<b>MOBILE APPLICATIONS END USER LICENSE AGREEMENT</b>

Welcome! The following terms govern your use of our mobile software, services and applications (“Applications”). You may use the Applications only if you agree to these terms. 

BY INSTALLING OR USING THE APPLICATIONS, YOU SIGNIFY THAT YOU AGREE TO ABIDE BY THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT" or “LICENSE”). 

This license has the same legal effect as an agreement in writing. If you do not agree, do not install, copy or use the Applications. 

1.  APPLICATIONS.  Nullsoft, Inc. and its affiliates and suppliers ("we" or "us") provide the Applications to you under the terms of this Agreement. In this Agreement, we use the term “you” or “your” to mean you as an individual or such entity in whose behalf you act, if any. We may discontinue or change any feature of the Applications at any time and without notice.  

2.  TERMS. This Agreement governs your use of the Applications operating on the mobile operating platform provided by Google®. In addition, you understand and agree that third party distributors who offer the Applications on their devices or telecommunication services may impose their own terms and conditions if you acquire and use the Applications from them through their application stores. We may modify this License if we offer and you accept the download of any new features or updates for the Applications. 

3.  OWNERSHIP.  This is a license of the Applications, not a sale. The Applications and any content and services provided via the Applications are protected by copyright and other intellectual property laws and by international treaties. We, our licensors and suppliers own all rights in the Applications. Your rights to use the Applications are specified in this Agreement and we retain and reserve all rights not expressly granted to you. 

4.  RIGHT TO USE.  During the term of this Agreement, we grant you a personal, limited, non-exclusive, revocable and non-transferable right to install and use the Applications for personal and internal business purposes. 

5.  RESTRICTIONS.  You may not: (i) make any copies of the Applications other than the copy that you need to operate the Applications on your devices, (ii) modify or create any derivative works of the Applications; (iii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, underlying ideas, or algorithms of the Applications, or in any way ascertain, decipher, or obtain the communications protocols for accessing our networks; (iv) use the Applications to develop software or services that access the address space of the Applications or that intercept the proxy; (v) attempt to gain unauthorized access to any of our or our suppliers', licensors’, and distributors' services, accounts, computer systems or networks associated with the Applications; (vi) resell, lease, sublicense or otherwise attempt to transfer rights to the Applications; (vii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Applications; (vii) block, disable, or otherwise effect any advertising, advertisement banner window, tabs, links to other sites and services, or other features that constitute an integral part of the Applications; (ix) incorporate, integrate or otherwise include all or any portion of the Applications (including the communications protocols) into any software, program or product that communicates, accesses, or otherwise connects with our services or that interconnects any of our services with any other instant messaging or other online service; (x) use any of our services associated with the Applications in any manner that could damage, disable, overburden, or impair such services or interfere with any other party's use and enjoyment of them; (xi) use the Applications in any way that violates this Agreement or any law; (xii) use the Applications in any way that violates the rights of any third party; (xiii) use the Applications in any way to transmit, directly or indirectly, any unsolicited bulk communications (such e-mails, voice, photos, video, chat or SPIM instant messages); or (xiv) assist any third party to do any of the things described in this paragraph.

We may take any technical remedies to prevent unsolicited bulk communications, viruses or other harmful code from entering, utilizing, or remaining within our computer or communications networks.

6. CONTENT.  Content, information, materials, graphics, audio and video ("Content') that may be accessed through the Applications is the property of its respective owner. You may not use the Applications to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content. We make no representations or warranties regarding the accuracy or reliability of the information included in such Content. Use of any websites or services reached through the Applications is subject to the terms of use presented on such website or service. You must abide by those terms if you use our services through the Applications. This license provides no rights with respect to any musical compositions, sound recordings, video recordings, or other audio and/or video materials that may be reproduced, encoded, distributed, transmitted, performed, or otherwise used in connection with the Applications. You alone are responsible for ensuring that any Content is properly used in accordance with applicable laws and the rights of any third party with respect to such Content.

7.  ACCESS. You must provide at your own expense the equipment, Internet connections and wireless devices or wireless services to access and use the Applications. We do not guarantee that the Applications will work with all wireless devices or wireless service plans, at all times, or in all geographic locations. When you use the Applications, you may incur certain charges from your wireless carrier according to the terms of your carrier agreement, including without limitation, standard fees for data, messaging and wireless access, SMS and MMS messaging services. Please check with your carrier to verify whether there are any such fees that may apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS OR USE THE APPLICATIONS THROUGH YOUR WIRELESS DEVICE.  You authorize us to communicate with you regarding the Applications using SMS, MMS, text message or other electronic means to your wireless device. You acknowledge and agree that information about your usage of the Applications may be communicated to us by third parties, including without limitation your wireless carrier.  You agree to receive messages from the Applications on any or all configured devices.  When you access the Applications on your wireless device, we may obtain information from your wireless carrier about the type of device you are using. We may use this information to notify you on what type of features and products from the Applications that may be available to you on your device. Certain features of the Applications may require our collection of the phone number of your mobile phone or other wireless device.  We may associate that phone number to the mobile phone or other wireless device identification information; however we will not use that number for telemarketing. Some wireless carriers in the USA and other jurisdictions may be required to operate a system that will pinpoint the physical location of devices that use their service. Depending on the provider, we may automatically receive this information and you consent to any such disclosure. As part of the Applications, we may also collect and store certain information about our users, such as, users' wireless mobile subscriber ISDN and/or IMEI numbers (as applicable) and users' network access identifier information.. Certain services offered through the Applications may allow you to adjust your privacy settings; please review any information or FAQ area that accompanies such application for more details and instructions. 

