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NetRadioPlayer™ Application End User License Agreement

April 13, 2015

IMPORTANT- PLEASE READ CAREFULLY:

THIS END-USER LICENSE AGREEMENT (“EULA“) IS A LEGAL AGREEMENT BETWEEN YOU
(“YOU”, “END USER”, “YOUR”) AND PUREDIRECT, LLC DBA. (“NETRADIOPLAYER“, “WE”, OR
“US”). THIS EULA GOVERNS YOUR USE OF THE NETRADIOPLAYER APPLICATION THAT WILL BE
INSTALLED IF YOU ACCEPT OR AGREE TO THESE TERMS (THE “APPLICATION“).

BY ACCEPTING THESE TERMS, INSTALLING AND/OR UTILIZING THE APPLICATION, YOU AGREE
TO BE LEGALLY BOUND AND ABIDE BY THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT OR
AGREE TO THE TERMS OF THIS EULA, YOU OBTAIN NO LICENSE TO THE APPLICATION AND
YOU MAY NOT DOWNLOAD OR USE THE APPLICATION.  BY ACCEPTING THE TERMS OF THIS
EULA, YOU ARE ALSO ACKNOWLEDGING AND ACCEPTING THE NETRADIOPLAYER PRIVACY
POLICY. YOU MAY NOT ACCEPT THE TERMS OF THIS EULA, DOWNLOAD, OR USE THIS
APPLICATION IF: (I) YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US;
OR (II) YOU ARE A PERSON BARRED FROM USING THIS APPLICATION AND/OR THE
ASSOCIATED SERVICES ACCORDING TO THE LAWS OF UNITED STATES. THIS PRODUCT AND ALL
ITS CURRENT FEATURES ARE FREE. NO REGISTRATION OR PERSONAL INFORMATION IS
REQUIRED. THIS PRODUCT IS NOT SPYWARE OR MALWARE.

1. Using the NetRadioPlayer Application

1.1 The Application and associated Services are tools intended to (i) provide
You with access to internet radio content

1.2 Display of Advertising: You explicitly acknowledge and agree that in
consideration for providing the Application free of charge, we will display
advertising within the application.

(“Advertisement(s)”) in connection with your use of the Application.
Notwithstanding anything to the contrary herein, You explicitly agree and
acknowledge that (i) when You visit a website via an applicable web browser on
Your computer, whether by clicking on a link and/or clicking on an
Advertisement; the Application recognizes whether the URL is one of our
advertisers or partners, and, if so, may redirect You through to the advertiser
or partner networks’ site, at which time, a tracking cookie might be placed in
Your computer/browser; (ii) the Application may display Advertisements within
applicable web browsers relevant to websites that You are visiting, and/or (iii)
clicking on an Advertisement will result in You being directed to an advertiser
site which is (a) not owned or controlled by NetRadioPlayer and (b) subject to
the end user license agreement and site policies posted thereon versus this EULA
and/or NetRadioPlayer Privacy Policy

1.3 How to Uninstall the Application: You can easily uninstall the Application
as follows: Make sure all your browser windows are closed before starting the
uninstallation process. Click on the “Start” button; then click on the
“Settings” button, then click on the “Control Panel” button, then click on the
“Add or Remove Programs” button, then select “NetRadioPlayer”, then click on the
“Change/Remove” button.

2. License Grant Subject to the terms and conditions of this EULA,
NetRadioPlayer grants you a non-exclusive, non-sublicensable, non-transferable,
non-assignable, revocable, limited license, to: (a) download and install the
Application; and (b) use the Application and Services solely for your personal,
non-commercial purposes. The term Application also includes all updates
NetRadioPlayer may make generally available to end users when releasing a new
version of the Application or when making new features available (“Updates”).

3. License Conditions and Restrictions You may not rent, sell, lease,
sublicense, distribute, assign, copy, or in any way transfer the Application or
this EULA or use the Application for the benefit of any third party in any
manner.

