Striva EULA

END USER LICENSE AGREEMENT

This End User License Agreement (“EULA”) is entered into by and between Koss Corporation (“Koss”), a Delaware corporation with an office at 4129 North Port Washington Avenue, Milwaukee, Wisconsin 53212, and each Striva Device end user (“you”).  PLEASE READ THIS EULA CAREFULLY BEFORE USING THE STRIVA DEVICE.
1.             Definitions.  As used in this EULA, the following terms have the meanings specified in this Section 1:

                1.1          “Hardware” means the hardware components of the Product.
                1.2          “Intellectual Property Rights” means patents, patentable rights, copyright, design rights, utility models, trade marks (whether or not any of the above are registered), trade names, rights in domain names, rights in inventions, rights in data, database rights, rights in know-how and confidential information, and all other intellectual and industrial property and similar or analogous rights existing under the laws of any country and all pending applications for and right to apply for or register the same (present, future and contingent, and including all renewals, extensions, revivals and all accrued rights of action).
                1.3          “Licensed Software” means the software and firmware that is embedded in, encoded into, or installed on the Hardware, excluding any Open Source Software.
                1.4          “Open Source Software” means open source software components that are licensed under the terms of public license agreements.
                1.5          “Product” means each Koss Striva Device, comprising of the Hardware and Licensed Software together.
                1.6          “Striva Device” means the Striva Cap device, Striva Tap device, Striva Pro device and any other Striva-branded device offered by Koss.

2.             Scope.  This EULA applies only to the Product and not to any third-party products or services.  If you connect to MyKoss.com, your use of MyKoss.com will be subject to separate terms and conditions.
3.             Permitted Use.  Subject to the terms and conditions of this EULA, you are permitted to use  the Product solely for your personal use and to use the Licensed Software solely on the Product on which the Licensed Software is initially embedded.
4.             Restrictions.  You shall not, and shall not permit any third party, to:

                (a) copy, modify, attempt to modify, create derivative works based on, or distribute the Licensed Software, any part of it, or any copy, adaptation, transcription, or merged portion of it;
                (b) decode, reverse engineer, disassemble, decompile or otherwise translate or convert, or attempt to derive the source code for the Licensed Software or any part of it;
                (c) transfer, loan, lease, assign, rent, or otherwise sublicense the Licensed Software;
                (d) use the Licensed Software for or on behalf of any third party (which includes operating any form of facility on behalf of any third party or operating a software bureau service); or
                (e) obscure or remove any copyright, proprietary or similar notices from the Product or the Licensed Software.

