Clear Channel Broadcasting, Inc.
End User License Agreement for iheartradio Application Used on a RIM Device
This End User License Agreement (“Agreement”) is a legal agreement between you and Clear Channel Broadcasting, Inc. (“Clear Channel”) providing, among other things, the terms and conditions for the use of the Clear Channel iheartradio services (“Services”) made available to you by download from the www.iheartradio.com website (the “Site”) for use on a Research In Motion (“RIM”) BlackBerry Wireless Handheld(TM) device. This Agreement is concluded between you and Clear Channel only, and not with RIM. In addition, Clear Channel, not RIM, is solely responsible for the iheartradio Application and the services and content thereof. You and Clear Channel acknowledge and agree that RIM, and RIM’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, RIM will have the right to enforce this Agreement against you as a third party beneficiary thereof.
THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS THAT MAY AFFECT YOUR LEGAL RIGHTS. BY (I) INSTALLING, COPYING OR OTHERWISE USING THE IHEARTRADIO SOFTWARE AND APPLICATION; (II) USING IHEARTRADIO’S RADIO SERVICES; OR (III) COPYING OR OTHERWISE INSTALLING AND/OR USING THE SOFTWARE AND APPLICATION, YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE IHEARTRADIO APPLICATION.
1. iheartmusic SERVICES AND APPLICATION
A) Definitions: The iheartmusic Services include software, including streaming and other content made available to you under this Agreement, and an installable software application as described herein.
(i) iheartradio Software-- free radio or other free music services (“Software”) provided to you pursuant to the terms of this Agreement.
(ii) Licensed Application—software provided to you pursuant to the terms of this Agreement that is installable and operable on a RIM device that you own or control.
B) Clear Channel grants to you a non-exclusive, non-transferable license to :
(i) use the Software and Licensed Application for personal, informational and non-commercial purposes only; and
(ii) use the Software and Licensed Application on any BlackBerry Wireless Handheld(TM) device (the “Device”) that you own or control as permitted by the Usage Rules set forth in RIM’s Terms and Conditions of Use.
C) The Software and Licensed Application are licensed, not sold. All rights not expressly granted under this Agreement are reserved. .
D) Clear Channel may, for free or subject to payment of additional license fees, grant you a license for Updates (as defined below) or for plug-ins to the Software or the Licensed Application produced or distributed by Clear Channel (“Plug-ins”). For purposes of this Agreement, “Update” or “Updates” shall mean those updates, upgrades and error corrections to the Software or the Licensed Application which Clear Channel makes generally available to users of the Software or the Licensed Application. The Updates and the Plug-ins, as well as any printed, electronic and/or online documentation provided by Clear Channel, are all deemed to be part of the Software or the Licensed Application. Clear Channel may automatically Update the Software or the Licensed Application.
E) Notwithstanding anything else contained in this Agreement, Clear Channel will have no obligation to produce or release new versions of the Software or the Licensed Application or any updates thereto or to supply the iheartradio Services. You and Clear Channel agree that RIM has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
F) Inherent in the functioning of the ireartradio Services, the Software and Licensed Application will make available to Clear Channel the type of device that you are using, the channel which is being streamed to your device, and other content that your device is receiving from the station or from the iheartradio Services. Clear Channel does not obtain content information for your device, such as your number or an email address, and therefore cannot communicate to you except through the iheartradio Services unless you initiate the contact.
2. RULES AND LIMITATIONS
A) Software and Licensed Application. When using the iheartradio Services, including Software or the Licensed Application, you shall not:
(i) use the Software or the Licensed Application for real-time broadcasting (terrestrial, satellite, cable or other media) or broadcasting via internet or other networks, including but not limited to intranets or pay-audio or audio-on-demand;
(ii) reproduce, or use the Software or the Licensed Application to reproduce, copyrighted materials, unless you have the express, written permission of the owners of those copyrighted materials;
(iii) make the Software or the Licensed Application available over a network where it could be used by multiple computers at the same time;
(iv) distribute copies of any portion of the Software or the Licensed Application to third parties (this prohibits you from, among other things, providing any of your license keys to any other person);
(v) make any copies of the Software or the Licensed Application;
(vi) translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Software or the Licensed Application;
(vii) copy, store, edit, change, prepare any derivative work of, or alter in any way, any of the content streamed or otherwise provided through the Software or the Licensed Application;
(viii) circumvent any technology used by Clear Channel or its licensors to protect content accessible via the Software or the Licensed Application;
(ix) rent, lease, lend or sublicense the Software or the Licensed Application; or
(x) use the Software or the Licensed Application unless such use is in compliance with the terms of this Agreement.
