TOGL LIVE Radio Player 1.2.0.1

EULA - End User License Agreement

TOGL LIVE Radio End User License Agreement

Your Agreement to this License
This License applies to the executable code for all language versions of the TOGL LIVE Radio software and any accompanying distributable files, data and materials ("TOGL LIVE Radio"). You should carefully read the following terms and conditions before using, installing, or copying this software. By using, installing, or copying TOGL LIVE Radio without registering your copy of TOGL LIVE Radio you agree to all of the terms of this evaluation license agreement ("License"). Refer to for information about pricing, licensing, and registration options.
This is a compacted End User License Agreement, please refer to for the full version of the license.

Please read the license terms below. If you do not agree to all of the terms and conditions of this License, then do not use, install, or copy TOGL LIVE Radio.

BY DOWNLOADING TOGL LIVE® SOFTWARE OR USING ANY OTHER SERVICES PROVIDED BY THE OWNERS OR OPERATORS OF THE SOFTWARE, YOU WILL BE EXPRESSLY SIGNIFYING THAT YOU AGREE TO ALL THE FOLLOWING TERMS, CONDITIONS AND OTHER PROVISIONS, SET FORTH IN THIS AGREEMENT.

Parties To This Agreement And Consideration.
The parties to this Agreement (“Agreement”) are you (“You”, sometimes referred to as a “User” of the Software), and Helasoft® , the owner of TOGL LIVE® (the “Company”). As used in this Agreement, the terms “we” and “us” are used interchangeably to refer to the Company and the operators of the Software (sometimes referred to as TOGL LIVE®). By further accessing the Software or materials available at or in association with the Software, and for other good and valuable consideration, the sufficiency of which is acknowledged by You and the Company, You hereby agree to be bound by all the terms and conditions set forth in this Agreement.

Scope of License
This is not free software. Subject to the terms below, you are hereby licensed by Helasoft ("Helasoft") to use for evaluation purposes only one (1) copy of TOGL LIVE Radio, on one (1) computer or workstation, without charge, for a period of 14 days after you first install TOGL LIVE Radio on any computer or workstation. If you want to use this software after the 14-day evaluation period, you must acquire from Helasoft for a fee a single-user license for TOGL LIVE Radio. Refer to for information about pricing and ordering options. Use of TOGL LIVE Radio after the expiration of the 14-day evaluation period without acquiring such a license from Helasoft is outside the scope of this License and a violation of U.S. and international copyright laws.

Unless you have prior written authorization from Helasoft, you are not authorized to distribute TOGL LIVE Radio to others. Please refer anyone interested in receiving a copy of TOGL LIVE Radio to the Helasoft web site ( ) for the most recent available version.

All rights of any kind in TOGL LIVE Radio which are not expressly granted in this License are entirely and exclusively reserved to and by Helasoft. You may use TOGL LIVE Radio solely as expressly provided in this License. TOGL LIVE Radio is protected by the United States copyright laws and other applicable national and international laws and treaties. You may not rent, lease, loan, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on TOGL LIVE Radio, in whole or in part, nor permit anyone else to do so. You may not make access to TOGL LIVE Radio available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so. The license granted hereunder includes no rights in or to the source code version of TOGL LIVE Radio.

Warranty Disclaimers and Liability Limitations
TOGL LIVE Radio, and any and all accompanying software, files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Neither Helasoft nor any of its affiliates, content providers or licensors warrant, guarantee, or make any representations regarding the use of, or the results of the use of, TOGL LIVE Radio. Neither Helasoft nor any of its affiliates or licensors warrants that the operation of TOGL LIVE Radio will be uninterrupted or error-free.

Except to the extent expressly prohibited by applicable statutes, Helasoft its affiliates, content providers or licensors shall not be liable for any damage or financial loss arising out of the use of, or inability to use, TOGL LIVE Radio. Any liability of Helasoft its affiliates or licensors will be limited exclusively to refund of any license or registration fee paid to Helasoft. Except to the extent expressly prohibited by applicable statutes, in no event shall Helasoft, or its principals,shareholders, officers, employees, affiliates, licensors, contractors, subsidiaries, or parent organizations, be liable for any direct, indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of TOGL LIVE Radio, or to your relationship with Helasoft, its affiliates or licensors (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution,indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages.

