Pocket Tunes(tm) License ------------------------ This document must accompany any and all copies of this software! 3rd-party License Information ----------------------------- Pocket Tunes(tm) uses several third-party packages, which require us to include the following license information: This product includes technology licensed from Softick. Pocket Tunes Deluxe features aacPlus, developed by Coding Technologies. Coding Technologies, AB (http://www.codingtechnologies.com/) owns patents, essential to practice the Parametric Stereo Technology, which are necessary for the implementation of aacPlus v2 in Pocket Tunes Deluxe. In addition Coding Technologies owns source code used for this implementation. This product includes technology owned by Microsoft Corporation and under a license from Microsoft Licensing, GP. Use or distribution of such technology outside of this product is prohibited without a license from Microsoft Corporation and/or Microsoft Licensing, GP as applicable. Portions utilize Microsoft Windows Media Technologies. Copyright (c) 1999- 2002 Microsoft Corporation. All Rights Reserved Content providers are using the digital rights management technology for Windows Media contained in this device ("WM-DRM") to protect the integrity of their content ("Secure Content") so that their intellectual property, including copyright, in such content is not misappropriated. This device uses WM-DRM software to play Secure Content ("WM-DRM Software"). If the security of the WM-DRM Software in this device has been compromises, owners of Secure Content ("Secure Content Owners") may request that Microsoft revoke the WM-DRM Software's right to acquire new licenses to copy, display, and/or play Secure Content. Revocation does not alter the WM-DRM Software's ability to play unprotected content. A list of revoked WM-DRM Software is sent to your device whenever you download a license for Secure Content from the Internet or from a PC. Microsoft may, in conjunction with such license, also download revocation lists onto your device on behalf of Secure Content Owners. ptsc (Pocket Tunes(tm) Skin Compiler) uses the Xerces XML parser, provided by The Apache Software Foundation (www.apache.org) Pocket Tunes(tm) uses the Tremor Ogg Vorbis library, provided by the Xiph.org Foundation (www.xiph.org) Pocket Tunes(tm) uses the zlib compression library, provided by Jean-loup Gailly and Mark Adler (http://www.gzip.org/zlib/) Pocket Tunes(tm) uses MPEG Layer-3 audio decoding technology licensed from Fraunhofer IIS and Thomson. Pocket Tunes(tm) uses the pnoJpegLib library, provided by Stefan Stolz (jpeg@bin-people.de). This software is based in part on the work of the Independent JPEG Group. Pocket Tunes(tm) License ------------------------ This document must accompany any and all copies of this software! END-USER LICENSE AGREEMENT IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you ("Licensee", either an individual or a single entity) and NormSoft, Inc. ("Licensor") for the software accompanying this EULA, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (the "Product"). The SOFTWARE referenced by this EULA is Pocket Tunes(tm). By exercising your rights to make and use copies of the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use the SOFTWARE. LICENSE 1. LICENSE TO USE. Licensor grants Licensee a non-exclusive, non-transferable license (the "License") for the use of Licensor’s software in machine-readable form, registration code, and accompanying documentation (the “Product”) on Licensee's machine for which Licensee pay the license fee. The software shall not be used by more than one person per license purchased. The term of this license shall be one (1) year from the purchase date. Licensee may continue to use Product after the term has expired, but Licensee will not be eligible for Support. 2. RESTRICTIONS Product is copyrighted and contains proprietary information and trade secrets belonging to Licensor and/or its licensors. Title to Product and all copies thereof is retained by Licensor and/or its licensors. Licensee will not use Product for any purpose other than for Licensee’s own purposes or make copies of the software, other than a single copy of the software in machine-readable format for back-up or archival purposes. Licensee may make copies of the associated documentation for Licensee’s use only. Licensee shall ensure that all proprietary rights notices on Product are reproduced and applied to any copies. 