented (as applicable) and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and Apple shall be without liability to you in the event of any loss, destruction, or damage.

b. Use of Products. You acknowledge that Products (other than the iTunes Plus Products) contain security technology that limits your usage of Products to the following applicable Usage Rules, and, whether or not Products are limited by security technology, you agree to use Products in compliance with the applicable Usage Rules.

Usage Rules

(i) Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.

(ii) You shall be authorized to use the Products only for personal, noncommercial use.

(iii) You shall be authorized to use the Products on five Apple-authorized devices at any time, except in the case of Movie Rentals, as described below.

(iv) You shall be able to store Products from up to five different Accounts on certain devices, such as an iPod or iPhone, and Apple TV at a time; provided that each iPhone may sync ring tone Products with only a single Apple-authorized device at a time, and that syncing an iPhone with another Apple-authorized device will cause any ring tone Products stored on such iPhone to be erased and, if you so choose, to be replaced with any ring tone Products stored on such other Apple-authorized device. Additional restrictions apply to Movies Rentals, as described below.

(v) You shall be authorized to burn an audio playlist up to seven times.

(vi) You shall not be entitled to burn video Products or ring tone Products.

(vii) You shall be entitled to export, burn (if applicable) or copy (if applicable) Products solely for personal, noncommercial use.

(viii) You may use only ring tone Products as a musical “ringer” in connection with phone calls.

(ix) Any burning (if applicable) or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in any Product.

(x) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules.

(xi) The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.

(xii) iTunes Plus Products do not contain security technology that limits your usage of such Products, and Usage Rules (iii) – (vi) do not apply to iTunes Plus Products. You may copy, store and burn iTunes Plus Products as reasonably necessary for personal, noncommercial use.

(xiii) Usage rules for software Products are governed by the terms of any end-user agreements or other terms and conditions required for use of such Products.

(xiv) You shall be able to manually sync a Movie from at least one iTunes-authorized device to devices that have manual sync mode, provided that the Movie is associated with an Account on the primary iTunes-authorized device, where the primary iTunes-authorized device is the one that was first synced with the device, or the one that you subsequently designate as primary using iTunes.

(xv) Movie Rentals:

(aa) Movies are viewable only on your Mac or Windows computer (using iTunes 7.6 or later), iPhone, iPod touch, iPod nano (3rd generation), iPod classic, or on TVs using your Apple TV. Movies in high definition resolution (HD) are viewable only on TVs using your Apple TV and must be downloaded directly to your Apple TV. Movies are viewable only on one device at a time.

(bb) You must be connected to the Service when moving or streaming movies. Once a movie is moved, it is no longer viewable on the sending device. You may only move movies to another device from your Mac or Windows computer. Movies downloaded directly to your Apple TV may not be moved.

(cc) You have thirty (30) days after downloading a movie to begin viewing. Once you begin viewing, you have twenty-four (24) hours to view the movie (the “Viewing Period”). You may view the movie an unlimited number of times during the Viewing Period. Movies are not viewable after the thirty (30) day period. Stopping, pausing or restarting a movie does not extend the available time for viewing.

(dd) If you move a movie to an iPod or iPhone and then use the Service to restore the iPod or iPhone before you finish watching it, the movie will be deleted and will not be recoverable. This also applies to choosing Settings > Reset > Erase all content and settings on iPod touch and iPhone. (ee) Broadband Internet connection required.

(xvi) HDMI. An HDCP connection is required in order to view movies (purchased or rented) and TV shows transmitted over HDMI.

c. You agree that your purchase or rental (as applicable) of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The security technology, if applicable, is an inseparable part of the Products. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. Apple reserves the right to modify the Usage Rules at any time.

d. You acknowledge that some aspects of the Service, Products, and administering of the Usage Rules entails the ongoing involvement of Apple. Accordingly, in the event that Apple changes any part of the Service or discontinues the Service, which Apple may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that Apple shall have no liability to you in such case

e. The Service may offer interactive features that allow you to, among other things, submit or post information, materials or links to third party content on areas of the Service accessible and viewable by other users of the Service and the public. You represent and agree that any use by you of such features, including any information, materials or links submitted or posted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances. You further agree to provide accurate and complete information in connection with your submission or posting of any information or materials on the Service. Moreover, you hereby grant Apple a worldwide, royalty-free, non-exclusive license to use such materials as part of the Service, and in relation to Products, without any compensation or obligation to you.

Apple reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability.

Apple has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that Apple in its sole discretion deems appropriate, including, without limitation, under Section 14 below or under our Copyright Policy (http://www.apple.com/legal/trademark/claimsofcopyright.html).

10. Territory. The Service is available only in the United States. You agree not to use or attempt to use the Service from outside of the available territory, and that Apple may use technologies to verify your compliance.