You acknowledge and understand that we do not screen, endorse, monitor, control, investigate, supervise or verify any advertisements or communications submitted to the Software by Software Content Providers, affiliates or other third-party licensees, advertisers or users of the Software for electronic dissemination through the Software. You are therefore cautioned and advised to use Your own judgment to evaluate all advertisements and other communications available at or through the use of the Software prior to purchasing goods and/or services described at the Software or otherwise responding to any communication via the Software.

Materials that You might access via hyperlinks at the Software will connect You to third-parties, or to third-party Websites that may provide content to the Website via hyperlinks. We have no editorial control or supervision over selection or display of such content provided by those third parties or those third-party Websites and those parties are solely responsible and liable for all such content.

No Representation, Guarantee Or Warranty That Software Content Associated Therewith Is Free Of Harmful Or Malicious Code.
You understand that neither Helasoft, Software affiliates nor any Software Content Providers represent, guarantee or warrant that either the Software or any Content or any other files You may access at, in or through, or download from the Software any Website linked to Website or any affiliated website will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties (“Harmful Code”). You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, protection of Your computer(s) and for maintaining a means of reconstructing data that You might lose because of Harmful Code. Neither Helasoft, Software affiliates nor any other Software Content Providers assume any responsibility or risk associated with the possibility of damage to Your computer(s) or any other devices through Your use of the Software or any Content or other materials You may obtain in association therewith.

You hereby agree that the use of the all materials, features, functions and all other goods and services provided to You by Helasoft, and the use of any and all Content provided by Software Content Providers and affiliates are provided to You on an “as is” basis, without warranties of any kind, including, without limitation, warranties regarding the availability, accuracy, or content of materials, information, product or services, or warranties of merchantability, fitness for a particular purpose, title or non-infringement, and Company and Software Content Providers and affiliates expressly disclaim all such warranties. Neither the Company, Software affiliates nor any Software Content Providers warrant that the functions of the Software or Content provided by any of the aforementioned parties nor does the Company warrant that any other materials available in, at, through or in association with, the Software will be uninterrupted or error-free, or that any discovered defects will be corrected. Under no circumstances and under no cause of action or legal theory, shall Company, Software affiliates, Software Content Providers or any of the Company's suppliers, licensees, resellers, affiliates or their suppliers, licensees or resellers 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 goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any viruses, worms, Trojan Horses or other destructive software or materials, or communications by You or other users of the Software, or from any use of Content or any use of the Software whatsoever. This disclaimer of warranty constitutes an essential part of this Agreement. Some states do not allow exclusions of an implied warranty, so if for any reasons the choice of law provisions of this Agreement are deemed not to apply to this Paragraph, this disclaimer may not apply to You and You may have other legal rights that vary from state to state or by jurisdiction.

Notwithstanding the limitations of liability above, You also agree that as a material condition to Your obtaining the license to use the Software set forth herein, and to access Content made available to You by Software Content Providers and/or affiliates, You agree that any and all liability that might be attributable to the Company, Software Content Providers or Software affiliates, or to any of their directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns that directly or indirectly results from Your use of the Software and/or Software Content Providers' or affiliates' Content, including, without limitation, any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, negligence or under any other cause or action, shall be strictly limited to the lesser amount of (1) the license fee paid by You for access to the Software or for the Content You accessed at the Software. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages. Regardless of whethersuch limitation or other limitation of the scope of this limitation of liability or other limitation of liability set forth in this Agreement should apply to You, You acknowledge and agree that it is the express intent of the parties hereto that the limitations of liability set forth in this paragraph and elsewhere in this Agreement shall be construed to be as broad as is permissible under applicable law.
In addition, in no event does Helasoft authorize you or anyone else to use TOGL LIVE Radio in applications or systems where TOGL LIVE Radio's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or in loss of life. Any such use is entirely at your own risk, and you agree to hold Helasoft its affiliates or licensors harmless from any and all claims or losses relating to such unauthorized use.

