ROLLING STONE COVER TO COVER – THE FIRST FORTY YEARS
END USER LICENSE AGREEMENT

BY INSTALLING THE SOFTWARE CONTAINED ON THIS CD OR DVD, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS END USER LICENSE AGREEMENT (“AGREEMENT”). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL THE SOFTWARE. YOU MAY PROMPTLY RETURN THIS PRODUCT TO THE RETAILER YOU BOUGHT IT FROM AND THE RETURN POLICY OF THE RETAILER WILL APPLY.

This Agreement is made between you, the end user, and Bondi Digital Publishing LLC, a New York LLC (“Bondi”). This agreement shall inure to the benefit of, and be fully enforceable by, Rolling Stone LLC and its parent and affiliated companies.

1. Grant of License. Bondi grants to you a non-exclusive, non-transferable license with respect to the software accompanying this Agreement and any upgrades or updates to such software licensed to you by Bondi (the “Software”) and the content contained therein (the “Content”) to install and use one copy of the Software and one copy of the Content on a single standalone computer for your personal use only. The Software and/or Content is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into permanent memory (e.g., hard disk, CD-ROM drive or other storage device) of that computer.

2. Prohibitions. You may not use the Software and/or Content on or over a network or any other transfer device without each concurrent user having an original copy of such Software and/or Content. You may not copy, transfer, sell, loan, or lease the Software and/or Content, except: (a) to make a single copy solely for backup or archival purposes; (b) to transfer the Software and/or Content to a single hard disk provided you keep the original solely for backup or archive purposes, or (c) to transfer all of your rights under this Agreement on a permanent basis provided you transfer the license granted by this Agreement, the Software, Content, and all associated printed materials, and retain no copies, and the recipient agrees to the terms of this Agreement. You may not distribute printed copies of any user documentation provided in electronic format. You agree not to modify, translate, disassemble, decompile, reverse engineer, create derivative works of, convert to a different format such as PDF, or make any other attempt by any means to discover or obtain the source code for the Software and/or Content. You may not use the Software and/or Content in any other manner or for any use prohibited by law. 

3. Intellectual Property Protection. The Software, including its operation, code, architecture and implementation, and all of the Content, including the look and feel of the Software and Content, are the valuable intellectual property of Bondi or one or more of its suppliers, licensors, and/or independent contractors (“Bondi Parties”). The Software and Content are protected by United States patent, trademark and copyright laws and international treaty provisions. This Agreement does not license, grant, or transfer to you any ownership interest, rights, or licenses in or to the Software or Content, except as explicitly set forth in Section 1 above. Title and all related rights in the Software and Content remain with the applicable Bondi Parties. ROLLING STONE is a registered trademark of Rolling Stone LLC. 

4. NO WARRANTIES. THE SOFTWARE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND CONTENT IS BORNE BY YOU. SHOULD THE SOFTWARE AND/OR CONTENT PROVE DEFECTIVE IN ANY RESPECT, YOU, AND NOT BONDI OR ITS RESELLERS, DISTRIBUTORS, OR BONDI PARTIES, ASSUME THE ENTIRE COST OF ANY SERVICE AND/OR REPAIR AS WELL AS ANY DAMAGES, INCLUDING LOSS OF DATA, WHICH OCCUR AS A RESULT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. NO BONDI PARTIES, AGENT, DISTRIBUTOR, RESELLER OR ANY OF THEIR EMPLOYEES IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.

5. No Support. Bondi, its resellers, distributors, and Bondi Parties shall have no obligation under this Agreement to provide support or other services relating to the Software and/or Content.

6. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL BONDI, ITS AGENTS, RESELLERS, DISTRIBUTORS, OR BONDI PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF BONDI SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ANY OF THESE PARTIES TOTAL LIABILITY, WHETHER IN TORT, CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE AND/OR CONTENT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE AND/OR CONTENT (IF ANY), OR US $100, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

7. Termination. Without limiting any rights of Bondi, your license to use the Software and/or Content is terminated automatically if you violate this Agreement. Upon termination, you must destroy all copies of the Software, Content, and related documentation.

8. U.S. Government End Users. The Software and any accompanying documentation are “commercial items” as that term is defined in 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation”, as such terms are used in 48 C.F.R. 12.212, or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, all U.S. Government end users acquire the Software only as “commercial items” and with only those rights as are granted to other end users pursuant to the terms and conditions herein.

9. General Provisions. This Agreement is the exclusive agreement between you and Bondi concerning the Software and Content, and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations or other dealings between you and Bondi. This Agreement will be governed by the laws of the State of New York applicable to contracts executed and performed entirely in New York by residents of that state, and both parties expressly consent to the exclusive personal jurisdiction of the State and Federal courts located in New York. You agree that the Software and/or Content will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. If any part of this Agreement is found to be void, unenforceable or invalid, it shall not affect the other provisions of this Agreement. This Agreement can only be modified by a writing signed by Bondi. Failure by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.

For questions regarding the Software, Content or this Agreement, contact Bondi Digital Publishing, www.bondidigital.com