B) Services Generally. In addition to the criteria and terms set forth in Section 3 A), above, in order for you to use the iheartradio Software or the Licensed Application, you shall also comply with the following criteria and terms:
(i) you must be a resident of the United States, its territories, commonwealths and possessions;
(ii) you acknowledge that you are not entitled to any commercial, sale, resale, reproduction, distribution or promotional use rights in or to the content of the iheartradio Software or the Licensed Application;
(iii) you acknowledge that Clear Channel has the right to remove content from the iheartradio Software or the Licensed Application without notice to you;
(iv) you shall not distribute, share, export, burn, or copy the content contained in the iheartradio Software or the Licensed Application, except as explicitly authorized for a particular Software or the Licensed Application and in all cases for your personal entertainment purposes only;
(v) you shall not attempt to, or encourage any other person to, circumvent, edit, defeat, impair, modify, alter or tamper in any way, or for any reason whatsoever, any digital rights management or copyright protection technology or mechanism embedded in or associated with the iheartradio Sofware or Licensed Application;
3. OTA and WI-FI SERVICES
You acknowledge that Clear Channel does not provide and is not responsible for any over-the-air (“OTA”) or Wi-Fi service that the Device may access.
You agree that in connection with your use of the OTA or Wi-Fi capability therein that you accept the terms of service of any service provider of such OTA or Wi-Fi service and further authorize Clear Channel to accept such terms on your behalf. Clear Channel will not be responsible for any losses arising out of your use of any OTA or Wi-Fi service or your violation of any OTA or Wi-Fi terms of service.
4. ELECTRONIC SIGNATURE AND INTENT TO BE BOUND YOU ACKNOWLEDGE THAT EACH TIME YOU ELECTRONICALLY ORDER ANY OF THE SOFTWARE OR THE LICENSED APPLICATION OR CONDUCT ANY OTHER TYPE OF TRANSACTION THROUGH THE IHEARTRADIO SOFTWARE AND LICENSED APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
5. COPYRIGHT AND TRADEMARKS
A) As between you and Clear Channel, Clear Channel, its suppliers, or Licensors own all title and copyrights in and to the Software and the Licensed Application. All title and intellectual property rights in and to the content in the iheartradio Software and Licensed Application is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
B) ANY USE OF THE SOFTWARE AND LICENSED APPLICATION NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS PROHIBITED AND MAY INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF CLEAR CHANNEL OR OF OTHERS. ANY SUCH INFRINGEMENT MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES.
C) The following are registered trademarks or trademarks of Clear Channel: iheartradio and its registered design logo, other names, phrases (TM or R), as well as certain other Clear Channel trademarks, service marks, graphics, and logos (collectively, the “Clear Channel Trademarks”) used in connection with the Software, iheartradio Services and the Licensed Application. The Software, iheartradio Services and the Licensed Application may contain third-party trademarks, service marks, graphics and logos. You are not granted any right or license with respect to Clear Channel Trademarks or the trademarks of any third party.
A) The iheartradio Software and Licensed Application may include a security framework using technology to protect digital information. Your use of the iheartradio Software and Licensed Application is limited by any such security framework and the terms of this Agreement. Clear Channel may modify or discontinue using such security framework. Security modifications made by Clear Channel may from time to time include required or automated updates, modifications, patches and/or reinstallations of the Software and Licensed Application. Any violation or attempt to violate or circumvent any system or network security components may result in termination of this Agreement and civil or criminal liability.
B) Your use of the Software and the Licensed Application may be monitored by Clear Channel for compliance purposes.
