Digital JukeBox
Guide to the tools and features

Software License Agreement Users

Updated by DJB Admin 8/23/2012

  License Agreement Published May 7, 2012 - All Digital JukeBox Software Products by DJB Software Inc.
IIMPORTANT-READ CAREFULLY: This document is a legal License Agreement between the Licensee and DJB Software Inc, dba Digital JukeBox the Licensor.
Software License Agreement
This is an Agreement between DJB Software Inc., “Vendor” and owner of this Digital JukeBox product "Program" and the Licensee (the Customer or Prospective Client) for the purpose of specifying the conditions under which Licensee will acquire and use the Program.
License Information:
Installing this software automatically constitutes the Licensee’s acceptance of this License Agreement.
By installing, copying, or otherwise using and testing this Digital JukeBox product, you agree to be bound by the terms of this Agreement.
If you DO NOT AGREE to the terms of this Software Agreement, DO NOT INSTALL or DO NOT USE this Digital JukeBox PROGRAM product.
"Licensor" shall mean the owner of the software program.
"Licensee" shall mean and include licensee's home or offices, divisions and departments within licensee's dwelling or in an organization at the radio station location, transmitter sites and other buildings used by the Licensee but shall not include wholly or partially owned subsidiaries, affiliates, or independent third parties.
"CPU" shall mean a single computer or central processing unit.
"Program" shall mean items listed in the software / hardware schedule (section IV).
"User's Manual" shall mean a written guide describing the use and operation of the Program, together with any related or supporting documentation.
"Station Locations" shall mean licensee's premises at the site installation of the software “Program” set forth below and any other buildings used by the Licensee.
“License Transfer Fee” shall mean the fee charged by the Licensor, for the written authorization by the Licensor of the Program, thereby transferring the ownership of the purchased Program to another party.
“Quote” shall mean a proposal of costs written by the Lessor to the Lessee in an official document submitted to the Lessor by fax, and/or email, or by email with an attachment of a pdf or Word document for review prior to purchase of the Program and/or hardware and services.
“Annual Support” shall mean a specified term of phone and/or email technical support as offered by the Licensor through its own personnel or through a Licensor authorized support provider, at a specified fee or such services during the term purchased.
“Technical Services” shall mean phone, Internet remote access or email communications with the Lessee by authorized technicians of the Lessor. Technical Services can be provided to the Lessee once Program is purchased for a fee and offered for a specified period, for services such as training, software integration at factory or at site as requested by the Lessee and quoted by the Lessor.
“Pro Features” shall mean enhanced operational features added to the basic Program by the Lessor in the demonstration period. Pro Features then operate for a One Year period and are activated for that period immediately upon Purchase, payment of the Program and registration with the Lessor. Pro Features expire after the One Year period post purchase and Pro Features can be renewed with Annual Support Fee purchase.
“Customer” shall mean the purchaser of the Program software, services and hardware sold by the Vendor
“Vendor” shall mean the seller of the Program software, services and hardware made available to the Customer through product demonstration, a quote submission or transfer of ownership.
“IT Technician” shall mean a competent PC computer, Windows O/S and Windows© network technician which must be a person or persons with reasonable skill levels working with Microsoft™ Windows© Operating Systems, Windows© networking and operations. Also skill levels with software installation, routers, the Internet, PC computers and notebooks to form a functional networked Windows operation system in a broadcast or Internet ONLY based broadcast facility.
Licensor hereby grants to Licensee, and Licensee hereby accepts, subject to the terms and conditions set forth in this Agreement and any attachments hereto, a non-exclusive and nontransferable license to use the Program and user’s manual as set forth in this Agreement. License shall mean:
a) the right to use the licensed copy or copies of the Program in executable form for internal operations on one CPU as needed to perform the tasks needed by the Program as specified below in accordance with the User's Manual;
b) In accepting the license granted by Licensor, Licensee agrees that it shall not transfer or allow the transfer of copies of the Program to any employees, heirs, or assigns without express prior written approval of Licensor and by paying in advance of such a transfer the applicable License Transfer Fee of $250.00 USD;
c) use the Program on any CPU at any location other than the location specified by the Licensee at the time of software registration;
d) install or use copies of the Program on any other CPUs not used by the Licensee without proper Licensor notification, payment and subsequent software registration with the Licensor;
e) copy functionality or reverse engineer the Program, attempt to disassemble, de-compile, reverse translate, or in any manner decode the Software in order to derive any source code form of the Software;
f) create musical or news/talk program daily logs for any other broadcast facilities not directly covered in the software registration by this Agreement or without prior written approval of Licensor;
g) any rights not expressly granted to Licensee are retained by Licensor;
h) to broadcast the signal of the licensed station location on any other station or location not listed in this document without paying the applicable fees;
i) Licensee shall not rent, provide or lease the Program software to another party, unless authorized with specific written permission from the Lessor or if authorized by the Lessee as an authorized reseller agent and/or representative of Digital JukeBox Program software.