11. Agreement to Pay.

a. Payment for Products. You agree to pay for all Products you purchase or rent (as applicable) through the Service, and that Apple may charge your credit card or PayPal account for any Products purchased or rented (as applicable), and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING APPLE WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card, or the PayPal account, you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card or PayPal account status, you must change your credit card or PayPal account information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until Apple can verify the validity of the new credit card or PayPal account information.)

b. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.

c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

d. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

12. Delivery of Products.

a. Interrupted Delivery to iPod or iPhone. If delivery of a Product you purchased or rented (as applicable) using Wi-Fi on an iPod or iPhone is interrupted, your transaction will be included in your download queue. You may resume the delivery to your Apple-authorized device by selecting "Check for Purchases" in the iTunes application.

b. Technical Problems. On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the price paid for such Product, as determined by Apple.

13. Intellectual Property.

a. Acknowledgement of Ownership. You agree that the Service, including but not limited to Products, graphics, audio clips, and editorial content, contains proprietary information and material that is owned by Apple 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 use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

b. Removal of Apple Content or Other Materials. Notwithstanding any other provision of this Agreement, Apple and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will Apple be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. Apple may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.

c. Copyrights. All copyrights in and to the Service, including but not limited to, the iTunes Store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Apple and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

d. Trademarks. Apple, the Apple logo, iTunes, and other Apple trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Apple Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

e. Album Cover Art. As an account holder of the Service in good standing, Apple may provide you with limited access to download certain album cover art for music stored in the iTunes Library of your iTunes application, subject to availability. Such access is provided as an accommodation only, and Apple does not warrant or endorse and does not assume and will not have any liability or responsibility for such album cover art or your use thereof. You may only access album cover art (to the extent available) for music for which you are the lawful owner of a legal copy. Album cover art is provided for personal, noncommercial use only. You agree that you will not use album cover art in any manner that would infringe or violate these Terms of Service or the rights of any other party, and that Apple is not in any way responsible for any such use by you.

14. Termination.

a. Termination by Apple. If you fail, or Apple suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Apple with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Usage Rules or any license to the software, or infringement or other violation of third parties' rights, Apple, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).

b. Termination of the Service. Apple reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and Apple will not be liable to you or to any third party should it exercise such rights.

15. General Compliance with Laws. The Service is controlled and operated by Apple from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.

16. Enforcement of These Terms. Apple reserves the right to takes steps Apple believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Apple's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that Apple has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Apple believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Apple's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).

17. No Responsibility for Third-Party Materials or Web sites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, Apple may provide links to certain third party Web sites. You acknowledge and agree that Apple is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. Apple does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites 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 Apple is not in any way responsible for any such use by you.

18. Disclaimer of Warranties; Liability Limitations.

a. APPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY APPLE) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

c. IN NO CASE SHALL APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, APPLE'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

d. APPLE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND APPLE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

e. APPLE DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND APPLE DISCLAIMS ANY LIABILITY RELATING THERETO. PRODUCTS CAN ONLY BE DOWNLOADED ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED OR RENTED FROM THE ITUNES STORE THAT ARE STORED IN YOUR SYSTEM.

19. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY APPLE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF APPLE'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

20. Changes. Apple reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the iTunes Store following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

21. Notices. Apple may send you notice with respect to the Service by sending an email message to the email address listed in your Apple Account contact information, by sending a letter via postal mail to the contact address listed in your Apple Account contact information, or by a posting on the iTunes Store. Notices shall become effective immediately.

22. Governing Law. The laws of the State of California, excluding its conflicts of law rules, govern these Terms of Service and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Apple or relating in any way to your use of the Service resides in the courts of the State of California.

23. Miscellaneous. These Terms of Service constitute the entire agreement between you and Apple and govern your use of the Service, superseding any prior agreements between you and Apple. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service 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. Apple's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Apple will not be responsible for failures to fulfill any obligations due to causes beyond its control.

iTunes 7.7

ENGLISH

APPLE INC.
SOFTWARE LICENSE AGREEMENT FOR iTUNES

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE APPLE SOFTWARE. BY USING THE APPLE 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 YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE APPLE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF THE APPLE SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK "DISAGREE/DECLINE". FOR APPLE SOFTWARE INCLUDED WITH YOUR PURCHASE OF HARDWARE, YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND.

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 music files for listening between computers. Remote access of copyrighted music 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, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "Apple Software") are licensed, not sold, to you by Apple Inc. ("Apple") for use only under the terms of this License, and Apple reserves all rights not expressly granted to you. The rights granted herein are limited to Apple's and its licensors' intellectual property rights in the Apple Software and do not include any other patents or intellectual property rights. You own the media on which the Apple Software is recorded but Apple and/or Apple's licensor(s) retain ownership of the Apple Software itself. The terms of this License will govern any software upgrades provided by Apple that replace and/or supplement the original Apple Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

2. Permitted License Uses and Restrictions. This License allows you to install and use the Apple Software. The Apple 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 Apple Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the Apple 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 Apple Software or any part thereof. THE APPLE 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 APPLE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

3. Transfer. You may not rent, lease, lend, redistribute or sublicense the Apple Software. You may, however, make a one-time permanent transfer of all of your license rights to the Apple Software to another party, provided that: (a) the transfer must include all of the Apple Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Apple Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Apple Software reads and agrees to accept the terms and conditions of this License.