8.  YOUR RESPONSIBILITIES. 

You are responsible for:

* all activities that occur under the use of the Applications through and devices;
* taking reasonable steps to prevent unauthorized access to confidential information stored in your mobile phone or other wireless device; and 
* complying with this agreement and with any and all applicable laws. 

You are solely responsible for the Content you post (including any personal information about yourself that you choose to submit or share using the Applications, such as your home address and the home address of others) and the consequences of sharing or publishing such Content with others and/or the general public. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY CONTACT OR INTERACTION THAT OCCURS BETWEEN YOU AND ANY OTHER PERSON AND THAT THE ENTIRE RISK FALLS ON YOU. You agree we have no control or liability how others may use or misuse personal information that you post about yourself or your family via the Applications, which could compromise your own privacy. Therefore, consider if there is any information contained in your postings on via the Applications that you would rather be kept private. 
You must notify your wireless carrier immediately if your mobile phone or other wireless device 
is lost or stolen. We cannot be responsible for what happens if your account information (such as stored passwords) becomes known to someone else. 

9.  SUGGESTIONS.  You agree that we may, without limitation and for no compensation, use in any manner all comments, suggestions, complaints and other feedback you provide relating to the Applications. 

10.  YOUR REPRESENTATIONS.  You represent and warrant that you have adequate legal capacity to enter into this Agreement, that you will use the Applications only for lawful purposes, that you shall not violate the rights of others or the terms of this Agreement. 

11.  AUTOMATED UPDATES.  We may, but we are under no obligation, to provide Updates, patches and fixes (“Updates”). You may be given the opportunity to choose whether you want all Updates delivered automatically or you would prefer to be notified when a new Update is ready to be installed, or we make such Updates available for download. You authorize us to deliver automatically any Update if we believe it is necessary to provide for the continued functionality of the Applications. Your use of the Updates will be governed by this Agreement unless you are asked to agree to new or additional terms at the time of download or installation.

12.  PERFORMANCE AND USAGE INFORMATION.  

(a) TECHNICAL INFORMATION. Most of the Applications are configured to report back information automatically relating to computer errors arising in connection with use of the Applications, without notice to you. Information on your Applications configuration settings may be included. We use this data to diagnose and improve the Applications. 

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

13.  THIRD PARTY OFFERINGS. Your use of any third-party plug-in applications is at your own risk. We assume no responsibility for your use of such plug-ins, and we have no obligation to correct errors or provide Updates for third party applications. 

14.  TERMINATION.  This agreement automatically terminates if you fail to comply with the terms of this License. We may terminate this License at any time in our sole discretion. You may discontinue use of the Applications at your discretion. Upon termination, you must stop all use of the Applications and must destroy all copies of the Applications that are in your possession. All provisions of this Agreement, except for the license grant in Section 3 above, survive the termination of this Agreement. 

15.  INJUNCTIVE RELIEF.  You agree that your breach or threatened breach of this Agreement will cause us irreparable damage for which recovery of money damages would be inadequate and that we, therefore, may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity.

16.  DISCLAIMER OF WARRANTY.  WE AND OUR DISTRIBUTORS PROVIDE THE APPLICATIONS “AS IS” AND WITH ALL FAULTS. WE AND OUR DISTRIBUTORS DO NOT WARRANT THAT THE APPLICATIONS WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR-FREE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORT AND COST OF ANY SERVICE AND REPAIR IS WITH YOU. 

WE, OUR SUPPLIERS AND DISTRIBUTORS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INTERFERENCE, NON-INFRINGEMENT OR ACCURACY, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. 

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US  SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. WE, OUR SUPPLIERS AND DISTRIBUTORS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE APPPLICATIONS. 

IF ANY IMPLIED WARRANTY MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN SUCH IMPLIED WARRANTY IS LIMITED TO 30 DAYS FROM THE DATE YOU ACQUIRED THE APPLICATIONS FROM US OR OUR AUTHORIZED DISTRIBUTOR. 