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If, within thirty (30) days of shipment, Licensee report to Licensor that Product is not performing as described above, and Licensor is unable to correct it within ninety (90) days of the date Licensee report it, Licensee may return Product, and Licensor will refund the License fee. Licensor warrants that Product, as delivered to Licensee, does not infringe any existing U.S. patent, copyright, trademark, or trade secret. If Licensee promptly notify Licensor of any such claim, Licensor will indemnify Licensee and hold Licensee harmless against such claim, and will control any defense or settlement, unless Licensee have modified Product, combined Product with any software that led to the claim or failed to promptly install any version of Product provided to Licensee that is non-infringing. If commercially reasonable, Licensor will either obtain the right for Licensee to use Product or will modify Product to make it non-infringing, and failing these options, will refund Licensee’s License fee less accumulated depreciation calculated on a straight line method over a useful life of five (5) years. Provided the computers and operating systems on which Licensee has installed Product are Year 2000 compliant, Licensor warrants that Product will recognize the year 2000 as valid. In the event Product does not function according to published specifications because of the failure to recognize the year 2000 as valid, Licensor will provide the necessary resources to remedy year 2000 problems in Licensor's Product which prevent Product from functioning in accordance with its published specifications. The remedies above are Licensee’s exclusive remedies for Licensor’s breach of any warranty contained herein. 4. LIMITATION OF REMEDIES THE FOREGOING WARRANTIES ARE IN LIEU OF OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCT. SOME STATES DO NOT ALLOW SUCH DISCLAIMING OF WARRANTIES, SO SOME OR ALL OF THE DISCLAIMER ABOVE MAY NOT APPLY TO LICENSEE. IN NO EVENT WILL LICENSOR, ITS AUTHORIZED REPRESENTATIVES OR DISTRIBUTORS BE LIABLE TO LICENSEE FOR ANY CLAIMS OR DAMAGES IN EXCESS OF AMOUNTS PAID BY LICENSEE TO LICENSOR OR ITS REPRESENTATIVES UNDER THIS LICENSE. NEITHER LICENSOR NOR ITS AUTHORIZED REPRESENTATIVES OR ITS DISTRIBUTORS SHALL BE LIABLE FOR ANY LOST DATA, LOST PROFITS, LOST SAVINGS, OR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF LICENSEE’S USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF LICENSOR, ITS AUTHORIZED REPRESENTATIVES OR DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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Licensee recognize and agree that there is no adequate remedy at law for a breach of this Section, that such a breach would irreparably harm the Licensor and that the Licensor is entitled to equitable relief (including, without limitation, injunctive relief) with respect to any such breach or potential breach, in addition to any other remedies available at law. 6. EXPORT REGULATION Licensee agree to comply strictly with all US export control laws, including the US Export Administration Act and its associated regulations and acknowledge Licensee’s responsibility to, if necessary, obtain licenses to export, re-export or import Product. Product is prohibited for export or re-export to Cuba, North Korea, Iran, Iraq, Libya, Syria and Sudan or to any person or entity on the U.S. Department of Commerce Denied Persons List or on the U.S. Department of Treasury's lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers or Specially Designated Terrorists. 7. 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This Agreement is the entire Agreement between Licensee and Licensor relating to Product and: (i) supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communication between the parties during the term of this Agreement. If any provision of this Agreement is held invalid, all other provisions shall remain valid unless such validity would frustrate the purpose of this Agreement, and this License shall be enforced to the full extent allowable under applicable law. No modification to this License is binding, unless in writing and signed by a duly authorized representative of each party. The License granted hereunder shall terminate upon expiration of the term or Licensee’s breach of any term herein and Licensee shall cease use of and destroy all copies of Product. Duties of confidentiality, indemnification and the limitation of liability shall survive termination or expiration of this Agreement. Any future purchases of Product shall also be subject to this Agreement. All shipments are FOB NormSoft, Inc. All of Licensor’s licensors and subsidiaries are direct and intended third-party beneficiaries of this Agreement and may enforce it against Licensee. 10. TRADEMARKS Pocket Tunes and pTunes are trademarks of NormSoft, Inc. All other marks are property of their respective owners. 11. CONTACT Should you have any questions concerning this EULA, or if you desire to contact Licensor for any reason, please write or e-mail NormSoft, Inc. at legal at normsoft.com. Xerces License -------------- /* * The Apache Software License, Version 1.1 * * * Copyright (c) 1999-2001 The Apache Software Foundation. All rights * reserved. * * Redistribution and use in source and binary forms, with or without * modification, are permitted provided that the following conditions * are met: * * 1. Redistributions of source code must retain the above copyright * notice, this list of conditions and the following disclaimer. * * 2. Redistributions in binary form must reproduce the above copyright * notice, this list of conditions and the following disclaimer in * the documentation and/or other materials provided with the * distribution. * * 3. The end-user documentation included with the redistribution, * if any, must include the following acknowledgment: * "This product includes software developed by the * Apache Software Foundation (http://www.apache.org/)." * Alternately, this acknowledgment may appear in the software itself, * if and wherever such third-party acknowledgments normally appear. * * 4. The names "Xerces" and "Apache Software Foundation" must * not be used to endorse or promote products derived from this * software without prior written permission. For written * permission, please contact apache@apache.org. * * 5. Products derived from this software may not be called "Apache", * nor may "Apache" appear in their name, without prior written * permission of the Apache Software Foundation. * * THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED * WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES * OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE * DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR * ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, * SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT * LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF * USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND * ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, * OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT * OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF * SUCH DAMAGE. * ==================================================================== * * This software consists of voluntary contributions made by many * individuals on behalf of the Apache Software Foundation and was * originally based on software copyright (c) 1999, International * Business Machines, Inc., http://www.ibm.com. For more * information on the Apache Software Foundation, please see * . */ Tremor License -------------- Copyright (c) 2002, Xiph.org Foundation Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: - Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. - Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. - Neither the name of the Xiph.org Foundation nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE FOUNDATION OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. zlib License ------------ (C) 1995-2002 Jean-loup Gailly and Mark Adler This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software. Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions: 1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required. 2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software. 3. This notice may not be removed or altered from any source distribution. Jean-loup Gailly Mark Adler jloup@gzip.org madler@alumni.caltech.edu AESLib License -------------- ------------------------------------------------------------------------- Copyright (c) 2003, Copera, Inc., Mountain View, CA, USA. All rights reserved. LICENSE TERMS The free distribution and use of this software in both source and binary form is allowed (with or without changes) provided that: 1. distributions of this source code include the above copyright notice, this list of conditions and the following disclaimer; 2. distributions in binary form include the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other associated materials; 3. the copyright holder's name is not used to endorse products built using this software without specific written permission. DISCLAIMER This software is provided 'as is' with no explcit or implied warranties in respect of any properties, including, but not limited to, correctness and fitness for purpose. ------------------------------------------------------------------------- Issue Date: March 27, 2003 ------------------------------------------------------------------------- Copyright (c) 2001, Dr Brian Gladman , Worcester, UK. All rights reserved. LICENSE TERMS The free distribution and use of this software in both source and binary form is allowed (with or without changes) provided that: 1. distributions of this source code include the above copyright notice, this list of conditions and the following disclaimer; 2. distributions in binary form include the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other associated materials; 3. the copyright holder's name is not used to endorse products built using this software without specific written permission. DISCLAIMER This software is provided 'as is' with no explicit or implied warranties in respect of its properties, including, but not limited to, correctness and fitness for purpose. ------------------------------------------------------------------------- Issue Date: 29/07/2002 pnoJpegLib License ------------------ Copyright (C) 2004, Stefan Stolz Based on the work auf Yves Piguet and the Independent JPEG Group Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: * Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. * Neither the name of the Yves Piguet nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. License: THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. The Jpeg-Algorithms are provided by the Independent JPEG Group There is their License valid. Parts of this Software are written by Yves Piguet. For this Parts you have to follow his License. (http://www.nyctergatis.com/jpeglib/) Copyright (c) 2003, Yves Piguet. All rights reserved. Based on the work of the Independent JPEG Group. This software is based in part on the work of the Independent JPEG Group.