4. Consent to Use of Data. You agree that Apple and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Apple Software and to verify compliance with the terms of this License. Apple may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

5. iTunes Store and other Services. This software enables access to Apple's iTunes Store which offers downloads of music for sale and other services (collectively and individually, "Services"). Use of the Services requires Internet access and use of certain Services requires you to accept additional terms of service which will be presented to you before you can use such Services.

By using this software in connection with an iTunes Store account, you agree to the latest iTunes Store Terms of Service, which you may access and review from the home page of the iTunes Store.

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 Apple shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types (including genres, sub-genres and Podcast categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that Apple does not guarantee their accuracy.

Certain Services may include materials from third parties or links to certain third party web sites. You acknowledge and agree that Apple is not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. Apple does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. Links to other web sites 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 Apple is not in any way responsible for any such use by you.

You agree that the Services, including but not limited to graphics, audio clips, and editorial content, contain proprietary information and material that is owned by Apple 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, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

Apple 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 Apple be liable for the removal of or disabling of access to any such Services. Apple may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

6. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Apple 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 Apple Software and destroy all copies, full or partial, of the Apple Software.

7. Limited Warranty on Media. Apple warrants the media on which the Apple Software is recorded and delivered by Apple to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at Apple's option, a refund of the purchase price of the product containing the Apple Software or replacement of the Apple Software which is returned to Apple or an Apple authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

8. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLE SOFTWARE (AS DEFINED ABOVE) AND SERVICES (AS DEFINED BELOW) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE AND SERVICES ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE'S LICENSORS (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE PURPOSES OF SECTIONS 8 AND 9) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE OR SERVICES, THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLE SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLE SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

10. Export Control. You may not use or otherwise export or reexport the Apple Software except as authorized by United States law and the laws of the jurisdiction in which the Apple Software was obtained. In particular, but without limitation, the Apple 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 Apple 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 missiles, or nuclear, chemical or biological weapons.

11. Government End Users. The Apple Software and related documentation are "Commercial Items", as that term is defined at 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 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

12. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

13. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the Apple Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, with the exception of any additional terms and conditions you are required to accept if you choose to use Apple's online store which will govern your use of such store and any Services you purchase through that store. No amendment to or modification of this License will be binding unless in writing and signed by Apple. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.

14. Third Party Software and Service Terms and Conditions.
A. Gracenote CDDB Terms of Use. This application contains software from Gracenote, Inc. of Berkeley, California ("Gracenote"). The software from Gracenote (the "Gracenote CDDB Client") enables this application to do online disc identification and obtain music-related information, including name, artist, track, and title information ("Gracenote Data") from online servers ("Gracenote CDDB Servers") and to perform other functions. You may use Gracenote Data only by means of the intended End User functions of this application software.

You agree that you will use Gracenote Data, the Gracenote CDDB Client, and Gracenote CDDB Servers for your own personal non-commercial use only. You agree not to assign, copy, transfer or transmit the Gracenote CDDB Client or any Gracenote Data to any third party. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE DATA, THE GRACENOTE CDDB CLIENT, OR GRACENOTE CDDB SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.

You agree that your non-exclusive license to use the Gracenote Data, the Gracenote CDDB Client, and Gracenote CDDB Servers will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the Gracenote Data, the Gracenote CDDB Client, and Gracenote CDDB Servers. Gracenote reserves all rights in Gracenote Data, the Gracenote CDDB Client, and the Gracenote CDDB Servers, including all ownership rights. Under no circumstances will Gracenote become liable for any payment to you for any information that you provide. You agree that CDDB, Inc. may enforce its rights under this Agreement against you directly in its own name.

The Gracenote CDDB Service uses a unique identifier to track queries for statistical purposes. The purpose of a randomly assigned numeric identifier is to allow the Gracenote CDDB service to count queries without knowing anything about who you are. For more information, see the web page for the Gracenote Privacy Policy for the Gracenote CDDB Service.

The Gracenote CDDB Client and each item of Gracenote Data are licensed to you "AS IS". Gracenote makes no representations or warranties, express or implied, regarding the accuracy of any Gracenote Data from in the Gracenote CDDB Servers. Gracenote reserves the right to delete data from the Gracenote CDDB Servers or to change data categories for any cause that Gracenote deems sufficient. No warranty is made that the Gracenote CDDB Client or Gracenote CDDB Servers are error-free or that functioning of Gracenote CDDB Client or Gracenote CDDB Servers will be uninterrupted. Gracenote is not obligated to provide you with any new enhanced or additional data types or categories that Gracenote may choose to provide in the future and is free to discontinue its online services at any time.

GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Gracenote does not warrant the results that will be obtained by your use of the Gracenote CDDB Client or any Gracenote CDDB Server. IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.

B. Kerbango Tuning Service Terms and Conditions.
Terms of Service. By using 3Com Corporation's ("3Com") Kerbango tuning service, ("Kerbango Tuning Service") you agree to be bound by the following terms and conditions (the "TOS"):

3Com Links. The sites displayed as search results or linked to by the Kerbango Tuning Service are owned and operated by individuals and/or companies over whom 3Com exercises no control. 3Com assumes no responsibility for the content of any site included in any search results or otherwise linked to by the Kerbango Tuning Service.