Upon receipt of the executed license Agreement and accompanying payment of fees and quote, Licensor shall provide to Licensee the listed software, services and system from an estimate/quote / invoice provided by the Lessor to the Lessee through fax, and/or email, pdf or Word document via email prior to purchase:
Upon purchase of the Program, the Licensee agrees to provide a person or persons with skill levels as identified in an IT Technician to install the software and provide computers and a network that meet system specifications as specified by the Vendor (Licensor).
Any shortcoming in the skills of the IT Person at the Customer site, as determined by the technicians of the Vendor (Licensee), shall be subject to actions by the Licensee to provide competent IT Technician personnel for Program integration and installation.
In consideration for the license granted by Licensor for the use of the Program set forth herein, Licensee agrees to pay license fees in accordance with the license fee schedule set forth below or with an email and/or fax of a Quote proposal.
Ownership of the Program transfers to the Licensee once payment is received in full for the purchase of the Program by the price specified in the Quote as authorized by the Licensor or its agents, and/or as published on the official website of the Licensor.
All license fees payable by Licensee under this Agreement are net of applicable taxes. Licensee is solely responsible for any taxes or assessed fees which are or may become due by reason of this Agreement.
For a printed Agreement costs and details upon request, a Quote document shall be written by the Lessor or by its authorized representatives and shall be attached to a printed copy of this Agreement with specific reference to the Lessee and its request to purchase Programs of the Lessor.
Licensor shall make available to Licensee via the Digital JukeBox website, a download procedure with password access to an ftp account and/or to a published Internet link for access to updates and enhancements to the Programs purchased, within the Program version purchased, for a specified period of time as written in the Quote or as published on the Licensor’s website.
Licensee may accept any update or enhancement at the time it is offered to Licensee by paying any applicable update charge or fee.
Licensor shall have the sole discretion to determine the update fee or charge and shipping and handling.
Use of such updates and enhancements by Licensee shall be subject to the same terms and conditions of this software license site license Agreement.
Any applicable Technical Support Fee's will be listed on Licensor’s official website at for the Program product that Licensee is installing.
PRO Features within the Digital JukeBox Program come on a 15 – 20 Day trial basis when the program is demonstrated and for a One Year period when the Program is purchased, registered and an applicable support plan is purchased.
Licensee is required to pay an Annual Support fee renewal in the 2nd year and so on, to continue to use the Pro Features within the version of the Digital JukeBox Program. Otherwise, basic operational features are included for radio automation purposes within the Program purchased.
If the annually due post-purchase Pro Features fee is not paid, the Pro Features in the Program will stop working. Such features can be re-activated with a password provided to the Lessee by the Lessor once Annual Support is renewed and paid in full.
The “Customer” and/or Lessee shall provide a
Basic Technical Services are provided to the Lessee by the technical personnel or authorized agents of the Lessor immediately after installation, usually within 30 days of purchase of the Program.
Technical Services personnel or authorized agents are made available by phone or email to answer questions about Program features, getting your station ONAIR if your ONAIR system is having a technical issue, or generalities on the overall use of the Program for the Lessee’s intended application.
Technical Support does not include:
a) setting up your programming format
b) building of daily, weekly Log Shells (program templates)
c) audio library format conversion to that of Digital JukeBox
d) recording, importing/ingesting audio cuts for the Lessee’s audio library
e) Wiring your CPU system to your broadcast equipment or the Internet.
All of the above Technical Support items (a through e) are available to the Lessee as Technical Support service for a fee, as indicated by the Lessor on its website or in a generated Quote.
Support issues not covered by this Agreement will appear in the Software Support page of the Digital JukeBox website at
Lifetime Support fees of Digital JukeBox’s DOS based ONAIR system DO NOT apply to the Windows version of the Digital JukeBox software.
Lifetime Support of Digital JukeBox Windows Program was provided to select Licensees that purchased the service, and is applicable ONLY to the Digital JukeBox Program version originally purchased.
Lifetime Support users may upgrade to newer Digital JukeBox Program versions by paying an upgrade fee and agreeing to the terms of Support for the new Program releases.
Other Support and Programs offered in past by former ownership prior to May 1, 2012, shall be reviewed and considered for approval providing a proof of purchase or facsimile of a written agreement is submitted to DJB Software Inc management (Lessor). Conditions of any approval will fall under operational requirements as stated by DJB Software Inc, dba Digital JukeBox post May 1, 2012.
