We use cookies to ensure that we give users the best experience on our site. By using this website, you agree to our use of cookies.

I agree
x

audials play

Listen to over 100,000 radio stations for FREE - in the Play Store

EULA

Audials Software End User License Agreement

Date of Last Modification: January 30, 2024

IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (“LICENSEE”) AND THE LICENSOR AUDIALS AG (“AUDIALS”). USE OF THE SOFTWARE, CONTENTS, AND SERVICES PROVIDED UNDER THE TERMS OF THIS EULA (THE “SOFTWARE” OR “THE PRODUCT”) CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. PLEASE READ THE TERMS CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL AND/OR USE THIS SOFTWARE. BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO ABIDE BY THE TERMS OF THIS EULA.

1. Subject of the Contract

Audials grants you the non-exclusive and non-sublicensable right to use the relevant Audials product on a computer for the duration of the contract under the conditions stated in this agreement. The intellectual property and other protective rights of the software remain with Audials. You acknowledge Audials’ intellectual property in software and content, backup copies, and documentation. The responsibility for the contractual use of the Audials product lies with the buyer of the software.
The software may only be used for private purposes.

2. License Acquisition

You may be granted the free use of a trial copy of the software for a limited period (“Free License”). Certain functions of the software may be locked or not available in the free license. To use all functions of the software, you must purchase a valid license activation key.
When acquiring a license, which may be necessary for full use of the functionality, you will receive an individual license activation key that you must enter during installation. Additionally, a one-time registration and online activation are required.
Regarding upgrade licenses, the following applies: Only owners of a base product are entitled to obtain the respective upgrade. The use of upgrades depends on you being the owner and user of the base product. Therefore, isolated transfer of an upgrade to third parties is not permitted.
If a function requires a free or paid activation (e.g., codec activation), this activation can be done over the Internet.
Unless expressly otherwise provided at the time of license acquisition, license fees are non-refundable.
The software is the property of Audials and is protected by copyright. Your license does not confer any title or ownership of the software and should not be interpreted as a sale of rights to the software. Audials reserves all rights not expressly granted in this EULA.

3. Data Protection and User Account

To use the product, it may be necessary to register a user account with Audials AG.
To use the product, it may be necessary to register a user account with Audials AG. If required for the product, you must complete a product registration using your email address and, for certain functionality, your license activation key in the automatically following program dialogs after installation, and in doing so, create a user account.
If you already have a user account with Audials, you can use it for this purpose.
In the case of unauthorized use of your account, you are obliged to notify Audials immediately.
You may not use another person’s user account.
Audials may collect certain data and information from you in connection with your use of the software and otherwise in connection with this EULA. You expressly agree that Audials may automatically transfer data necessary for functionality to Audials servers.
Further information on data protection can be found in our privacy policy.

4. Prohibition of Copying and Modification

You may not copy the Audials product or the written documentation, either in whole or in part. An exception is made for creating a copy for backup purposes.
You may not rent out the product or the written documentation for commercial purposes, nor may you make it available to third parties for commercial purposes in any other form. This also applies to renting it in pre-installed form on a computer that is made available to third parties for a fee.

You may not make or have made any modifications to the software. Similarly, you may not break down the software into its components, convert it into object code, decrypt, emulate, or use it in any other way than as provided in the contract.

5. Transfer

You may not rent, lease, sub-license, or partially license the product, either temporarily or permanently. However, you may transfer the license to use the Audials product as a whole to a third party, provided that you completely uninstall all installations from your computer and retain no backup copies.

