
ROCK-OLA END-USER LICENSE AGREEMENT
You have acquired a Rock-Ola Digital Music Center that includes proprietary embedded software.
Rock-Ola License Agreement
This is a legal agreement between you, the user, and Rock-Ola. This agreement covers all embedded software that is distributed with the Rock-
Ola Digital Music Center, for which there is no separate license agreement between you and the manufacturer or owner of the software. By
using the Software that has been embedded in your computer, you agree to be bound by the terms of this agreement
You may use the embedded Software on only the Rock-Ola Digital Music Center for personal, non-commercial use only.
The embedded Software is protected by United States copyright laws and international treaties. You may not rent or lease the embedded
Software or copy the written materials accompanying the embedded Software. You may not reverse engineer, decompile or disassemble the
embedded Software.
You may permanently transfer rights under this EULA only as part of a permanent sale or transfer of the Rock-Ola Digital Music Center, and only
if the recipient agrees to this EULA. If the embedded Software is an upgrade, any transfer must also include all prior versions of the embedded
Software.
ROCK-OLA LIMITED WARRANTY
Rock-Ola warrants that the embedded Software will be free from defects in materials and workmanship under normal use for one year (365)
days from the date you receive it. This Warranty is limited to you and is not transferable. Any implied warranties are limited to one year (365)
days from the date you receive the embedded Software. Some jurisdictions do not allow limits on the duration of an implied warranty, so this
limitation may not apply to you. The entire liability of Rock-Ola and its suppliers, and your exclusive remedy, shall be replacement of any
embedded Software media not meeting this warranty at your cost and risk. This limited warranty is void if any disk or flash memory damage has
resulted from accident, abuse, misapplication, or service or modification by someone other than Rock-Ola. Any replacement disk or flash
memory is warranted for the remaining original warranty period or ninety (90) days, whichever is longer.
Rock-Ola does NOT warrant that the functions of the embedded Software will meet your requirements or that operation of the embedded
Software will be uninterrupted or error free. You assume the responsibility for achieving your intended results and for the use and results
obtained from the embedded Software.
ROCK-OLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITYAND FITNESS FOR A PARTICULAR PURPOSE, FOR THE EMBEDDED SOFTWARE AND ALL ACCOMPANYING
WRITTEN MATERIALS. This limited warranty gives you specific legal rights; you may have others, which vary from jurisdiction to jurisdiction.
IN NO EVENT SHALL ROCK-OLA OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR
OTHER PECUNIARY LOSS) ARISING OUT OF USE OR INABILITY TO USE THE EMBEDDED SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. Because some jurisdictions do not allow an exclusion or limitation of liability for consequential or incidental
damages, the above limitation may not apply to you.
U.S. GOVERNMENT RESTRICTED RIGHTS
The embedded software and 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. Consistent with 48 C.F.R.
12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the software and documentation with only those
rights set forth herein.
GENERAL
This license is effective until terminated. It will terminate upon the conditions set forth above or if you fail to comply with any of its terms. Upon
termination, you agree that the embedded Software and accompanying materials, and all copies thereof, will be destroyed. This agreement is
governed by the laws of the State of California. Each provision of this agreement is severable. If a provision is found to be unenforceable, this
finding does not affect the enforceability of the remaining provisions, terms, or conditions of this agreement. This agreement is binding on
successors and assigns. Rock-Ola agrees and you agree to waive, to the maximum extent permitted by law, any right to a jury trial with respect
to the Software or this agreement. Because this waiver may not be effective in some jurisdictions, this waiver may not apply to you. You
acknowledge that you have read this agreement, that you understand it, that you agree to be bound by its terms, and that this is the complete
and exclusive statement of the agreement between you and Rock-Ola regarding the embedded Software.
Microsoft Addendums
You have acquired a Rock-Ola Digital Music Center that includes software licensed by Rock-Ola, Inc. from Microsoft Licensing Inc. or its
affiliates (“MS”). Those installed software products of MS origin, as well as associated media, printed materials, and “online” or electronic
documentation (“SOFTWARE”) are protected by international intellectual property laws and treaties. The SOFTWARE is licensed, not sold. All
rights reserved.
NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLERANT. ROCK-OLA INC. HAS INDEPENDENTLY DETERMINED HOW TO
USE THE SOFTWARE IN THE DEVICE, AND MS HAS RELIED UPON ROCK-OLA INC. TO CONDUCT SUFFICIENT TESTING TO
DETERMINE THAT THE SOFTWARE IS SUITABLE FOR SUCH USE.