5.             Battery.  Rechargeable batteries, including the rechargeable battery in the Product, lose charge capacity due to use.  Dependent on your use and conditions, over time the battery will power the Product for less time and may eventually require replacement.  The battery in the Product is not intended to be replaced by users and efforts to access the battery may damage the Product and void the 90-Day Limited Warranty for KOSS STRIVA Products.  For additional information, visit http://www.koss.com/batteries.
6.             Data; Privacy.
                6.1          Collection and Use of Data.  By using the Product to connect to and/or access music or other content available through the Internet, certain information about the Product and its use will be transmitted to Koss and its affiliates and service providers.  For example, information such as the IP address and other identifiers of the computer, router, or equipment that the Product uses to connect to the Internet, and the unique device identifier (such as the MAC address) of the STRIVA Device will be transmitted and recorded.  This information may reveal the location of your Product or Product usage.
                6.2          Privacy Policy.  Use of the Product is subject to the privacy policy for MyKoss.com, which is located at http://www.koss.com/en/support/legal.  The terms of the privacy policy may change from time to time as set forth in that policy.  By using the Product, you consent to the terms of that privacy policy, which discusses how information about you, your Product, and your use of your Product (including location data) will be collected, used, and shared with Koss and/or third parties.
7.             Third-Party Services.  The Product enables you access to third-party services, content and websites (collectively, “Third-Party Services”).  Use of Third-Party Services requires Internet access and may be subject to other terms and conditions, including license agreements between you and a third party.  Third-Party Services may not be available or appropriate in all locations and may contain content or references to content that is deemed offensive.  Your use of Third-Party Services is at your sole risk, and Koss will have no liability for your use of Third-Party Services.  Additionally, use of Third-Party Services may entail the transmission of information about you, your Product, your use of your Product, and your location.  Koss does not review the practices of any Third-Party Service, and makes no representations about their data collection or use practices.
8.             Ownership.  Koss or its third-party licensors, as applicable, retain all rights, title, and interest, including all Intellectual Property Rights, in and to the Product (including all upgrades and updates thereto).
9.             Term and Termination.  The term of this EULA begins upon your receipt of the Product and will continue until this EULA is terminated as permitted in this EULA.  This EULA will terminate automatically and without notice from Koss if you fail to comply with the terms and conditions of this EULA.
10.          Disclaimer of Warranties.  SUBJECT TO APPLICABLE LAW AND ANY WRITTEN WARRANTY FROM KOSS, THE PRODUCT IS PROVIDED “AS-IS” AND KOSS MAKES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS REGARDING THE PRODUCT, ANYTHING PROVIDED BY KOSS UNDER THIS EULA, OR OTHERWISE REGARDING THIS EULA, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY.  WITHOUT LIMITING THE FOREGOING, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY AND THE IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED.
11.          Limitation of Liability.  (A) IN NO EVENT WILL KOSS BE LIABLE TO YOU UNDER ANY THEORY OF LAW FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT AND LOSS OF DATA, ARISING OUT OF OR RELATING TO THIS EULA, EVEN IF SUCH LOSS WAS FORESEEABLE OR IF KOSS IS ADVISED OF SUCH POSSIBILITY, AND (B) IN NO EVENT WILL KOSS’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS EULA UNDER ANY THEORY OF LAW EXCEED THE TOTAL PURCHASE PRICE PAID BY YOU FOR THE PRODUCT.  KOSS WILL HAVE NO LIABILITY OR OBLIGATION FOR ANY DAMAGES ARISING FROM OR RELATING TO USE OF THE PRODUCT AS PART OF OR IN COMBINATION WITH ANY THIRD-PARTY PRODUCTS THAT ARE NOT PROVIDED BY KOSS AND THAT ARE INCONSISTENT WITH THE DESIGNED PURPOSE OF THE PRODUCT.

12.          High Risk Activities.  The Product is not designed or intended for use in hazardous environments requiring fail-safe performance, including in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of any part of the Product could lead directly to death, personal injury, or severe physical or property damage (collectively, “High Risk Activities”).  Koss expressly disclaims any express or implied warranty of fitness for High Risk Activities.  Avoid playing the Product at high volume levels.  Some studies have concluded that prolonged and extensive exposure to noise in excess of 95dB may impair hearing.  Never use the Product while operating a motorized vehicle.  It may create a traffic hazard and is illegal in many areas.  Exercise caution if you are wearing the Product while engaged in activities such as walking, race-walking, jogging, cycling, etc. which may bring you in contact with vehicular traffic.
13.          General.