Personal Use Only. The Kerbango Tuning Service is made available for your personal, non-commercial use only. Use of the Kerbango Tuning Service to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales is expressly forbidden. You may not take the results from a Kerbango search and reformat and display them, or mirror the 3Com's Kerbango home page or results pages on your Web site, or send automated queries to Kerbango's system without express permission from 3Com.

If you wish to make commercial use of the Kerbango Tuning Service you must enter into an agreement with 3Com to do so. Please contact sales@kerbango.com for more information.

Changes In Terms and Conditions and Kerbango Tuning Service. 3Com may modify or terminate its services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. 3Com reserves the right to modify the TOS from time to time without notice.

Disclaimer of Warranties. 3Com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Kerbango Tuning Service results. 3Com disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. 3Com disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Kerbango Tuning Service.

THE KERBANGO TUNING SERVICE IS PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. 3COM EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. 3COM DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE KERBANGO TUNING SERVICE. 3COM DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE KERBANGO TUNING SERVICE. 3COM DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE KERBANGO TUNING SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE KERBANGO TUNING SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE KERBANGO TUNING SERVICE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE KERBANGO TUNING SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL 3COM BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE KERBANGO TUNING SERVICE ARISING FROM ANY CLAIM RELATING TO THIS LICENSE OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF 3COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE KERBANGO TUNING SERVICE, FROM INABILITY TO USE THE KERBANGO TUNING SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE KERBANGO TUNING SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE KERBANGO TUNING SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE KERBANGO TUNING SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE KERBANGO TUNING SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE KERBANGO TUNING SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE KERBANGO TUNING SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE KERBANGO TUNING SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall 3Com be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Miscellaneous Provisions. These TOS will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the TOS to be unenforceable, the remainder of the TOS will continue in full force and effect.

These TOS constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the TOS will be effective only if in writing and signed by 3Com.

EA0367
Rev 10/26/07

Roland Owner's Manual Download

End-User License Agreement - Manual Downloads

Please read this document carefully before downloading these documents or materials. Roland makes the Roland Proprietary Material available to you only subject to your acceptance and agreement with the terms and conditions set forth in this document and any changes that Roland may publish from time to time (collectively the "Agreement"). This Agreement contains restrictions, limitations, warranty and liability disclaimers and other terms and conditions. By selecting the "Download" button at the bottom of the Agreement, you are confirming your acceptance of and agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, do not download the material.

1. Definitions:
"Roland" means Roland Corporation, with offices at 2036-1 Nakagawa, Hosoe-cho, Hamamatsu, Shizuoka 431-1304 Japan, and all affiliates and subsidiaries in all jurisdictions and countries.
"Roland Proprietary Material" means the information, text files, user manuals, and any other documents, material or information found on this web site or downloaded therefrom. Roland Proprietary Material may include printed matter such as quick-reference charts or errata sheets that supplement the owner's manual, but some of this supplementary material may not always be provided on or through this site.

2. Ownership, Copyright and other Intellectual Property Protection:
The Roland Proprietary Material, as well as their selection and arrangement, are owned by Roland or its licensors, and are protected by copyright, trademark, patent, and/or other intellectual property laws, treaties, conventions and agreements, including applicable laws in the country it is being used (the "Laws"), and any unauthorized use of the Roland Proprietary Material may violate such Laws and is prohibited by this Agreement.

3. Limited Personal Use License:
Subject to the terms and conditions of this Agreement and your acceptance of and compliance with the same, Roland grants you a limited, revocable, nonexclusive, nontransferable license to use the Roland Proprietary Material as follows:
a. You may use the Roland Proprietary Material only for your own personal use.
b. You may make no more than one copy of the Roland Proprietary Material, solely for your personal use.
c. You must not remove and must reproduce on any such copy all copyright notices, trademark markings and notices and any other proprietary legends found on the original.

4. Principal Restrictions:
You agree that you will not:
a. make or distribute copies of the Roland Proprietary Material (except one copy for your personal use as authorized above); or
b. electronically transfer the Roland Proprietary Material from one computer to another or over a network; or
c. copy portions or excerpts from the Roland Proprietary Material for any purpose; or
d. modify, sell, rent, transfer, resell for profit, distribute or create derivative works based upon the Roland Proprietary Material or any part thereof.

5. Ownership by Roland and Reservation of Rights:
The foregoing license gives you limited, restricted and revocable license rights to use the Roland Proprietary Material. You do not become the owner of, and Roland and its suppliers retain title to, the Roland Proprietary Material, and all copies thereof. All rights not specifically granted in this Agreement, including without limitation under international copyright, trademark, patent, and other intellectual property laws, treaties conventions and agreements are reserved by Roland.

6. Trademark information
The trademarks, logos, and service marks ("Marks") displayed in the Roland Proprietary Material or on this web site are the property of Roland or third parties. You are not permitted to use the Marks without the prior written consent of Roland or such third party that may own the Marks. Roland and the Roland logo are trademarks of Roland Corporation.

