User License Agreement and Limited Warranty

LICENSE AGREEMENT AND LIMITED WARRANTY

IMPORTANT – PLEASE READ THE TERMS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING ANY SOFTWARE OR SOFTWARE UPDATE. BY DOWNLOADING ANY SOFTWARE, FIRMWARE, OR DOCUMENTATION, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU MAY NOT DOWNLOAD ANY SOFTWARE AND/OR PROGRAM OR ONLINE DOCUMENTATION.

LICENSE

Indonesia Systems furnishes this Indonesia Systems Software, defined to include the software embedded in your Indonesia Systems product (as updated from time to time) and any desktop or handheld application portions of the software, and licenses their use to you as provided in this Agreement. Under this Agreement, Indonesia Systems grants you a non-exclusive, non-transferable, non-sublicensable, royalty-free limited license to use the Indonesia Systems Software for the purpose of operating your Indonesia Systems product and the related desktop or handheld device applications on any personal computer or handheld device owned or controlled by you. Except as described above, you may not transfer the Indonesia Systems Software to any other computing device or remove the Indonesia Systems Software from your Indonesia Systems product.

Notwithstanding any license granted herein by Indonesia Systems, you acknowledge and agree that it is your sole responsibility to comply with U.S. and international copyright laws with respect to your use of the Indonesia Systems Software. You agree not to modify, adapt, translate, reverse engineer, decompile, or disassemble the Indonesia Systems Software or the Indonesia Systems product, in whole or in part, except as expressly provided for in this agreement or upon Indonesia Systems’ written request. In addition, you agree not to transfer or disclose the Indonesia Systems Software, the accompanying online documentation or any program you develop from them in whole or in part, to any third party except upon Indonesia Systems’ prior written approval. Finally, you agree not to use your Indonesia Systems product in whole or in part for any purpose other than as outlined in the online documentation.

Except for the limited license granted herein, Indonesia Systems and its suppliers hereby retain all right, title, and interest in and to all worldwide intellectual property rights embodied in the Indonesia Systems Software. All other rights are reserved by Indonesia Systems.

Notwithstanding the foregoing license grant, you acknowledge that certain components of the Indonesia Systems Software may be covered by third-party software licenses (“Third Party Components”). To the extent required by the licenses covering Third Party Components, the terms of such licenses will apply in lieu of the terms of this Agreement.

TERMINATION

The license is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective, without notice from Indonesia Systems, if you fail to comply with any terms of this License. Upon termination of this License, you will cease all use of the Indonesia Systems Software, and you will destroy the Indonesia Systems Software and accompanying documentation and all copies you have made of them. In addition, upon termination, you will have no recourse against Indonesia Systems for your inability to use the program or accompanying documentation.

COMPLIANCE WITH COPYRIGHT LAWS

You acknowledge that Indonesia Systems owns all right, title, and interest in all copyrights, trade secrets, and intellectual property related to your Indonesia Systems product, the Indonesia Systems Software, and accompanying documentation. Indonesia Systems complies with U.S. and international copyright laws, and in consideration of the license granted herein, you agree to do the same. You acknowledge that unauthorized copying or distribution of music or other content accessed using your Indonesia Systems product is prohibited by such copyright laws, and you agree that you will not, directly or indirectly, copy or distribute any content without the express written authorization of the copyright holder. You agree to indemnify and hold harmless Indonesia Systems and its licensors from and against any and all claims, suits, losses, damages, liabilities, costs, and expenses incurred by Indonesia Systems or its licensors arising out of or related to your failure to comply with the terms of this section.

THIRD PARTY CONTENT AND TECHNOLOGIES

From time to time, Indonesia Systems may provide access to third-party content providers via the Indonesia Systems Product. In addition, Indonesia Systems may support certain third-party technologies, such as specific file formats. Indonesia Systems reserves the right to discontinue access to and/or support for such third-party content or technologies at any time, and for any reason. Indonesia Systems makes no representations or warranties whatsoever regarding the selection of, or continuing support for, any such third-party content or technologies. Access to services provided by third parties requires Internet access and may require you to accept additional terms. You agree that Indonesia Systems is not responsible for evaluating or examining any such third-party services, technologies, or related materials, and that Indonesia Systems will not have any liability to you related to such services, technologies, or related materials.

DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW:

(a) The Indonesia Systems Software and services performed by the Indonesia Systems Software are provided “As Is” with all faults and without warranty of any kind. Indonesia Systems does not warrant against interference with your enjoyment of the Indonesia Systems Software, that the Indonesia Systems Software and related services will meet your requirements, or that the Indonesia Systems Software and related services will be uninterrupted or error-free.

(b) Indonesia Systems does not warrant that any defects in the Indonesia Systems Software will be corrected or that the Indonesia Systems Software will be compatible or work with any third-party software, applications, or third-party services.

(c) The Indonesia Systems Software and related services are at your risk, and the entire risk as to satisfactory quality, performance, accuracy, and effort is yours.

LIMITATION OF LIABILITY

To the extent not prohibited by law, in no event will Indonesia Systems or its suppliers be liable for personal injury or any damages whatsoever, including but not limited to, incidental, special, consequential, exemplary, or indirect damages, and including but not limited to, the cost of cover, loss of data, loss of profits, business interruption, loss of business information, or other pecuniary loss arising from the use of (or inability to use) the product, no matter how caused and on any theory of liability. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you, but they shall apply to the maximum extent permitted by law. In no event shall Indonesia Systems’ total liability to you for all damages in any one or more causes of action exceed the lesser of the amount paid by you for your Indonesia Systems product and US$500. The limitations outlined here will apply even if Indonesia Systems, its suppliers, or dealers have been advised of the possibility of such damage or of any type of use intended by you. These limitations shall apply notwithstanding the failure of essential purpose of any limited remedy. You acknowledge that these limitations reflect a reasonable allocation of risk.

INDONESIA SYSTEMS PRIVACY POLICY

The Indonesia Systems Privacy Policy, which can be found here, outlines the type of information that may be collected from you by Indonesia Systems and how such information may be used by Indonesia Systems.

SPOTIFY LICENSING

This product incorporates Spotify software, which is subject to third-party licenses found here:
https://developer.spotify.com/esdk-third-party-licenses.

CONTROLLING LAW AND SEVERABILITY

This License will be governed by and construed in accordance with the laws of the Republic of Indonesia. This license shall not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision or portion thereof to be unenforceable, the remainder of the license shall remain in full force and effect.

EMAIL USAGE

I understand that if I sign up to receive this firmware update by email, my name and email address may be provided to a third-party business partner of the Company. I understand further that provision of my name and email is solely for the purpose of protecting the intellectual property of such third party, and that such third party will not further transfer my name and/or email or contact me for commercial purposes.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN YOU AND INDONESIA SYSTEMS CONCERNING YOUR INDONESIA SYSTEMS SOFTWARE AND ACCOMPANYING DOCUMENTATION AND THAT IT SUPERSEDES ANY DEMONSTRATION, ADVERTISEMENT, PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN BETWEEN YOU AND ANY OTHER PARTY RELATING TO YOUR INDONESIA SYSTEMS SOFTWARE AND ONLINE DOCUMENTATION.