End User License Agreement (EULA)
State as of 1. December 2010
This End User License Agreement (short "EULA") defines the terms of use of the cloudspeaker player (the "Player").
This EULA is a binding agreement between you and StreamForge GmbH, Alosenstrasse 2, 6315 Oberägeri, Switzerland (in the following "StreamForge"). By accepting this agreement and using the Player, you agree to be bound by the terms of this agreement. If you do not accept all terms of this agreement you are not allowed to install or use the Player.
1. License
Subject to your compliance with these terms and conditions, StreamForge grants you a royalty-free, non-exclusive, non-transferable, non sub-licensable license to use the Player, solely for your personal, non-commercial purposes. StreamForge reserves all rights in the Player not expressly granted to you here.
2. Proprietary Rights
The Player is licensed, not sold. StreamForge retains ownership of all intellectual property rights to the Player, including but not limited to patents, copyrights, trade secrets, and other intellectual properties. This agreement only grants you the right to use the Player. You are not granted any other rights to the Player, neither explicit nor implied ones. The Player is protected by international copy right laws.
3. Restrictions
The source code, design, and structure of the Player are trade secrets of StreamForge. You will not disassemble, decompile, or reverse engineer it, in whole or in part, except to the extent expressly permitted by law. You will not use the Player for illegal purposes. You will not analyze network traffic generated by the Player in order to gain information about other users of the Player. You will comply with all export laws.
4. Transferred Contents
The player only downloads data that was requested by you (explicitly, by category, or by subscription) and comes from partners approved by StreamForge, excepts that the Player may automatically update itself.
5. Data Upload
The Player improves the quality and stability of the streams by enabling your computer to acquire parts of the streams from other users of the Player. BY USING THE PLAYER TO CONSUME AUDIO OR VIDEO STREAMS YOU WILL IN TURN ENABLE OTHER USERS OF THE PLAYER TO DOWNLOAD PARTS OF THOSE STREAMS FROM YOU, thereby maximizing playback quality for all users. Only streams that you are currently consuming will be made available to other users. YOU CONSENT TO THE USE OF YOUR NETWORK CONNECTION TO BROADCAST PARTS OF THE STREAMS YOU RECEIVE TO OTHER USERS. The Player has been designed to automatically minimize its impact on other applications that share your network connection, whether they reside on your computer or on others.
6. Disclaimer of Warranty
StreamForge disclaims any responsibility for harm resulting from the Player or any content downloaded using the Player, whether or not StreamForge approved the content. StreamForge approval does not guarantee that content from an approved partner will function, sound, or appear as offered or hoped. Further, StreamForge does not guarantee that the content is complete, accurate, or free from bugs, errors, viruses, or other harmful content. The Player is built for personal entertainment use only. It must not be used in or allowed to communicate with any health critical applications or systems or any other vital, critical or valuable applications or systems. STREAMFORGE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE REGARDING THE PLAYER SOFTWARE OR ANY CONTENT YOU DOWNLOAD USING THE PLAYER. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM STREAMFORGE OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. Some jurisdictions do not allow certain limitations on implied warranties, so the above limitation may not apply to you to its full extent.
7. Limitation of Liability
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STREAMFORGE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, SPECIAL, INCIDENTAL, COSEQUENTIAL, OR INDIRECT DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PLAYER, EVEN IF STREAMFORGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, STREAMFORGE’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUT ACTUALLY PAID BY YOU FOR THE PLAYER. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
8. U.S. Government Users
The Player is "commercial computer software" any use of which by or on behalf of the U.S. Government is subject to the restrictions herein. Manufactured by StreamForge. All rights not expressly granted are reserved.
9. General
This agreement constitutes the entire agreement between you and StreamForge regarding your use of the Player as an end user and replaces all previous versions of the agreement. StreamForge reserves the right to modify the terms and conditions of this agreement in its sole discretion at any time by posting a new version of this EULA at http://www.cloudspeaker.fm/EULA/
Should any of the provisions of the EULA be ineffective or void in part or in whole, the contractual partners agree to stipulate a provision that comes closest to the meaning and purpose of the ineffective or void provision. StreamForge shall not be deemed to have waived any of its rights under this Agreement absent an express written waiver signed by an authorized representative of StreamForge.
The terms of this EULA are governed by and construed in accordance with Swiss law without regard to conflicts of law rules and both parties submit to the jurisdiction of the Zurich Commercial courts in Switzerland. The United Nations Convention on Contracts for the International Sale of Goods will not apply.
If you have any questions regarding this End User Agreement or the Player or if you require more detailed information about a term of this agreement please contact us at