17.  LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR PARENT, SUCCESSORS, AFFILIATES, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, AGENTS OR DISTRIBUTORS (COLLECTIVELY, THE "NULLSOFT GROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE APPLICATIONS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, OUR ENTIRE COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES YOU PAID FOR THIS LICENSE (IF ANY) AND REPLACEMENT OF DEFECTIVE MEDIA OR PROVISION OF A REASONABLY SIMILAR PRODUCT, AS DETERMINED AT OUR SOLE DISCRETION, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. THE NULLSOFT GROUP IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY YOU OR A THIRD PARTY THAT IS ACCESSED THROUGH THE APPLICATIONS AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.

18.  NO SUPPORT OR UPGRADE OBLIGATIONS.  You agree that you are not entitled to any support, telephone assistance, corrections, updates, upgrades, bug fixes and/or enhancements of the Applications from us or our distributors. 
 
19.  IMPORT/EXPORT CONTROL.  The Applications are subject to export and import laws, regulations, rules and orders of the United States and foreign nations. You must comply with these laws that apply to the Applications. You may not directly or indirectly export, re-export, transfer, or release the Applications, any other commodities, software or technology received from us, or any direct product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government. 

20.  HIGH RISK ACTIVITIES.  The Applications are not fault-tolerant and are not designed, manufactured or intended for use in environments in which their failure could lead to death, personal injury, or severe physical or environmental damage, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems ("High Risk Activities"). ACCORDINGLY, WE AND OUR SUPPLIERS, LICENSORS AND DISTRIBUTORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. YOU AGREE THAT THE NULLSOFT GROUP WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE APPLICATIONS IN SUCH HIGH RISK ACTIVITIES.
21.  U.S. GOVERNMENT END-USERS.  The Applications are a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b) (2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government End Users acquire the Applications with only those rights as described in this License. 

22.  ELECTRONIC NOTICES.  YOU AGREE TO THIS LICENSE ELECTRONICALLY. YOU AUTHORIZE US TO PROVIDE YOU ANY INFORMATION AND NOTICES REGARDING THE APPLICATIONS (“NOTICES”) IN ELECTRONIC FORM. WE MAY PROVIDE NOTICES TO YOU (1) VIA E-MAIL IF YOU HAVE PROVIDED US WITH A VALID EMAIL ADDRESS OR (2) BY POSTING THE NOTICE ON A WEB OR MOBILE PAGE DESIGNATED BY US FOR THIS PURPOSE. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read the Notice or actually receive the delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Applications. As long as you are able to access the Internet using the Applications, you will be able to receive electronic notices from us. 

23.  INDEMNIFICATION.  Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, suppliers and agents and distributors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Applications. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

24.  CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.  You agree that the laws of the Commonwealth of Virginia govern this contract and any claim or dispute that you may have against us, without regard to Virginia’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the Commonwealth of Virginia and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 

BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE COMMONWEALTH OF VIRGINIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE COMMONWEALTH OF VIRGINIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

25.  ENTIRE AGREEMENT.  This Agreement and any supplemental terms constitute the entire agreement between you and us concerning the subject matter of this Agreement, which may only be modified by us. 

26.  GENERAL TERMS.  (a) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (b) If any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect, or we may at our option terminate this Agreement. (c) The controlling language of this Agreement is English. If you have received a translation into another language, it has been provided for your convenience only. (d) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (e) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. We may assign this Agreement to any entity at its sole discretion and without notice to you. (f) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (g) Neither party shall be in default or be liable for any delay, failure in performance or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.

27.  USER OUTSIDE THE U.S.  The Applications are controlled and operated within the United States. Although the Applications are accessible from outside of the United States, you understand and agree that the Applications (i) are not designed or customized for distribution for any specific country or jurisdiction (Territory), (b) are not intended for distribution to, or use by, any person or entity in any Territory where such distribution or use would be contrary to local law or regulation, (c) may not be appropriate or available for access or use in any particular Territory, and (d) is provided without any content filtering or rating mechanism. Nullsoft has no obligation to assure that the Applications comply with applicable local laws and regulations within the Territories in which you elect to use the Applications. Your use of Winamp within any specific Territory is entirely at your own risk. You are solely responsible for complying with any local laws in which you access or use the Applications. If you are using the Applications outside the U.S., then the provisions of this Section shall apply: (i) Les parties aux présentés confirment leur volonté que cette convention de même que tous les documents y compris tout avis qui s'y rattaché, soient redigés en langue anglaise. (translation: "The parties confirm that this Agreement and all related documentation is and will be in the English language."); (ii) you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Applications, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable; and (iii) if the laws applicable to your use of the Applications would prohibit the enforceability of this Agreement, or impose any additional burdens on Nullsoft, or confer any rights to you that are materially different from the terms and conditions of this Agreement, then you are not authorized to use the Applications and you agree to remove it from your computer. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.  


If you have any questions or comments regarding this License, you may write to: 
Nullsoft Mobile Applications End User License Agreement
c/o AOL Inc. Legal Department 
22000 AOL Way
Dulles, VA 20166 


Last Updated: 30 August 2010