SeCure X1 Recording Control End User License Agreement For BlueBeat Music Service

This is a legal agreement ("Agreement") between you as the end user ("you" or "your") and BlueBeat, Inc. ("BlueBeat").

IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THIS AGREEMENT. BY CLICKING THE "I ACCEPT" BUTTON LOCATED ON THIS PAGE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT AND DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE CLICK THE "I DO NOT ACCEPT" BUTTON. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT BE REGISTERED TO USE OR ACCESS THE BLUEBEAT MUSIC SERVICE.

1. Description of the Software By downloading the SeCure X1 Recording Control software application (the "Software") and registering with BlueBeat, you may be eligible to subscribe to the BlueBeat music service. The Software is a digital rights management software application that controls the audio paths through your computer system in order to prevent the unauthorized capturing of unprotected music that is being played via your computer system. Please be aware that digital output pathways are blocked and the use of recording applications will be rendered inoperative when using the BlueBeat music service.
2. Grant of License BlueBeat grants you a limited, non-exclusive, nontransferable, royalty-free license to use one copy of the object code form of the Software for personal and lawful end use. BlueBeat does not transfer title to the Software to you; this license shall not be considered a "sale" of the Software. All other rights are reserved to BlueBeat except as expressly provided herein.
3. Restrictions You shall not rent, lease, sell, create derivative works, sublicense, assign, or otherwise transfer the Software, including any accompanying printed materials, except as expressly permitted by this Agreement. You may not reverse engineer, decompile, disassemble or circumvent any technological measure in the Software except to the extent that this restriction is expressly prohibited by applicable law. BlueBeat and its licensors and suppliers shall retain title and all ownership rights to the Software and all derivative works thereof. No right, title or interest in or to any trademark, service mark, logo or trade name of BlueBeat or its licensors, suppliers or affiliates is granted under this Agreement.
4. Termination This Agreement is effective until terminated. You may terminate this Agreement at any time by uninstalling from your system and destroying all copies of the Software. This Agreement will terminate immediately without notice from BlueBeat if you fail to comply with any provision of this Agreement. Upon termination of this Agreement, you must uninstall from your system and destroy all copies of the Software.
5. Maintenance BlueBeat is not obligated to provide maintenance and technical support to you for the Software licensed under this Agreement.
6. Upgrades You acknowledge that BlueBeat may issue upgraded versions of the Software from time to time, and may automatically electronically upgrade the version of the Software that you are using on your computer. You consent to such automatic upgrading, and agree that this Agreement (as amended from time to time) will govern all such upgraded versions. The Software will operate only on those hardware and software platforms specified in the Software documentation and/or on the BlueBeat web site. It is your responsibility to ensure that you have the appropriate software, hardware and Internet connection to operate the then-current version of the Software. BlueBeat reserves the right to cease supporting any hardware or software platform at any time, with or without notice. BlueBeat may modify the Software at any time without notice and may discontinue using the Software in connection with the BlueBeat music service.
7. Uninstalling In order to uninstall the Software, you must open the Control Panel in Microsoft Windows. Once you open the Control Panel, click on Add/Remove Programs, and then click on the BlueBeat.com icon. Microsoft Windows will then uninstall the Software. For more information about adding or removing software programs, see the Microsoft Windows Help File.
8. Disclaimers of Warranty To the maximum extent permitted by applicable law, BlueBeat and its licensors and suppliers provide the Software and any (if any) support services related to the Software ("Support Services") AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the Software, and the provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU. BLUEBEAT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
9. Exclusion of Incidental, Consequential, and Certain Other Damages To the maximum extent permitted by applicable law, in no event shall BlueBeat or its licensors, suppliers or affiliates be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faithor of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Software, the provision of or failure to provide Support Services, or otherwise under or in connection with any provision of Agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of BlueBeat or any supplier, even if BlueBeat or any supplier has been advised of the possibility of such damages.
10. Limitation of Liability and Remedies Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of BlueBeat and any of its licensors, suppliers and affiliates under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the Software or U.S. $5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
11. Governing Law, Attorneys’ Fees This Agreement shall be construed and controlled by the laws of the State of California, and you consent to the exclusive jurisdiction and venue in the federal courts sitting in Santa Cruz County, California, unless no federal subject matter jurisdiction exists, in which case you consent to the jurisdiction and venue in the Superior Court of Santa Cruz County, California. You waive all defenses of lack of personal jurisdiction and forum nonconveniens. Process may be served on either party in the manner authorized by applicable law or court rule. If either BlueBeat or you employ attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees.
12. U.S. Government Restricted Rights All copies of the Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All copies of the Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
13. Export Restrictions You agree that you will not export or re-export the Software to any country, person or entity subject to U.S. export restrictions. You specifically agree not to export or re-export the Software (i) to any country to which the U.S. has embargoes or restricted the export of goods or services which currently include but are not necessarilylimited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the Software back to such country; (ii) to any person or entity who you know or have reason to know will utilize the Software inthe design, development or production of nuclear chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government.
14. Questions Should you have any questions concerning this Agreement, or if you desire to contact BlueBeat for any reason, please write: BlueBeat, Inc., Post Office Box 8447, Santa Cruz, California 95061.
15. Miscellaneous This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Santa Cruz, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with BlueBeat’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

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