Termination
Immediately upon expiration of the 14-day evaluation period for the license granted hereunder, you shall immediately discontinue any and all use of TOGL LIVE Radio and you shall within ten (10) days delete from your computer all electronic copies of TOGL LIVE Radio, including all or any part thereof. All provisions of this License that by their nature are intended to survive the expiration of the license granted hereunder shall survive and remain in full force and effect.

Indemnification
At your own expense, you shall indemnify, defend, and hold harmless Helasoft, its content providers and licensors, and their directors, officers, trustees, shareholders, employees, agents, successors and assigns from and against any and all claims, expenses, losses, damages, costs, liabilities and judgments, including without limitation reasonable attorneys' fees and expenses, arising out of or relating to any claim resulting from or related to: (i) any use by you of TOGL LIVE Radio other than as expressly allowed by this License or in a manner inconsistent with any accompanying documentation; (ii) any breach of this License by you; or (iii) any violation of applicable law by you, your directors, officers, trustees, shareholders, employees, subsidiaries, agents, successors and assigns.

General
TOGL LIVE Radio, including, without limitation, the information included in its accompanying distributable files, data and materials and any related activation code and registration code files or information, and the know-how embodied in TOGL LIVE Radio, is confidential and trade secret information (the "Proprietary Information") that is proprietary to and solely owned or licensed by Helasoft, together with all related copyrights and trademarks relating thereto. You agree to maintain the Proprietary Information in strictest confidence for the benefit of Helasoft and its licensors. You shall not sell, license, publish, display, distribute, disclose, or otherwise make available or allow to be made available the Proprietary Information, including, without limitation, any activation codes, registration codes or registration files, to any third party nor use such Proprietary Information except as authorized by this License. The obligations under this paragraph shall survive any termination or cancellation of the License.

This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements, and arrangements.

You may not assign, sublicense, subcontract, or otherwise transfer any of your rights or obligations or delegate any of your duties under this License, in whole or in part, without the prior written consent of Helasoft. Notwithstanding anything to the contrary, any assignment of this License or any rights or obligations hereunder is contingent upon the intended assignee agreeing to be bound by the terms of this License and all responsibilities and obligations of the assignor hereunder.

Any waiver by Helasoft of any violation of this License by you shall not constitute, nor contribute to, a waiver by Helasoft of any other or future violation by you of the same provision, or any other provision, of this License.

You acknowledge and agree that monetary damages alone would not be an adequate remedy in the event of a material breach by you of your obligations or agreements under this License and that, in such event, Helasoft or any of its affiliates shall be entitled to injunctive relief to require you to comply with its obligations hereunder. Any remedy available under this License shall be cumulative and not exclusive of any other remedy available Helasoft or any of its affiliates under this License, at law or in equity.

If any part of this License or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this License, or the applications of such provision to other persons or circumstances, shall not be affected thereby.

Microsoft, Internet Explorer and Windows are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries. Adobe, Flash, Panasonic, Windows Media Player, Real Player, Apple, AXIS & Feedzilla, are either registered trademarks or trademarks in the United States and/or other countries.

There are no third-party beneficiaries of any promises, obligations, or representations made by Helasoft herein.

Any waiver by Helasoft of any violation of this License by you shall not constitute, nor contribute to, a waiver by Helasoft of any other or future violation by you of the same provision, or any other provision, of this License.

If any part of this License or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this License, or the applications of such provision to other persons or circumstances, shall not be affected thereby.

Microsoft, Internet Explorer and Windows are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries. Adobe, Flash, Windows Media Player, Real Player are either registered trademarks or trademarks in the United States and/or other countries.

If you do not agree to any of these terms and conditions for use of TOGL LIVE Radio, please exit this installation. If you do agree to all of these terms and conditions for use of TOGL LIVE Radio, please continue with the installation of the software.