NAPSTER, INC. END-USER SOFTWARE LICENSE AGREEMENT YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE SOFTWARE WHICH CAN BE DOWNLOADED FROM THE NAPSTER WEBSITE, ALONG WITH ANY ACCOMPANYING DOCUMENTATION (THE SOFTWARE AND ITS DOCUMENTATION WILL 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, THEN NAPSTER IS UNWILLING TO LICENSE THE …
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…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the prior written authorization of an officer of Napster, Inc. Certain provisions of these terms and conditions may be superceded by expressly designated legal notices or terms located within the Napster web site. 10.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.