6. Liability and Warranty

You are aware that according to the current state of technology, errors in software programs and the accompanying documentation cannot be excluded and that it is not possible to develop data processing programs in such a way that they are error-free for all conditions of use and all customer requirements or work flawlessly with all programs and hardware of third parties. Audials does not make any assurances about specific features or about the usability for the individual applications planned by the customer.
In the case of paid products and services, Audials is liable for damages caused by itself or its simple agents due to slight negligence – also extra-contractually – only if a duty is violated, the observance of which is of particular importance for the achievement of the purpose of the contract (cardinal obligation) and in cases of injury to life, body, or health.
In the event of a violation of a cardinal obligation, liability is limited to such damages that typically must be expected within the framework of the present agreement, unless there is intent or gross negligence or liability is mandatory due to injury to life, body, or health.
Audials is not liable for damages controllable by the customer or damages that the customer could have prevented with reasonable measures. In the event of data loss, Audials is only liable for the cost of reconstruction required if backup copies had been made.
Notwithstanding the foregoing provisions, Audials’ liability in any case is limited to four times the license fee or the purchase price per case of damage. This exclusion does not apply to damages caused by the intent or gross negligence of Audials.
For free products and services, the warranty for material and legal defects is limited, in view of the free transfer, to the case of fraudulent concealment of defects by Audials. The otherwise liability of Audials is limited, in view of the free transfer, to cases of intent and gross negligence.
The liability according to the Product Liability Act remains unaffected.
As far as Audials products contain functions that run via an online server, Audials reserves the right to discontinue the offer at any time. Availability is not guaranteed.
You expressly agree to comply with all copyright regulations when using the product. Audials is in no case liable for copyright infringements committed through the use of the product.
Audials offers no guarantee for the content of third parties if the software contains such. There is no express or implied warranty in relation to third-party content.
The software automatically refers to web services in connection with websites and information located worldwide on the Internet, offers and displays these, and provides links. Since Audials has no control over these websites and information, Audials does not guarantee such websites and information with regard to, among other things: (a) accuracy, availability, order, completeness, currency, content, validity, or quality of these websites and information, or (b) the possible occurrence of unintended or offensive content. By using the software, you acknowledge that Audials makes no representations or warranties with respect to websites or information that are displayed by the software or accessed through the software.
Audials is not liable for the non-fulfillment or delay in fulfilling its obligations due to circumstances beyond the reasonable control of Audials, including, but not limited to, strike, blockade, government action, war, act of terrorism, riot, natural disaster, or failure or reduction of power supply or telecommunication or data networks or services.

7. Indemnification

You will indemnify, defend, and hold harmless Audials, its affiliates, directors, officers, and employees at your expense against all claims, demands, actions, or proceedings (each a “Claim”) brought by a third party against Audials (as well as directors, officers, employees, and affiliates of Audials) to the extent that such Claim arises from (a) the use of content or data that you provided to Audials; (b) your non-compliance with or breach of this Agreement; (c) your use of the software; or (d) a violation by you of applicable law or the rights of third parties, including, but not limited to, privacy, intellectual property, or other property rights. This indemnification obligation shall survive the termination of this Agreement.

8. Duty of Care

You are obligated to comply with all relevant legal regulations in the use of the software, particularly copyright law.

9. License Conditions of Other Manufacturers

If the product contains software or content from another manufacturer or links to third-party providers, the license conditions of the respective third-party provider must also be observed. If the product contains software or content that is under an Open Source license, then the respective Open Source license conditions apply to these components, for example, for editing and distributing these components. You can view the respective license conditions in the list provided below.

10. Support

Audials offers registered users electronic internet support during the warranty period. This includes clarifying installation questions or solving installation problems via the internet or email. The provision of technical support is at the sole discretion of Audials and is not associated with any guarantee or warranty.

11. Miscellaneous

This Agreement constitutes the entire agreement of the parties regarding the subject matter of the contract. There are no side agreements. No oral statement made by Audials or an Audials employee can modify or question the effectiveness of these license conditions.
Should one or more of the provisions of this Agreement be or become invalid, the effectiveness of the remainder of the Agreement shall not be affected. In place of the invalid provision, a substitute regulation shall apply that comes as close as possible to the intended purpose.
The law of the Federal Republic of Germany shall apply.