                13.1        Assignment.  You may not assign this EULA without Koss’s prior written consent.  This EULA will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
                13.2        Governing Law.  This EULA is governed by, and construed in accordance with, the laws of the State of Wisconsin, U.S.A., without reference to conflicts of law principles.  This EULA is not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.  The parties submit to the exclusive jurisdiction and venue of the state and federal courts in Milwaukee County, Wisconsin, U.S.A. to settle any dispute arising out of or in connection with this EULA, its construction, validity, performance and/or termination, and each party waives all defenses of lack of personal jurisdiction and inconvenient forum with respect to the state and federal courts in Milwaukee County, Wisconsin, U.S.A.
                13.3        Amendment; No Waiver.  No amendment, waiver, or discharge of this EULA will be valid unless in writing and signed by an authorized representative of the party against which such amendment, waiver, or discharge is sought to be enforced.  Either party’s waiver of a breach or a default of any provision of this EULA will not be construed as a waiver of any subsequent breach of the same or any other provision.  A party’s delay or failure to exercise or avail itself of any right will not operate as a waiver of any right by that party.
                13.4        Severability.  If any provision of this EULA is illegal or unenforceable, then that provision is deemed to be restated as nearly as possible in a manner that complies with applicable law, and the remainder of this EULA will remain in full force and effect.
                13.5        Survival.  Sections 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 13 (General) and all others that by their sense and context are intended to survive this EULA’s termination will survive and continue in effect after this EULA’s termination.
                13.6        Interpretation.  In this EULA, unless the context otherwise requires, (a) Section headings are for convenience only and will not affect the construction of this EULA; (b) references to “including” or any similar terms in this EULA are intended to be terms of enlargement and not of limitation and will be interpreted as if followed by the phrase “without limitation”; and (c) references to any legislation will be to that legislation as amended, extended or re-enacted from time to time and to any subordinate provision made under that legislation.
                13.7        Open Source Software.  Any Open Source Software is licensed to you under the terms of the applicable public license agreement as indicated in documentation included with any relevant Striva Device.
                13.8        Entire Agreement.  This EULA and any written warranty from Koss constitutes the entire agreement between the parties regarding this EULA’s subject matter and supersedes all oral or written prior agreements, representations, proposals, discussions, and communications related to this EULA’s subject matter.  This EULA may be translated into languages other than English.  Non-English versions of this EULA are for reference purposes only.  The English version of this EULA controls.

NOTICE RE SHINE OPEN SOURCE SOFTWARE

Shine Fixed Point is an MP3 encoder.  Copyright 1999-2000 Gabriel Bouvigne, 2001 Pete Everett, and other years by other contributors as indicated in the source code.  This library is distributed WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU Library General Public License below for more details.
The Shine library incorporated into the Koss Striva Cap product has been revised by Koss Corporation.  Revisions Copyright 2012 Koss Corporation.  The revised Shine library is distributed WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  The revised Shine library is available at http://www.koss.com/en/support/legal and distributed under the GNU Lesser General Public License, version 2.1.

GNU LIBRARY GENERAL PUBLIC LICENSE
 
Version 2, June 1991

Copyright (C) 1991 Free Software Foundation, Inc.
51 Franklin St, Fifth Floor, Boston, MA  02110-1301, USA

Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

[This is the first released version of the library GPL.  It is
numbered 2 because it goes with version 2 of the ordinary GPL.]

Preamble
 
The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public Licenses are intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users.

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Our method of protecting your rights has two steps: (1) copyright the library, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the library.

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TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

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NO WARRANTY

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END OF TERMS AND CONDITIONS

Striva Batteries

STRIVA Battery Information

Rechargeable batteries, including the rechargeable battery in the Product, lose charge capacity due to use.  Dependent on your use and conditions, over time the battery will power the Product for less time and may eventually require replacement.  The battery in the Product is not intended to be replaced by users and efforts to access the battery may damage the Product and void the 90-Day Limited Warranty for KOSS STRIVA Products.

What is the normal time of usage for a fully charged battery for each product?
STRIVA CAP - 3hrs
STRIVA TAP - 2hrs
STRIVA PRO - 15Hrs

What is the time to charge for each battery?  From fully drained?  From 50%?
STRIVA CAP - 1:40, 0:50
STRIVA TAP - 1:40, 0:50
STRIVA PRO - 4:30, 2:15

Batteries left in extreme cold or hot temperatures will have reduced performance and life.

The battery in the Product is not intended to be replaced by users and efforts to access the battery may damage the Product and void the 90-Day Limited Warranty for KOSS STRIVA Products.

Click here for Professional Battery removal and disposal information on the STRIVA CAP

Click here for Professional Battery removal and disposal information on the STRIVA PRO

Click here for Professional Battery removal and disposal information on the STRIVA TAP

Striva Open Source Software

The Shine code is available for download via the FAQ page (all the way at the bottom)

http://www.mykoss.com/FAQ.html

The links for the source and the binary are:

http://www.mykoss.com/New_Assets/
Shine_Fixed_0_1_2_KossUpdated.zip

http://www.mykoss.com/New_Assets/
Shine_Fixed_0_1_2_KossUpdated.a