You may not modify, decompile, disassemble, or otherwise
reverse-engineer the source code of the Application, or attempt to do so for any
reason. Further, you may not access, create or modify the source code of the
Application in any way. You do not have the right to and may not create
derivative works of the Application. All modifications or enhancements to the
Application, whether created by us, you, or a third party, remain our sole
property. You understand that we, in our sole discretion, may modify or
discontinue or suspend your right to access any of our Services or your use of
the Application at any time. We may at any time suspend or terminate any license
under this EULA and disable the Application or any of its component features or
functionalities.

3.1 Limited Consent to Use of Data; NetRadioPlayer Privacy Policy You
acknowledge and agree that to enable the Application functionality We will
collect and use certain technical data and related information as further set
forth with the “NetRadioPlayer Privacy Policy” which is available by clicking
here. Further, any such collection and/or use of data will be (i) limited to
facilitate the provision of (a) Updates and/or (b) services related to (1) the
Application and/or (2) serving of Advertisements); and (ii) will be in
accordance with the NetRadioPlayer Privacy Policy

3.2 Services In this EULA, “Services” means (i) the internet radio services
provided via the Application, (ii) the serving of Advertisements.  You
acknowledge and agree that unless explicitly stated otherwise: (i) any new or
updated features that modify the current Application and/or Services, including
any Updates, shall be subject to the EULA; (ii) the form and nature of the
Services provided through the Application may change from time to time without
prior notice to You; and (iii) NetRadioPlayer may stop (permanently or
temporarily) providing the Application or Services (or any features associated
with the Application) to You or to all users at our sole discretion and/or
without prior notice to You. You may elect to stop using the Application and/or
receiving all or some of the Services at any time by uninstalling the
Application. You do not need to provide NetRadioPlayer with notice when you stop
using the Application or Services.

3.3 Advertisements and Third Party Sites. Internet radio programming and/or
Advertisements may contain links to third party websites that are not under the
control of NetRadioPlayer. NetRadioPlayer is not responsible for the content of
any internet radio programming, Advertisements and/or related websites (see
Section 4.2 for more details on Copyright and Section 6 for Disclaimers).
NetRadioPlayer does not review, approve, monitor, endorse, warrant, or make any
representations with respect to internet radio content, Advertisements and/or
related websites. Your use of any third party site is at your own risk and
subject to such third party’s terms and policies (including but not limited to
the third party’s privacy and data gathering practices versus this EULA and/or
the NetRadioPlayer Privacy Policy). You should make whatever investigation you
feel necessary or appropriate before proceeding with any transaction in
connection with an Advertisement or link to third party site(s).

4. Ownership

4.1 You acknowledge and agree that the Application is licensed, not sold to you;
and such license is contingent upon your compliance with all terms herein. You
acknowledge that the Application, including all data, code, protocols, software
and documentation provided to You by Us in conjunction with the Application or
our Services are NetRadioPlayer’s property or the property of our licensors, and
are protected by U.S. and international copyright, trademarks, patents and other
proprietary rights and laws relating to trade secrets, and any other
intellectual property or proprietary rights recognized in any country or
jurisdiction worldwide, including, without limitation, moral or similar rights.
You may not delete, alter, or remove any copyright, trademark, or other
proprietary rights notice we have placed on the Application. All rights not
expressly granted hereunder are expressly reserved to us and our licensors. By
accepting the terms of this EULA, downloading, or using the Application, You
represent and warrant that you are either the owner or an authorized user of the
computer where the Application is or will be installed. You may use the
Application and Services only for lawful purposes and shall not copy, store, or
reuse internet radio content made available via the Application or Services.
Your license to use the Application and Services is subject to, and contingent
upon Your compliance at all times with, all local, state, national, and
international laws, statutes, rules, regulations, ordinances and the like
applicable to the use of our Application and Services. You agree not to use the
Application or Services to conduct any business or activity or solicit the
performance of any activity, which is prohibited by law or by any contractual
provision by which you are bound.