Appendix: Notes on Open Source Software

Ffmpeg (LGPL)

Audials Software may contain ‘ffmpeg’, an open-source component that is licensed under the Lesser General Public License (LGPL). This component is used in accordance with the terms and conditions of the LGPL.
License Details: The full license terms of the LGPL can be found at https://www.gnu.org/licenses/lgpl-3.0.en.html
Source Code: The source code of ‘ffmpeg’ can be obtained from https://ffmpeg.org/
Modifications: Users have the right to modify and reverse engineer ‘ffmpeg’ in accordance with the terms of the LGPL license.
Disclaimer: ‘ffmpeg’ is provided ‘AS IS’ without any warranties by Audials.

Libfvad (BSD 3-clause)

Audials Software may contain ‘Lbifvad’, an open-source component that is licensed under the BSD 3-clause license. This component is used in accordance with the terms and conditions of the BSD 3-clause license.
License Details: The full license terms of the BSD 3-Clause can be found at https://opensource.org/license/bsd-3-clause/
Disclaimer: ‘Lbifvad’ is provided ‘AS IS’ without any warranties by Audials.”

Pocketfft (BSD 3-clause)

Audials Software may contain ‘Pocketfft’, an open-source component that is licensed under the BSD 3-clause license. This component is used in accordance with the terms and conditions of the BSD 3-clause license.
License Details: The full license terms of the BSD 3-Clause can be found at https://opensource.org/license/bsd-3-clause/
Disclaimer: ‘Pocketfft’ is provided ‘AS IS’ without any warranties by Audials.

RealESRGAN (BSD 3-clause)

Audials Software may contain ‘RealESRGAN’, an open-source component that is licensed under the BSD 3-clause license. This component is used in accordance with the terms and conditions of the BSD 3-clause license.
License Details: The full license terms of the BSD 3-Clause can be found at https://opensource.org/license/bsd-3-clause/
Disclaimer: ‘RealESRGAN’ is provided ‘AS IS’ without any warranties by Audials.

Tracy Profiler (BSD 3-clause)

Audials Software may contain ‘Tracy Profiler’, an open-source component that is licensed under the BSD 3-clause license. This component is used in accordance with the terms and conditions of the BSD 3-clause license.
License Details: The full license terms of the BSD 3-Clause can be found at https://opensource.org/license/bsd-3-clause/
Disclaimer: ‘Tracy Profiler’ is provided ‘AS IS’ without any warranties by Audials.

DITN (Apache 2.0)

Audials Software may contain ‘DITN’, an open-source component that is licensed under Apache 2.0. This component is used in accordance with the terms and conditions of Apache 2.0.
License Details: The full license terms of Apache 2.0 can be found at https://www.apache.org/licenses/LICENSE-2.0
Disclaimer: ‘DITN’ is provided ‘AS IS’ without any warranties by Audials.

ETDS (Apache 2.0)

Audials Software may contain ‘ETDS’, an open-source component that is licensed under Apache 2.0. This component is used in accordance with the terms and conditions of Apache 2.0.
License Details: The full license terms of Apache 2.0 can be found at https://www.apache.org/licenses/LICENSE-2.0
Disclaimer: ‘ETDS’ is provided ‘AS IS’ without any warranties by Audials.

OpenCVSharp (Apache 2.0)

Audials Software may contain ‘OpenCVSharp’, an open-source component that is licensed under Apache 2.0. This component is used in accordance with the terms and conditions of Apache 2.0.
License Details: The full license terms of Apache 2.0 can be found at https://www.apache.org/licenses/LICENSE-2.0
Disclaimer: ‘OpenCVSharp’ is provided ‘AS IS’ without any warranties by Audials.

Cxxopts (MIT)

Audials Software may contain ‘Cxxopts’, an open-source component that is licensed under the MIT License. This component is used in accordance with the terms and conditions of the MIT License.
License Details: The full license terms of the MIT License can be found at https://mit-license.org/
Disclaimer: ‘Cxxopts’ is provided ‘AS IS’ without any warranties by Audials.

Fmt (MIT)

Audials Software may contain ‘Fmt’, an open-source component that is licensed under the MIT License. This component is used in accordance with the terms and conditions of the MIT License.
License Details: The full license terms of the MIT License can be found at https://mit-license.org/
Disclaimer: ‘Fmt’ is provided ‘AS IS’ without any warranties by Audials.