7. Timing of Warnings and Cautions.
Safety warnings, cautions, and related warnings and cautions for using any Roland product are given as mandated by laws and industry standards in effect at the time the owner's manual was produced, and may not necessarily reflect current law or standards.

8. Changes.
The content of the Roland Proprietary Material, including but not limited to owner's manuals, is subject to change without notice due to changes in product specifications or for other reasons. For this reason, the content and structure of owner's manuals provided on this site may differ from the specifications of the product you own.

9. Disclaimer of Warranties and of Technical Support:
THE ROLAND PROPRIETARY MATERIAL IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN "AS IS" BASIS, WITHOUT ANY SUPPORT OR WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, ROLAND MAKES NO REPRESENTATION OR WARRANTY:
THAT THE ROLAND PROPRIETARY MATERIAL WILL MEET YOUR REQUIREMENTS;
THAT THE ROLAND PROPRIETARY MATERIAL WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ROLAND PROPRIETARY MATERIAL WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR THAT ANY ERRORS IN THE ROLAND PROPRIETARY MATERIAL OBTAINED FROM OR THROUGH THIS WEB SITE OR ANY DEFECTS IN THE WEB SITE WILL BE CORRECTED. ROLAND MAKES NO COMMITMENT TO CORRECT ANY ERRORS OR UPDATE THE ROLAND PROPRIETARY MATERIAL.

THE USE OF THE ROLAND PROPRIETARY MATERIAL OR THE DOWNLOADING OR OTHER USE THEREOF THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. ROLAND ASSUMES NO LIABILITY FOR ANY COMPUTER PROBLEMS OR OTHER DAMAGE OR LOSS ASSOCIATED THEREWITH.

THESE LIMITATIONS OR EXCLUSIONS OF WARRANTIES AND LIABILITY MAY NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER; I.E., A PERSON PURCHASING GOODS OTHERWISE THAN IN THE COURSE OF A BUSINESS.

10. Limitation of Damages:
IN NO EVENT WILL ROLAND, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SUCCESSORS, ASSIGNS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ROLAND OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND ON ANY THEORY OF LIABILITY.

The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the bargain between Roland and you. You understand, acknowledge, and agree that Roland would not be able to provide the Roland Proprietary Material without such limitations.

11. International Users
This web site can be accessed from countries around the world and may contain references to Roland products, services, and programs that are not available in your country. These references do not imply that Roland intends to announce or make available such products, services, or programs in your country.

12. Termination.
This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Roland Proprietary Material. All rights to use the Roland Proprietary Material is granted on the condition that these rights are forfeited if you fail to comply with the terms of this Agreement. This Agreement will terminate immediately without notice from Roland if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement (i) immediately should any Roland Proprietary Material become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right, or (ii) for their convenience with ten (10) days written notice (including email notice). Upon Termination, your license to use the Roland Proprietary Material shall terminate and you must cease use of and destroy all copies of Roland Proprietary Material. Notwithstanding termination, Sections 2 (“Ownership, Copyright and other Intellectual Property Protection"), 4 ("Principal Restrictions"), 5 ("Ownership by Roland and Reservation of Rights"), 6 ("Trademark Information"), 9 ("Disclaimer of Warranties and of Technical Support"), 10 ("Limitation of Damages"), 12 ("Termination"), and 13 ("General") shall survive any termination or expiration of this Agreement.

13. General:
a. Governing law and jurisdiction
This web site is controlled by Roland in part from its offices within the Country of Japan. By accessing this web site, you and Roland agree that all matters relating to your access to, or use of, or your downloading of any Roland Proprietary Material, shall be governed by the statutes and laws of the Country of Japan, without regard to the conflicts of laws principles thereof. You and Roland also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts of Japan with respect to such matters.

b. Entire Agreement, Severability, No Waiver
This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. If for any reason a court of competent jurisdiction finds any provision of the Agreement to be invalid or unenforceable, that provision shall be deemed struck, and the remainder of the Agreement shall continue in full force and effect. Any failure by Roland to enforce or exercise any provision of the Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in the Agreement are purely for convenience and carry with them no legal or contractual effect.

ATTENTION: By ticking the checkbox to the left of the phrase "I AGREE AND WISH TO PROCEED WITH DOWNLOAD" you are acknowledging your agreement and acceptance of the terms, conditions, limitations and restrictions set forth above, which will result in the formation of a legal, binding contract between you and Roland.


2004 (C) Roland Corporation. All rights reserved.

Ticketmaster

Welcome to Ticketmaster. The following are the Terms of Use (these "Terms") that govern use of the Ticketmaster.com and Ticketmaster.ca web sites (collectively, the "Site"). When we say the "Site" we are also referring to the TicketExchange sections of the Site where you can buy and resell tickets. By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. Ticketmaster, Ticketmaster Canada Ltd. and each of their respective subsidiaries (collectively "Ticketmaster" or "we") reserve the right to change these Terms at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. If you violate these Terms, Ticketmaster may terminate your use of the Site, bar you from future use of the Site, cancel tickets you receive through the site, cancel your ticket order, and/or take appropriate legal action against you.