C) Clear Channel may cooperate with and disclose information (including your Account information) to any authority, government official or third party, without giving any notice to you, in connection with any investigation, legal proceeding or claim arising from an asserted illegal action or infringement due to your use of the Software or the Licensed Application.
7. EXPORT LAW ASSURANCES
You shall not use or otherwise export or re-export any of the Software or the Licensed Application except as authorized by United States laws and the laws of the jurisdictions in which the Software and/or the Licensed Application were obtained. In particular, but without limitation, the Software and/or the Licensed Application may not be exported or re-exported: (i) into (or to a national or resident of) any U.S. embargoed countries; or (ii) 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.
A) THE SOFTWARE AND THE LICENSED APPLICATION AND ANY UPGRADES OR PLUG-INS AND ANY LICENSED CONTENT ARE LICENSED TO YOU “AS IS.” ANY USE OF THE SOFTWARE AND/OR THE LICENSED APPLICATION WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLEAR CHANNEL DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CLEAR CHANNEL MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE SOFTWARE AND THE LICENSED APPLICATION WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, OR WILL NOT CAUSE INTEREFERENC TO OTHER PROGRAMS ON YOUR RIM DEVICE, AND CLEAR CHANNEL DISCLAIMS ANY LIABILITY RELATING THERETO.
B) CLEAR CHANNEL MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE SOFTWARE OR THE LICENSED APPLICATION WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, CLEAR CHANNEL MAY MODIFY, SUSPEND, OR DISCONTINUE THE SOFTWARE OR THE LICENSED APPLICATION (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER CLEAR CHANNEL ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE SOFTWARE OR THE LICENSED APPLICATION, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
C) YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING IHEARTRADIO. CLEAR CHANNEL WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.
D) SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH IHEARTRADIO MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT CLEAR CHANNEL ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.
E) To the maximum extent permitted by applicable law, RIM will have no warranty obligation whatsoever with respect to the Software or the Licensed Application.
9. LIMITATION OF LIABILITY
A) IN NO EVENT WILL CLEAR CHANNEL BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF CLEAR CHANNEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CLEAR CHANNEL OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
B) TO THE EXTENT PERMITTED BY APPLICABLE LAW, CLEAR CHANNEL’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO [ONE DOLLAR (US $1.00).]
YOU WILL INDEMNIFY AND HOLD CLEAR CHANNEL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF THE SOFTWARE AND THE LICENSED APPLICATION.
In the event of any third party claim that the Software or the Licensed Application or your possession and use of that Software or Licensed Application infringes that third party's intellectual property rights, Clear Channel, not RIM, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
11. TERMINATION. The Agreement is effective until terminated by you or Clear Channel. Your rights under this Agreement will terminate automatically without notice from Clear Channel if you fail to comply with any term(s) of this Agreement. Upon termination of this Agreement, you shall cease all use of the Licensed Application, and delete all copies, full or partial, of the Licensed Application.
12. GENERAL INFORMATION
A) You will be responsible for providing the Device any other hardware and software necessary to use the iheartradio Services.
B) Clear Channel or its business partners may present advertisements or promotional materials via iheartradio. Your dealings with, or participation in promotions of any third-party advertisers via iheartradio are solely between you and such third party. Clear Channel is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via iheartradio.
C) iheartradio may present links to third-party Web sites or third-party services not owned or operated by us. We are not responsible for the such third-party sites or services or their contents, and we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or services or goods or services available through any such third-party site or service.
D) The iheartradio Software and Licensed Application are owned or licensed by Clear Channel and are protected by United States copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this Agreement..
E) Clear Channel, not RIM, is responsible for addressing any claims of the end-user or any third party relating to the Software or Licensed Application or your possession and/or use of that Software or Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
F) This Agreement is governed by the laws of the State of New York. The exclusive jurisdiction for any claim, action or dispute with Clear Channel or relating in any way to your use of the iheartradio Software and Licensed Application will be in the state and federal courts of the State of New York and the venue for the adjudication or disposition of any such claim, action or dispute will be in the County of New York, New York.
G) Should you have any questions concerning this Agreement or need technical support, you may contact iheartradio support by visiting www.iheartradio.com/blackberry.