NAPSTER, INC.  END-USER  WEB SITE AND SOFTWARE TERMS AND 
CONDITIONS OF USE


YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS
BEFORE USING THIS WEB SITE, OR THE SOFTWARE WHICH CAN BE 
DOWNLOADED FROM THIS WEB SITE, ALONG WITH ANY ACCOMPANYING 
DOCUMENTATION (THE SOFTWARE AND ITS DOCUMENTATION MAY BE 
REFERRED TO HEREIN AS THE "SOFTWARE").

YOUR USE OF THE SOFTWARE MEANS THAT YOU ACCEPT THESE TERMS AND 
CONDITIONS.  IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS 
YOU  SHOULD NOT USE THE SOFTWARE.  BY INSTALLING, DOWNLOADING, 
COPYING, OR OTHERWISE USING THE SOFTWARE, YOU ACKNOWLEDGE THAT 
YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND 
AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS 
AND CONDITIONS, YOU SHOULD NOT USE THE SOFTWARE.

1. SINGLE COPY SOFTWARE LICENSE. The Napster, Inc. information 
and SOFTWARE at this web site is copyrighted and protected by law and 
international treaty.  You may download the SOFTWARE through a web 
browser onto a single computer for your personal, non-commercial 
internal use only, unless specifically licensed to do otherwise by 
Napster, Inc.  This is a license, not a transfer of title, and you 
may not nor permit anyone else to (a) modify the SOFTWARE or use it 
for any commercial purpose or public display, performance, sale or 
rental; (b) decompile, reverse engineer, or disassemble, modify, or 
create derivative works based on the SOFTWARE or the documentation in 
whole or in part; (c) remove any copyright or other Napster, Inc. 
proprietary notices; (d) transfer the SOFTWARE to another person.  
You agree to prevent any copying of the SOFTWARE that you download 
for your use from this web site.

2. OWNERSHIP.   The SOFTWARE and all Napster, Inc. information 
on this web site is copyrighted proprietary material of Napster, Inc. 
and may not be copied, reproduced, modified, published, uploaded, 
posted, transmitted, or distributed in any way, without Napster, 
Inc.'s prior written permission.  Except as expressly provided herein,
Napster, Inc. and its suppliers do not grant any express or implied 
right to you under any patents, copyrights, trademarks, or trade 
secret information of Napster, Inc. or its suppliers.

3. TERMINATION OF THIS LICENSE. Napster, Inc. may terminate 
this license at any time if you are in breach of the terms of these 
terms and conditions of use.  Upon such termination you must and agree
to immediately destroy all copies of the SOFTWARE and all of its 
accompanying documentation.

4. DISCLAIMER. INFORMATION ON THIS WEB SITE AND THE SOFTWARE 
IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR 
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF 
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-
INFRINGEMENT.  SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN 
THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS
MAY NOT APPLY IN FULL.  Information on this web site and the SOFTWARE 
may contain technical inaccuracies or typographical errors, so changes
and/or updates may be affected without notice.  Napster, Inc. may also
make improvements and/or other changes to this web site and/or the 
SOFTWARE at any time without notice.

5. USER SUBMISSIONS TO NAPSTER, INC. Napster, Inc. does not
want to receive confidential or proprietary information from you 
through this web site.  Please note that any information or material 
sent to Napster, Inc. over this site will not be deemed to be 
confidential.  By sending Napster, Inc. any information or material, 
you grant Napster, Inc. an unrestricted, irrevocable license to use,
reproduce, display, perform, modify, transmit and distribute such 
material or information and you also agree that Napster, Inc. shall 
for any purpose be free to use any concepts, ideas, know-how, or 
techniques that you send to us.  Napster, Inc. will not disclose your 
name or otherwise publicize your submitted materials without your 
permission, whether express or implied.

6. LIMITATION OF DAMAGES. IN NO EVENT SHALL NAPSTER, INC. BE 
LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL OR OTHER 
CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING DIRECTLY OR INDIRECTLY 
FROM THE USE OF THIS WEB SITE AND/OR THE SOFTWARE, INCLUDING, WITHOUT 
LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS 
OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN 
IF WE ARE ESPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. GOVERNMENT END USERS. If you are the United States 
Government or are acquiring the SOFTWARE on behalf of the United 
States Government, then the United States Government agrees that:  
(a) if the SOFTWARE is acquired by or supplied to the Department of 
Defense ("DOD"), the SOFTWARE is classified as "Commercial Computer 
Software" and the government is acquiring only "restricted rights" 
in the SOFTWARE and its documentation, as defined in Clause 252.227-
7013(c)(1) of the DFARS; (b) for any part of the United States 
Government other than DOD, then the government's rights in the 
SOFTWARE and its documentation will be as defined in Clause 52.227-
19(c)(2) of the FAR or, for NASA, in Clause 18-52.227-86(d) of the 
NASA Supplement to the FAR.

8. GOVERNING LAW. This web site is controlled by Napster, Inc. 
from its facilities in the United States of America.  Napster, Inc. 
makes no representations that the information in or from this web site
is appropriate or available for use in other locations.  Those who 
access this web site from other jurisdictions do so at their own 
volition and are responsible for compliance with local law.  You 
may not use or export this Napster, Inc web site information or the 
SOFTWARE in violation of US export laws and regulation. Any and all 
claims relating to this web site and/or the SOFTWARE shall be governed
by the internal substantive laws of the State of California without 
regard to its conflict of law principles.

9. AMENDMENTS. Napster, Inc. may amend these terms and 
conditions at any time by updating this posting; accordingly, we urge 
you to visit this web site periodically to review the then current and
effective terms and conditions, which shall be binding upon you.  You 
may not revise or amend these terms and conditions without the prior 
written authorization of an officer of Napster, Inc.  Certain 
provisions of these terms and conditions may be superseded by 
expressly designated legal notices or terms located within this web 
site.

10. NO WAIVER. No delay or failure to take action under these
terms and conditions will constitute a waiver by Napster, Inc. unless 
expressly waived in writing by a duly authorized officer of Napster, 
Inc.

11. MP3 FILES. Napster, Inc. makes no representations or 
warranties regarding MP3 files owned by Napster, Inc. users.  Many MP3
files have been authorized for distribution over the Internet by their
respective copyright owners.  You should be aware that MP3 files may 
have been created or distributed without copyright owner authorization
and Napster, Inc. refers you to the terms and conditions above.  
Copying or distributing unauthorized MP3 files may violate US and 
foreign law and compliance with such law is entirely your 
responsibility.

