More info:
http://polluxapp.com
Pollux Terms of Service
Thanks for your interest in the Pollux software and associated music identification services (collectively the "Service"). Please review carefully the terms and conditions contained in this Terms of Service agreement (the "Agreement"). The Agreement is a legal agreement between you (an individual or single entity) and ReversEntropy LLC, a Delaware corporation ("ReversEntropy"). By clicking on the "Accept" button, you confirm that you are at least 13 years old, capable of entering into legally binding contracts and that you agree to be bound by the terms set forth below.
1. LICENSE GRANT AND NOTICE
This Agreement includes a non-exclusive license to the "Pollux Application" software in binary and executable form (hereafter "Software") and is provided to you subject to ReversEntropy's copyright and other intellectual property rights. The Software is licensed to you for your personal non-commercial use on one or more computers that you own. For that purpose, you may make one single copy of the Software but you are not allowed to
- Provide any third party with a copy of the Software;
- Install the Software on a networked computer in a way that provides others access to the Software;
- Reverse engineer, de-compile, disassemble, modify, translate, make any attempt to discover the source code or resources of the Software or create derivative works based on the Software, or;
- Use a previous version of the Software after you have received an upgraded version as a replacement of the prior version. Upon upgrading the Software, all copies of the prior version must be destroyed.
- Share your subscriber ID and password with anyone else outside your household.
This license does not include any rights to hard-copy documentation, technical support, telephone assistance or any enhancements and updates to the Software other than those that ReversEntropy may determine to provide as part of the Service. Title, ownership rights, and intellectual property rights in the Software shall remain with ReversEntropy and its licensors. The Software is protected by copyright laws and treaties.
2. THIRD PARTY SOFTWARE AND SERVICES
The Software may include software developed by certain third parties ("Third Party Software") and therefore owned by these third parties. Your license to the ReversEntropy Software is subject to and limited by the terms under which such Third Party Software is made available to ReversEntropy pursuant to Third Party Software licenses.
Similarly, the Service may provide access to services provided by third parties ("Third Party Services") and require Internet connectivity. Third Party Services may require you to agree to Terms of Service specific to such Third Party Services.
3. CONTENT ACCESSED THROUGH THE SOFTWARE
The Service provides you access to information and content, such as song title, artist name and album art, that is owned by others. Title and related rights in the information and content accessed through the Software (the "Content") is the property of the applicable content owner and may be protected by applicable law. You may not modify, adapt, reformat, post, reproduce, broadcast, publish, display, transfer or redistribute any of the Content. In particular, you are not allowed to use the Service with as purpose to circumvent any copyright laws or regulations or to add metadata to any content to which you do not have adequate rights. ReversEntropy makes no warranty, representation or guaranty as to the accuracy, timeliness or completeness of the Content or that the Content may be relied upon for any reason. As a result, any changes that you make to your music information are done at your own risk.
Content may include materials that you may deem to be objectionable. ReversEntropy cannot be held liable for Content that is accessible as a result of the Service.
Access to the Service requires Internet connectivity which needs to be acquired at your expense.
4. SUBSCRIPTION RATES AND PAYMENTS
ReversEntropy may change the subscription rates or charge for use of the Service. Such pricing changes are effective with respect to new subscriptions and renewals that do not include a guaranteed price.
5. TERM AND TERMINATION
This Agreement takes effect immediately and will terminate:
- if you fail to comply with the limitations described herein;
- at the end of your subscription period, unless renewed.
On termination, you must destroy all copies of the Software.
6. DISCLAIMER OF WARRANTY
ReversEntropy and its licensors provide the Software and Service to you "As Is". ReversEntropy makes no representations or warranties about the Software and Service, either express or implied, and hereby expressly disclaims all warranties including, but not limited to the implied warranties of uptime availability of the Service, merchantability, fitness for a particular purpose and non-infringement. Neither ReversEntropy nor its licensors shall be liable for any damages suffered by you as a result of using, modifying or distributing the Software or its derivatives.
7. INDEMNIFICATION
You agree to use the Service only in accordance with the terms of this Agreement, any other party’s rights in the Content and in accordance with all applicable laws and regulations. You agree to hold harmless, indemnify and defend ReversEntropy, its officers, directors and employees from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have violated any terms of this Agreement.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL REVERSENTROPY OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF REVERSENTROPY OR ITS LICENSORS HAVE BEEN ADVISED SUCH DAMAGES.
9. MISCELLANEOUS:
a. This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without reference to its conflict of law provision.
b. By subscribing to the Service, you certify to ReversEntropy that all information you have provided in order to register is complete, accurate and current. Furthermore, you agree that ReversEntropy may collect, use, sell, license and otherwise distribute aggregate demographic information about subscribers (so that no subscriber is personally identifiable) to assist in market evaluation and for other purposes reasonably determined by ReversEntropy. For a full description of our privacy policy, see http://www.polluxapp.com/privacy.php.
c. Items 6, 7 and 8 shall survive the termination or expiration of this Agreement.
d. Nothing in this Agreement will be deemed to constitute either party as the other's partner, joint venture, representative, agent or employee for any purpose.
e. Should any portion of this Agreement be declared null and void by operation of law, or otherwise, the remainder of this Agreement shall remain in full force and effect.