Permitted Use
You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review event and promotional information, for personal use, or to purchase tickets or merchandise, unless otherwise specifically authorized by Ticketmaster to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by Ticketmaster to do so or unless deep-linking to TicketExchange pages where you have posted tickets for sale. The content and software on this Site is the property of Ticketmaster and/or its suppliers and is protected by U.S., Canadian and international copyright laws. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.

Ticket Purchase Policy
Please review the Purchase Policy, which will govern your order or purchase of any tickets through the Site.

TicketExchange Selling Policy
Please review the TicketExchange Selling Policy, which will govern your sale, or attempted sale, of any tickets using the TicketExchange portions of the Site.

Truthfulness and Accuracy of the Information You Provide; Complying with Laws; Verifications and Authorizations
The sale or purchase of tickets to entertainment events is regulated by certain states, counties and cities. You may be asked to provide information during processes you engage in on the Site. You represent and warrant that all information you provide will be true, complete and correct, and that you will update all information as it changes. You also acknowledge that complying with laws is your responsibility, AND YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. If we are unable to verify or authenticate any information or tickets you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your tickets may be cancelled and you may be prohibited from using the Site.

User Contributions to the Site
From time to time, the Site may provide you with opportunities to contribute to the Site, which may include, but not be limited to, uploading your user profile, participating in chats and using bulletin boards. Anything that is contributed to the Site by you or other Site users will be referred to in these Terms as "User Content". Ticketmaster is not liable or responsible for any User Content. The contributions of third parties do not necessarily represent the view or opinions of Ticketmaster. Ticketmaster cannot preview User Content before it appears. Users can be held liable for any illegal or prohibited User Content they provide to the Site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on the Site, please notify us at legal@ticketmaster.com if the material is on Ticketmaster.com and legal@ticketmaster.ca if the material is on Ticketmaster.ca. We will investigate your claim and may then take the actions deemed appropriate.

Links and Search Results
The Site may automatically produce search results that reference or link to third party sites throughout the World Wide Web. Ticketmaster has no control over these sites or the content within them. Ticketmaster cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Ticketmaster does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Ticketmaster for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify us at legal@ticketmaster.com if the link is on Ticketmaster.com and legal@ticketmaster.ca if the link is on Ticketmaster.ca, and we will investigate your claim and take any actions we deem appropriate in our sole discretion.

Prohibited Content
The following is a partial list of the kind of User Content which is illegal or prohibited on the Site. It includes User Content that:

* Is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; could be harmful to minors;
* Harasses or advocates harassment of another person;
* Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
* Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
* Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
* Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
* Displays pornographic or sexually explicit material of any kind;
* Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
* Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
* Solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
* Engages in commercial activities without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.


Offline Conduct
Although Ticketmaster cannot monitor the conduct of users off the Site, it is also a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any Site user without their prior explicit consent.

Commercial Use
No bulletin board, chat or other areas of this Site may be used by our visitors for any commercial purposes such as to conduct sales of tickets, merchandise or services of any kind, except that TicketExchange can be used to resell tickets to the extent compliant with law. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication, except you may post tickets for resale through TicketExchange to the extent you are doing so in accordance with law. Without limiting the foregoing, you may not use the Site to resell or link to other sites for the purpose of selling tickets of any kind, except you may resell tickets through TicketExchange to the extent you are doing so in accordance with law. We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site. We reserve the right to block access to this Site or Ticketmaster's other services, or cancel a ticket order or ticket with respect to any person believed to be, or believed to be acting in concert with any person who is believed to be, violating the law or these Terms or Ticketmaster's rights, or utilizing automated means to process or place ticket orders, or who has ordered a number of tickets that exceeds the stated limit. Violating any limitations or terms on the Site will be deemed to be a violation of these Terms. Please note that Ticketmaster has entered into agreements with certain sport teams for whom Ticketmaster hosts web sites that are designed to allow such sports teams' season ticket holders to sell individual game tickets from their season ticket packages through such web sites ("Season Ticket Sale Sites"). Some of these Season Ticket Sale Sites can be found through this Site. Nothing in this paragraph shall prohibit the sale or purchase of tickets through the Season Ticket Sale Sites or through TicketExchange, as long as such sales and purchases are conducted pursuant to the terms that apply to the Season Ticket Sale Sites or TicketExchange (as the case may be) and comply with law.

Access and Interference
You agree that you will not use any robot, spider or other automatic device, process or means to access the Site. Nor shall you use any manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine that interferes with the proper working of the Site nor shall you attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not access, reload or "refresh" transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three second interval. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site without the prior expressed written permission of Ticketmaster.

Unauthorized Use of the Site
Any Illegal or unauthorized use of the Site shall constitute a violation of these Terms of Use. You do not have permission to access the Site in any way that violates, directly or indirectly, these Terms of Use. Illegal or unauthorized use of the Site includes, but is not limited to, using the site to facilitate illegal ticket sales, unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated process on the Site. It shall also be a violation of these Terms of Use: (a) for any individual (or group of individuals acting in concert) to request, more than 1000 pages of the Site in any twenty-four hour period (hereafter referred to as "Abusive Use"); or (b) to use any passcode or password, regardless of whether or not such password or passcode is unique, to participate in a pre-sale or other offer on the Site if you are not the original recipient of such passcode or password (i.e., if you did not receive the passcode or password from Ticketmaster, or from the fan club or other organization with whom Ticketmaster is working to enable such pre-sale or offer) or if your participation in such pre-sale or other offer is inconsistent with such pre-sale's or offer's terms.