HDRTVNet (MIT)

Audials Software may contain ‘HDRTVNet’, an open-source component that is licensed under the MIT License. This component is used in accordance with the terms and conditions of the MIT License.
License Details: The full license terms of the MIT License can be found at https://mit-license.org/
Disclaimer: ‘HDRTVNet’ is provided ‘AS IS’ without any warranties by Audials.

IFRNet (MIT)

Audials Software may contain ‘IFRNet’, an open-source component that is licensed under the MIT License. This component is used in accordance with the terms and conditions of the MIT License.
License Details: The full license terms of the MIT License can be found at https://mit-license.org/
Disclaimer: ‘IFRNet’ is provided ‘AS IS’ without any warranties by Audials.

NumCpp (MIT)

Audials Software may contain ‘NumCpp’, an open-source component that is licensed under the MIT License. This component is used in accordance with the terms and conditions of the MIT License.
License Details: The full license terms of the MIT License can be found at https://mit-license.org/
Disclaimer: ‘NumCpp’ is provided ‘AS IS’ without any warranties by Audials.

Practical-RIFE (MIT)

Audials Software may contain ‘Practical-RIFE’, an open-source component that is licensed under the MIT License. This component is used in accordance with the terms and conditions of the MIT License.
License Details: The full license terms of the MIT License can be found at https://mit-license.org/
Disclaimer: ‘Practical-RIFE’ is provided ‘AS IS’ without any warranties by Audials.

Simd (MIT)

Audials Software may contain ‘Simd’, an open-source component that is licensed under the MIT License. This component is used in accordance with the terms and conditions of the MIT License.
License Details: The full license terms of the MIT License can be found at https://mit-license.org/
Disclaimer: ‘Simd’ is provided ‘AS IS’ without any warranties by Audials.

SharedMemory (SharedMemory License)

Audials Software may contain ‘SharedMemory’, an open-source component that is licensed under the SharedMemory License. This component is used in accordance with the terms and conditions of the Boost Software License.
License Details: The full license terms of the SharedMemory License can be found at https://github.com/justinstenning/SharedMemory/blob/master/LICENSE.md
Disclaimer: ‘SharedMemory’ is provided ‘AS IS’ without any warranties by Audials.

Boost (Boost Software License)

Audials Software may contain ‘Boost’, an open-source component that is licensed under the Boost Software License. This component is used in accordance with the terms and conditions of the Boost Software License.
License Details: The full license terms of the Boost Software License can be found at https://www.boost.org/users/license.html
Disclaimer: ‘Boost’ is provided ‘AS IS’ without any warranties by Audials.

Crypto++ (Boost Software License)

Audials Software may contain ‘Crypto++’, an open-source component that is licensed under the Boost Software License. This component is used in accordance with the terms and conditions of the Boost Software License.
License Details: The full license terms of the Boost Software License can be found at https://www.boost.org/users/license.html
Disclaimer: ‘Crypto++’ is provided ‘AS IS’ without any warranties by Audials.

Dlib (Boost Software License)

Audials Software may contain ‘Dlib’, an open-source component that is licensed under the Boost Software License. This component is used in accordance with the terms and conditions of the Boost Software License.
License Details: The full license terms of the Boost Software License can be found at https://www.boost.org/users/license.html
Disclaimer: ‘Dlib’ is provided ‘AS IS’ without any warranties by Audials.

Mplayer

Audials Software may contain ‘Mplayer’, an open-source software under the General Public License (GPL). This component can be supplied while remaining independent of our proprietary code.
License Details: The full license terms of the GPL can be found at https://www.gnu.org/licenses/gpl-3.0.en.html
Source Code: The source code of ‘MPlayer’ can be obtained from http://www.mplayerhq.hu/
Integration Method: ‘MPlayer’ is called with an ‘arm’s length’ approach, without having been altered, to ensure compliance with the GPL conditions without affecting the proprietary nature of our software.
Disclaimer: ‘MPlayer’ is provided ‘AS IS’ without any warranties by Audials.