RadioTime Service Agreement

Welcome to the RadioTime Service! This agreement explains the terms and conditions that will apply to your use of the RadioTime Service and constitutes a legally binding agreement between you and RadioTime Inc. ("RadioTime"). By using the RadioTime Service, you agree to all the terms and conditions in this agreement ("Agreement").

Terms Of Service

The RadioTime Service offered and provided by RadioTime is for personal, non-commercial use. Service is subject to the terms and conditions of this Agreement. RadioTime may at its discretion change the terms of this Agreement. Such changes shall be effective upon notification by RadioTime . We encourage you to check www.radiotime.com/privacy or call us for a copy of the current RadioTime Service agreement.

The RadioTime Service

The RadioTime Service consists of online RadioGuide™ information and PC-based Recorder software designed to simplify finding and time-shifting radio programming from broadcast or streaming radio sources.. The "RadioTime Service" means these features and any additional features and functionality that RadioTime may at its discretion and from time to time offer.

Changes To Your RadioTime Service

RadioTime may at its discretion and from time to time change, add or remove features and functionality of the RadioTime Service or the RadioTime Recorder without notice. RadioTime reserves the right to discontinue one, some, or all of the features of the RadioTime Service you receive at any time at its discretion. RadioTime may at its discretion discontinue the provision of software updates. Additionally, a given RadioTime subscription may support different features and functionality, and RadioTime is under no obligation to provide all features and functionality with your subscription.

RadioTime's Privacy Policy

RadioTime respects the privacy of your User Information (as defined in RadioTime's Privacy Policy) and will not disclose any of your User Information except as permitted in RadioTime's Privacy Policy. A copy of RadioTime's Privacy Policy can always be found via our web site at www.radiotime.com/privacy. Please read it carefully before using the RadioTime Service. By using the RadioTime Service, you agree to the terms and conditions of our Privacy Policy and affirm that you understand the options RadioTime provides to you with regard to your User Information. RadioTime will notify you of any substantial and material changes to the Privacy Policy and the latest Privacy Policy can always be accessed through our web site at www.radiotime.com/privacy.

Using The RadioTime Service

You may access and use the RadioTime Service only with a authorized subscription and you agree not to tamper with or otherwise modify your RadioTime Service. The RadioTime Service is provided for your personal, non- commercial use, and may not be resold, in whole or in part. You may not transfer the RadioTime Service to another individual.

Termination of Service

RadioTime retains the absolute right to immediately suspend or terminate your use of the RadioTime Service, and terminate this Agreement, if you breach any provision in this Agreement, if you misuse the RadioTime Service, and/or if you use the RadioTime Service in such a manner as to infringe upon the intellectual property rights of RadioTime or any third party. In addition, RadioTime reserves the right to terminate your use of the RadioTime Service and this Agreement for any other reason or no reason if RadioTime gives you at least 30 days advance notice of such termination.

We Don't Control the Nature Of Radio

The RadioTime Service gives you the ability to listen and record broadcast radio programs over which RadioTime exercises no editorial or programming control ("Third Party Content"). You understand that (a) RadioTime does not guarantee the access to, recording, or viewing of any particular program, (b) programming is not under RadioTime's control, (c) radio broadcaster may make program line-up changes too quickly for RadioTime to adjust recording times and this means shows affected by such changes will not be recorded properly or at all, (c) RadioTime is not responsible for and has no editorial control over any Third Party Content, and (d) RadioTime has no control over the distribution of programs. You agree that RadioTime will have no liability to you, or anyone else who uses your account, with regard to any Third Party Content.

Radio Programming Is Copyrighted

You also understand that the Third Party Content is the copyrighted material of the third party that supplies it, is protected by U.S. copyright law and other applicable laws, and may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the third party that supplied it, except to the extent allowed under the "fair use" provisions of the U.S. copyright laws, other limitations on exclusive copyrights in the U.S. copyright laws, or comparable provisions of foreign laws.

Copy Protection of Radio Programming

Third Party Content may be transmitted with a variety of copy protection mechanisms. These copy protection mechanisms are designed to protect the copyright interests of the relevant third party. These copy protection mechanisms may limit or prevent the ability of your RadioTime Recorder to play the Third Party Content or to record such Third Party Content for later listening. You understand that RadioTime does not control the decision of a third party to institute such copy protection mechanisms. You agree that RadioTime will have no liability to you, or anyone else who uses your account, with regard to the failure of your RadioTime Recorder to listen or record for later listening any Third Party Content implementing a copy protection mechanism.

Eligible Users

You must be at least 18 years of age to assume the responsibilities of this Agreement. Minors may use the RadioTime service only if one of their parents or legal guardians assumes the responsibilities of this Agreement and thereby assumes full responsibility for the minor's use of the RadioTime Service.

Using The RadioTime Service

You may access and use the RadioTime Service only with a RadioTime Recorder that is authorized to receive the RadioTime Service and you agree not to tamper with or otherwise modify your RadioTime Recorder. The RadioTime Service is provided for your personal, non- commercial use, and may not be resold, in whole or in part. Except as expressly provided in this Agreement, you may not transfer the RadioTime Service. If your RadioTime Recorder accesses the RadioTime Service (regardless of your payment status), you acknowledge and agree that you are a user of the RadioTime Service and are bound by the terms of this Agreement.