4.2 Claims of Copyright Infringement. We respect the intellectual property of
others, and we ask our users to do the same. The Digital Millennium Copyright
Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that
material appearing on the Internet infringes their rights under U.S. copyright
law. If you believe in good faith that materials accessed via the Application
infringe upon your copyright(s), you (or your agent) may send a notice
requesting that the material be removed, or access to it blocked. The notice
must include the following information: (a) a physical or electronic signature
of a person authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed; (b) identification of the copyrighted work claimed to
have been infringed (or if multiple copyrighted works located on the Site are
covered by a single notification, a representative list of such works); (c)
identification of the material that is claimed to be infringing or the subject
of infringing activity, and information reasonably sufficient to allow the
service provider to locate the material on their site; (d) the name, address,
telephone number and email address (if available) of the complaining party; (e)
a statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
its agent or the law; and (f) a statement that the information in the
notification is accurate and, under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed. If you believe in good faith that a notice of copyright
infringement has been wrongly filed against you, the DMCA permits you to send
our service provider a counter-notice. Notices and counter-notices must meet the
then-current statutory requirements imposed by the DMCA; see
http://www.loc.gov/copyright/ for details.

Notices and counter-notices with respect to internet radio content or related
sites made available via the Application should be sent to DAR.FM, Inc., 6450
Lusk Blvd #E204, San Diego, CA 92121, Attn: Michael Robertson or
michael@michaelrobertson.com

Notices and counter-notices with respect to other content made available via the
Application, such as Advertisements, should be emailed to
support@NetRadioPlayer.com or mailed to us at: NetRadioPlayer, PO Box 782, San
Leandro, CA 94577.

We suggest that you consult your legal advisor before filing a notice or
counter-notice. Also, be aware that there can be penalties for false claims
under the DMCA.

5. Access and Interference. You agree that you will not use any robot, spider,
other automatic or manual device or process to copy, store, interfere or attempt
to copy, store, or interfere with the proper working of the Application, or
Services except to remove our Application from a computer of which you are an
owner or authorized user. You may not violate or attempt to violate the security
of our Application. We reserve the right to investigate occurrences which may
involve such violations, and may involve, and cooperate with, law enforcement
authorities in prosecuting users who have participated in such violations. You
agree that it is Your responsibility to install anti-virus software and related
protections against viruses, malware, spyware, Trojan horses, worms, time bombs,
cancelbots or other techniques that may have the effect of damaging, destroying,
disrupting or otherwise impairing a computer’s functionality or operation.

6. Disclaimer of Warranty YOUR ACCESS, DOWNLOAD AND USE THE APPLICATION AND
ASSOCIATED SERVICES IS AT YOUR SOLE RISK. WE PROVIDE THE APPLICATION AND
ASSOCIATED SERVICES (INCLUDING THE DISPLAY OF ADVERTISEMENT OR CONTENT PROVIDED
BY THIRD PARTY ADVERTISERS) ON AN “AS-IS,” AND “AS AVAILABLE” BASIS WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL
CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR
WARRANTIES CONCERNING THE APPLICATION AND/OR ASSOCIATED SERVICES, AND YOU ARE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
MAY RESULT FROM THE DOWNLOAD AND/OR USE OF THE APPLICATION.

WE DO NOT MAKE ANY
REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY,
COMPLETENESS, OR RELIABILITY OF THE APPLICATION AND RELATED SERVICES, (B) THAT
THE APPLICATION WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR
ERROR-FREE MANNER IN ACCORDANCE WITH ITS DOCUMENTATION, OR (C) THAT ERRORS OR
DEFECTS RELATED TO THE APPLICATION WILL BE CORRECTED. WE ALSO DO NOT WARRANT
THAT THE APPLICATION, ANY THIRD PARTY ADVERTISEMENT THAT MAY BE DISPLAYED TO
YOU, OR THE INFORMATION AVAILABLE THROUGH THE APPLICATION IS APPROPRIATE,
ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. YOUR ONLY RIGHT OR
REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE APPLICATION IS
TO UNINSTALL AND CEASE USE OF THE APPLICATION AND SERVICES. SOME JURISDICTIONS
DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE
FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED
WARRANTIES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
AGREEMENT.

7. Termination You may terminate this EULA at any time by uninstalling and
destroying all copies of the Application in Your possession or control. If you
do not comply with this EULA, at any time, we reserve the right to terminate
your access to the Services through the Application. We may discontinue and/or
alter any aspect, feature, or functionality of the Application or the Services,
including, but not limited to, (i) restricting the time the Application or the
Services are available, or (ii) restricting or terminating any user’s right to
use the Application or the Services, at our sole discretion and without prior
notice or liability. We may also, in our sole discretion, terminate your use of
the Application or the Services, and disable your use of the Application, for
any reason, including, without limitation, for lack of use or if we believe that
you have violated or acted inconsistently with the letter or spirit of these
EULA. Further, you agree that we shall not be liable to you or any third-party
for any termination of your access to the Application or Services.