The Customer may be entitled to the benefit from certain limited warranties in integrated systems that are Lessor provided; warranties directly from the manufacturers, owners or distributors of components of an integrated System which Vendor shall take reasonable steps to ensure are transferred to the Customer
Vendor assumes neither liability for nor responsibility under these third party warranties unless such liability or responsibility shall be specifically set forth within the Quote document.
In the event of a material default by either party or such party's agent or representative, of any provision of this Agreement, the other party may terminate this Agreement upon written notice, except that the if licensor is the defaulting party it shall have thirty (30) days from the receipt of notice to assist in solving such a default.
Upon termination of this Agreement, the Licensee shall cease using the Program software immediately and shall return all licensed copies and licensed back-up copies of the Program to licensor by first class insured United States or Canada Post Mail, certified with return receipt requested.
This obligation shall survive the termination of this Agreement. An additional monthly late charge of 1.5% shall continue to accrue for each and every month after any termination of this Agreement and shall survive such termination.
Licensor reserves the right to accelerate any amount of money due from licensee upon the termination of this Agreement and to consider the total amount due under said Agreement due and owing immediately upon such termination in addition to other amounts pursuant to the terms of this Agreement.
Licensee acknowledges that the Program and all user manuals and other supporting documentation constitute valuable property of the licensor and that all title and ownership rights in the Program and related materials remain exclusively with the licensor. Licensor reserves all rights with respect to the Program and user's manuals under all applicable laws for the protection of proprietary information including, but not limited to, trade secrets, copyrights, trademarks, service marks, and patents.
Except as otherwise provided in this Agreement, licensee shall not cause or permit unauthorized copying, reproduction, or disclosure of any portion of the Program, or any instructions, manuals, or other documentation, or the delivery or distribution of any part thereof to any third person or entity for any purpose whatsoever, without the prior written approval of the licensor. This restriction shall continue to bind licensee and its agents and representatives beyond the termination of this Agreement.
Licensee accepts the Program “As Is” and in lieu of all other warranties and conditions, expressed or implied including, but not limited to, those for merchantability, and fitness for a particular purpose.
Licensor does not warrant that the Program or User’s Manual will meet licensee's requirements or that the operation of the Program will be uninterrupted or error free.
Further, licensor does not warrant, guarantee, or make any representations regarding the use of, or the results of use of the Program in terms of quality, accuracy, reliability, or otherwise and licensee relies on the Program and results therefrom at its own risk.
However, licensor warrants the downloads or disks (provided at additional fees) on which the Program is furnished to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery to the licensee as evidenced by the shipping receipt. To obtain warranty service or replacement, you must deliver the disk(s) prepaid to the licensor.
The Licensor accepts no responsibility for the operation or performance of the Program.
The entire risk of use and consequences of use of the Program falls completely on the licensee and licensor shall not be liable in any respect for any claim loss or injury alleged to have resulted from use of or in reliance on the Program. In this respect, licensee shall completely indemnify and defend for any such claim, loss or injury as described below.
Licensee shall indemnify and defend against any and all claims including claims by third parties or employees of licensee which arise directly or indirectly out of the licensee's use or operation of the Program.
Licensor shall not be liable for any special, incidental or consequential damages (including, but not limited to lost profit or business goodwill) suffered by the licensee through the use of the Program, whether or not such damages were disclosed to the licensor, or reasonably foreseen.
1. GOVERNING LAW - This Agreement will be governed by the laws of the Province of Ontario, Canada and shall be the sole and proper places of venue for any legal action arising under this contract.
2. COMPLETE AGREEMENT - The complete Agreement between the parties is contained in this document and attachments and may be modified only by a written memorandum executed by both parties.
3. SEVERABILITY - If any provision of this Agreement is illegal, the remainder of the Agreement will not be affected by the illegal portion.
4. ENFORCEMENT - If any legal action becomes necessary for licensor to enforce the terms and conditions of this Agreement, licensee agrees to pay licensor all expenses incurred in this regard including, but not limited to, court costs, service of process fees, and attorney fees.
APPROVED AND EXECUTED ON THIS ____ DAY OF __________, 20____
DJB Software Inc.
Signature _________________________________
Licensee Company Name
Company Reps Printed Name
Company Reps Signature
XII - STATION LOCATION otherwise stated in Program Software Registration
The station location for the Program is:
Company Name ___________________________________________
Owners Name ___________________________________________
Station Call Letters ___________________________________________
Street Address ___________________________________________
PO Address ___________________________________________
City, State, Zip ___________________________________________
Phone # ___________________________________________
Fax # ___________________________________________
General Manager ___________________________________________
Program Director ___________________________________________
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