Termination Of Service

You may terminate your account, this Agreement, and your right to use the RadioTime Service, at any time and for any reason or no reason, by contacting RadioTime Customer. Notwithstanding anything to the contrary in this Agreement, RadioTime retains the absolute right to immediately suspend or terminate your account. If you breach any provision in this Agreement, if you misuse the RadioTime Service, and/or if you alter your RadioTime Recorder or use the RadioTime Service in such a manner as to infringe upon the intellectual property rights of RadioTime or any third party. In addition, RadioTime reserves the right to terminate your account and this Agreement for any other reason or no reason if RadioTime gives you at least 30 days advance notice of such termination.

The RadioTime Service

Your RadioTime Recorder may be eligible to receive the RadioTime Service. If you choose to terminate your RadioTime Service, this Agreement shall terminate immediately upon such termination and the terms and conditions of the RadioTime Service agreement shall apply.

Title to Software and Intellectual Property

You may need to use certain software programs to use or have full access to certain features of the RadioTime Service. You received certain software with the purchase of the RadioTime Recorder and other software programs may be provided to you by RadioTime from time to time, which you are obligated to accept. Your use of such software is subject to the terms of this Agreement. RadioTime retains title to and ownership of all the RadioTime software and certain intellectual property rights in the RadioTime Recorder. RadioTime also retains ownership of all RadioTime copyrights and trademarks. In the case of third party software delivered by RadioTime to the RadioTime Recorder, the applicable third party retains title to and ownership of its software, copyrights and trademarks. Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sublicense, distribute or use for other purposes either the RadioTime Recorder or software of this system is strictly prohibited.

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS RadioTime FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCLUDING, BUT NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE, COPYRIGHT INFRINGEMENT AND/OR TRADEMARK INFRINGEMENT AGAINST RadioTime OR THE RadioTime SERVICE, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY TERM OF THIS AGREEMENT, YOUR MISUSE OF THE RadioTime SERVICE, OR YOUR UNAUTHORIZED MODIFICATION OR ALTERATION OF THE RadioTime RECORDER OR RELATED SOFTWARE

Warranty Disclaimer

YOU UNDERSTAND AND AGREE THAT THE RadioTime SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RadioTime MAKES NO WARRANTY THAT THE RadioTime SERVICE WILL MEET YOUR REQUIREMENTS, ALLOW YOU TO RECORD ANY PARTICULAR PROGRAMMING, OR THAT USE OF THE RadioTime SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES RadioTime MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE RadioTime SERVICE (INCLUDING THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE RadioTime SERVICE WILL BE CORRECTED OR THAT THE RadioTime RECORDER OR RadioTime SERVICE WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE. FURTHER, RADIO TIME DOES NOT WARRANT THAT THE RadioTime SERVICE OR THE RadioTime SERVERS THAT PROVIDE YOU WITH DATA AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT RadioTime) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. RadioTime ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR RadioTime RECORDER, RadioTime SOFTWARE, OR OTHER HARDWARE. RadioTime AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE RadioTime SERVICE OR RadioTime SOFTWARE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS.

Limitations of RadioTime's Liability

IN NO EVENT WILL RadioTime OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, USE OF USER INFORMATION, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE RadioTime SERVICE OR USE OF THE RadioTime SERVICE THROUGH YOUR ACCOUNT BY ANYONE ELSE, EVEN IF RadioTime HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL RadioTime'S TOTAL CUMULATIVE LIABILITY TO YOU AND ANYONE WHO USES THE RadioTime SERVICE THROUGH YOUR ACCOUNT, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW, EXCEED THE AGGREGATE AMOUNT YOU PAID TO RadioTime IN THE PRECEDING TWELVE MONTHS. YOU UNDERSTAND THAT THESE LIMITATIONS OF RadioTime'S AND RadioTime'S SUPPLIERS' LIABILITY ARE A FUNDAMENTAL PART OF THIS AGREEMENT.

Miscellaneous

This Agreement will be governed by the laws of the State of Texas as such laws apply to agreements between Texas residents performed entirely within Texas. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You and RadioTime agree to submit to the exclusive personal jurisdiction of the courts located within the county of Dallas, Texas. If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. The official text of this Agreement or notice submitted hereunder shall be in English. In the event of any dispute concerning the construction or meaning of this Agreement, reference shall be made only to this Agreement as written in English and not to any translation into another language. This document represents the entire agreement governing your use of the RadioTime Service and supersedes any prior or contemporaneous written or oral statements by RadioTime or its representatives or resellers. RadioTime's failure to enforce any of the terms of this Agreement shall not constitute a waiver or relinquishment of RadioTime's right to do so at any time. BY USING THE RadioTime SERVICE, I REPRESENT THAT I HAVE READ AND UNDERSTOOD THIS ENTIRE AGREEMENT AND I AGREE TO ALL THE TERMS OF THIS AGREEMENT AS STATED ABOVE.