8. Limitation of Liability YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT
WILL NETRADIOPLAYER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER
INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES) OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THIS AGREEMENT,
ADVERTISEMENTS, APPLICATION AND/OR SERVICES. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR
DAMAGES, IN SUCH STATE OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE
MAXIMUM EXTENT PERMITTED BY LAW.

9. Indemnification You agree to indemnify, defend and hold harmless
NetRadioPlayer and its affiliates, employees, representatives and agents from
and against any claim, demand, action, investigation or other proceeding,
including but not limited to all damages, losses, liabilities, judgments, costs
and expenses arising or occurring therefrom (including but not limited to
reasonable attorney’s fees), brought or sought by any third party to the extent
that such claims relate to, or are based on Your breach of this EULA and/or Your
use of the Application or Services. You agree to indemnify and hold
NetRadioPlayer (and its affiliates, officers, employees, contractors, and
agents) harmless, including costs and attorneys’ fees, from any claim or demand
made by any third party due to or arising out of (a) Your use of the Application
or Services, (b) Your violation of this EULA; or (c) Your violation of
applicable laws or regulations. We reserves the right, at Your expense, to
assume the exclusive defense and control of any matter for which You are
required to indemnify Us and You agree to cooperate with our defense of these
claims. You agree not to settle any matter without our prior written consent. We
will use reasonable efforts to notify you of any such claim, action or
proceeding upon becoming aware of it.

10. Export Controls The Application and the underlying information and
technology may not be downloaded or otherwise exported or re-exported (a) into
(or to a national or resident of) any country to which the U.S. has currently
embargoed goods; or (b) 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 Application, You agree to the foregoing and
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, and that you
will otherwise comply with all applicable export control laws.

11. Notice to Government End Users America, its agencies and/or
instrumentalities (“U.S. Government”), is provided with Restricted Rights as
“commercial Items,” as that terms 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. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R.
§12.212), the U.S. Government shall have only those rights specified in the
license contained herein. The U.S. Government shall not be entitled to (i)
technical information that is not customarily provided to the public or to (ii)
use, modify, reproduce, release, perform, display, or disclose commercial
computer software or commercial computer software documentation except as
specified herein. Use, duplication, or disclosure by the U.S. Government is
subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted
Rights at 48 C.F.R. 52.227-19, as applicable.

12. Applicable Law The laws of the State of New York in the United States of
America, without regard to conflict of laws principles, shall govern all matters
relating to or arising from this EULA, and the use (or inability to use) the
Application or Services. You hereby submit to the exclusive jurisdiction and
venue of the appropriate State and Federal courts located in New York City, New
York, with respect to all matters arising out of or relating to this EULA.

13. Severability and Illegality If any of the provisions of this EULA shall be
declared illegal or unenforceable in whole or in part, such provisions shall be
severable and independent from the other provisions of this EULA, and the
validity of the other provisions and of the entire EULA shall not be affected.

14. Third Party Rights. The provisions of this EULA are intended only to have
effect between NetRadioPlayer and Yourself and are not intended to confer any
benefit or right of enforcement upon any other person.

15. Customer Concerns. Please let us know of any questions, concerns or problems
you have relating to the NetRadioPlayer Application by emailing us at
support@NetRadioPlayer.com or mail us at: NetRadioPlayer, PO Box 782, San
Leandro, CA 94577.  NetRadioPlayer and other trademarks contained in the
Application are our trademarks or registered trademarks in the United States
and/or other countries. Third party trademarks, trade names, product names and
logos may be the trademarks or registered trademarks of their respective owners.
You may not remove or alter any trademark, trade names, product names, logo,
copyright or other proprietary notices, legends, symbols or labels in the
Application. This EULA does not authorize you to use our or our licensors’ names
or any of their respective trademarks.

NetRadioPlayer © 2014, All rights reserved.


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