Suspected Violation of these Terms of Use or Law; Injunctive, Equitable Relief, and Liquidated Damages
Violations of these Terms of Use, including Unauthorized Use of the Site, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You understand and agree that in Ticketmaster's sole discretion, and without prior notice, Ticketmaster may terminate your access to the Site, cancel your ticket order or tickets acquired through your ticket order, cancel your ticket postings, remove any unauthorized User Content or exercise any other remedy available, if Ticketmaster believes that your conduct or the conduct of any person with whom Ticketmaster believes you act in concert, or the User Content you provide, or any resale of such tickets purchased through Ticketmaster, violates or is inconsistent with these Terms or the law, or violates the rights of Ticketmaster, a client of Ticketmaster or another user of the Site. You agree that monetary damages may not provide a sufficient remedy to Ticketmaster for violations of these Terms and you consent to injunctive or other equitable relief for such violations.

You agree that Abusive Use of the Site, as defined above, causes damage and harm to Ticketmaster in the form of, among other things, impaired goodwill, lost sales, and increased expenses associated with responding to Abusive Use of the Site. You further agree that monetary damages for Abusive Use of the Site are difficult to ascertain and that proof of monetary damages for Abusive Use would be costly and inconvenient to calculate. Accordingly you agree that liquidated damages are warranted for Abusive Use. Therefore, you agree that if you, or others acting in concert with you, alone or collectively request more than 1000 pages of the Site in any twenty-four hour period, you, and those acting in concert with you, will be jointly and severally liable for liquidated damages in the amount of ten dollars ($10.00) per page request each time that a page request is made after that first 1000 during that twenty-four hour period. You also agree that this will be the measure of damages for any Abusive Use that occurred prior to this provision of these Terms of Use being in effect.

Ticketmaster is not required to provide any refund to you if it exercises any of its rights or remedies because you have violated these Terms or any of Ticketmaster's rights. For more information about how we handle copyright infringements on the Site, please see our Copyright Policy. Additionally, we reserve the right, in our sole discretion, to modify, suspend or discontinue any part of this Site at any time, with or without notice to you. We also reserve the right, in our sole discretion, to impose limits on certain features and services and to restrict access to any part or to all of the Site without notice to you. We shall not be liable to you or any third party for any claim or cause of action arising out of our exercise of the foregoing rights.

Privacy
We believe that your privacy and the privacy of all our users is important. These Terms are subject to the Privacy Policy, which is hereby incorporated by reference. Ticketmaster will not be responsible or otherwise liable for any use or disclosure of your contact information, or financial information, by a third party to whom Ticketmaster is allowed to disclose your contact information under the Privacy Policy. If you post any User Content to the Site, by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to you. When we say in these Terms "post" we mean the provision of information (including, but not limited to, "User Content") to the Site through features of the Site that are used to make information available to other members of the public (e.g., user reviews, bulletin boards, chat rooms, etc.). Information that is posted to the Site shall not be subject to the Privacy Policy and may be publicly displayed and disclosed and otherwise used by Ticketmaster or any third party in any way. By posting User Content to the Site, you authorize us to use or allow others to distribute, reproduce or otherwise use such User Content. You should not post information about yourself on the Site that can be used to identify or contact you, including, but not limited to, your name, home or work address, phone numbers, pagers, email address or other such information. If you post such information, Ticketmaster cannot prevent it from being used in a manner that violates these Terms, the law, or your personal privacy and safety. By posting such information on the Site, you violate these Terms, and you assume the risks and sole liability for the results of such posting. You understand that if you post tickets on TicketExchange through the posting process applicable to licensed resellers, under certain circumstances some of your contact information may be displayed to the public.

Ticketmaster is not liable for any lost data resulting from the operation of the Site or the enforcement of the Terms. We urge all users to maintain their own back up versions of any User Content or other information they submit to the Site.

U.S. Export Controls
This Site and software derived from this Site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Site or any software derived there from, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Copyright Policy
We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license express consent, valid defense or fair use exemption to do so. In particular, users who submit User Content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the User Content they upload does not infringe the copyrights or other rights of third parties (including, but not limited, to trademark, trade secret, privacy or publicity rights). After proper notification by the copyright holder or it agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access to this Site. We may, also in our sole discretion, decide to terminate a user's rights to use or access to the Site prior to that time if we believe that an alleged infringement has occurred.

Disclaimers
TICKETMASTER DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH OR LINK ON IT. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TICKETMASTER CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TICKETMASTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TICKETMASTER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES. TICKETMASTER MAKES NO GUARANTEE OF ANY SPECIFIC RESULT FROM USE OF THIS SITE OR USE OF THE TICKETMASTER SERVICE.

TICKETMASTER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, TICKETMASTER USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE TICKETMASTER SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SITE AND/OR THE TICKETMASTER SERVICE. TICKETMASTER IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.

Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Site to Ticketmaster at legal@ticketmaster.com if on Ticketmaster.com or at legal@ticketmaster.ca if on Ticketmaster.ca. Ticketmaster may investigate the claim and take appropriate action, in its sole discretion.

Limitation on Liability
IN NO EVENT WILL TICKETMASTER BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVNUES OR BUSINESS OPPORTUNITIES, EVEN IF TICKETMASTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disputes
If you have a dispute and your dispute involves an event (or a ticket for an event) that is located in the United States, then the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions and you consent to personal jurisdiction, and agree to bring all actions, exclusively in state and federal courts located in Los Angeles County, California. If you have a dispute and your dispute involves an event (or a ticket for an event) that is located in Canada, then the dispute will be governed by the laws of the Province of Ontario without regard to its conflict of law provisions and you consent to personal jurisdiction, and agree to bring all actions, exclusively in courts located in Toronto, Ontario. If you have a dispute regarding the Site but not regarding an event (and not regarding a ticket for an event), then: (a) if you are accessing the Site from the United States or any country other than Canada, then the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions and you consent to personal jurisdiction, and agree to bring all actions, exclusively in state and federal courts located in Los Angeles County, California; and (b) if you are accessing the Site from Canada, then the dispute will be governed by the laws of the Province of Ontario without regard to its conflict of law provisions and you consent to personal jurisdiction, and agree to bring all actions, exclusively in courts located in Toronto, Ontario. If you are purchasing or selling through TicketExchange tickets to an event that is located in the State of Illinois, then this paragraph shall not apply to your purchase or sale, and instead the paragraph that will apply is the paragraph below entitled "Additional Provisions Applicable to Persons Using TicketExchange to Buy or Sell Tickets to any Event Located in the State of Illinois."

Indemnity
You agree to indemnify and hold Ticketmaster and its affiliates, and each of Ticketmaster's and its affiliates' respective officers, agents, employees, contractors and principals, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.

Trademarks
Ticketmaster and Ticketmaster.com and design are registered trademarks of Ticketmaster. All rights reserved.

Patents
One or more patents apply to this Site and to the features and services accessible via the Site, including without limitation: USA Patent 6,023,685; USA Patent 6,704,713; USA Patent 6,907,405; and all corresponding foreign counterparts.

Additional Provisions Applicable to Persons Using TicketExchange to Buy or Sell Tickets to any Event Located in the State of Illinois
If, and only if, you are using TicketExchange to purchase or sell a ticket to an event that is located in the State of Illinois, then you understand, agree and acknowledge the following:

* This website is operated by Ticketmaster L.L.C. Ticketmaster's address in the State of Illinois is: 550 W. Van Buren Street, 13th Floor, Chicago, Illinois 60607.
* If you have a complaint or inquiry regarding ticket resales made through TicketExchange for any event located in the State of Illinois, please email us at ticketexchange@ticketmaster.com or call us at (877) 446-9450.
* These Terms shall be governed by and construed in accordance with the laws of the State of Illinois. In the event of a dispute, you, Ticketmaster, and all buyers and sellers of tickets through TicketExchange each agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in Chicago, Illinois, and the parties consent to the exclusive and personal jurisdiction and venue of these courts, subject to the following: If you are a reseller of one or more tickets through TicketExchange and you have a dispute with any person or business who buys any of those tickets from you, or you are a buyer of one or more resold tickets resold through TicketExchange and you have a dispute with the person or business that sold any of those tickets to you, you hereby agree that that dispute will be solely and finally settled in Illinois by binding arbitration in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association, and the non-prevailing party in the arbitration shall pay the fees and expenses of the arbitrator(s) and the costs of arbitration and the enforcement of any award rendered therein, including the attorneys' fees and expenses of the prevailing party. In order to commence such a proceeding, please send a letter describing the dispute to Ticketmaster Legal Department, 8800 Sunset Blvd., West Hollywood, CA 90069.

Additional Provisions Applicable to Persons Using TicketExchange to Buy or Sell Tickets to any Event Located in the Commonwealth of Pennsylvania:
If, and only if, you are using TicketExchange to purchase or sell a ticket to an event that is located in the Commonwealth of Pennsylvania, then you understand, agree and acknowledge the following:

* This website is operated by Ticketmaster L.L.C. Ticketmaster’s address in the Commonwealth of Pennsylvania is: International Plaza #2, Suite 330, Philadelphia, PA 19113.
* Ticketmaster guarantees it will provide a full refund of the amount paid by the purchaser of a ticket on TicketExchange, including all fees, if any of the following occurs:
o The event is cancelled (in the event of a cancellation, handling and delivery fees will not be refunded).
o The ticket received by the purchaser does not allow the purchaser to enter the event, for reasons including the fact that the ticket is counterfeit or has been canceled by the issuer due to nonpayment, unless the ticket is canceled due to an act or omission of the purchaser.
o The ticket fails to conform to its description on this website.