RADIO@AOL TRIAL SUBSCRIPTION TERMS OF SERVICE

Thank you for your interest in Radio@AOL. These Terms of Service ("Agreement") govern your use of the trial version of Radio@AOL. Please read this Agreement in full before using the Radio@AOL service. By clicking "OK" to set up the trial service or by using the service, you agree to the following terms and conditions. Only individuals who have agreed to the terms and conditions of this Agreement are authorized to access and use the Radio@AOL service.

You will be able to try a trial version of Radio@AOL from America Online ("AOL") for a limited time only. Your trial membership and access to the service will expire automatically on July 1, 2006.

QUALIFICATIONS FOR A TRIAL SUBSCRIPTION. You must be legally capable to enter into a contract. You must meet the system requirements as disclosed during registration.

ACCESS CHARGES. You are responsible for obtaining and maintaining at your expense all equipment and services needed to access Radio@AOL, including all communications, data and Internet access charges.

PROPRIETARY RIGHTS. Radio@AOL will enable you to listen to streaming music from a limited sampling of Radio@AOL radio channels. The Radio@AOL software, information, artwork, text, media, music or pictures (collectively, "Materials") provided on Radio@AOL are owned by AOL or third party suppliers and are protected by U.S. and international copyright laws. You agree that these copyright laws and proprietary interests limit your rights to the Materials. You understand that Radio@AOL and its software include security components that permit digital information to be protected and used only as authorized by Radio@AOL. These security components are programmed to control access to Radio@AOL and to prevent the unauthorized copying of copyrighted material. You agree that AOL may use in any manner and without limitation all comments, suggestions, complaints and any other feedback you provide relating to Radio@AOL.

LICENSE. Subject to the terms of this Agreement, AOL provides you with a limited, personal, nonexclusive and nontransferable license to access and use a trial version of Radio@AOL and its software for personal use, which expires on July 1, 2006. You may not sub-license or charge others to use or access Radio@AOL. You may not make derivative works from the Radio@AOL software or Materials. You may not modify the Radio@AOL software or use it in any way not expressly authorized by this Agreement. In addition, this limited license does not grant you the right to perform publicly, by any means, method, or process any of the Materials transmitted by Radio@AOL.
USE OF THE SERVICE. You may only use and access the Materials for personal and non-commercial use. Music and other Materials cannot be modified, transferred, copied, recorded or distributed to other platforms or devices, including computer hard drives, portable music players or any other storage medium. You may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or tamper with any part of Radio@AOL, including its security components, special rules or other protection applications for any reason whatsoever. You agree to abide by the rules and policies established from time to time by AOL. Such rules and policies will be applied generally in a nondiscriminatory manner to users of Radio@AOL and may include, for example, required or automated updates, modifications, and/or reinstallations of the Radio@AOL software and obtaining available patches to address security, interoperability, and/or performance issues, although these updates may not be consistent across all platforms and devices. You agree to accept and to take no action to interfere with such updates and related services. You further agree that you will not attempt to modify the software or any of the usage rules for any reason whatsoever, including for the purpose of disguising or changing ownership of the Materials. You expressly agree that you will use the Radio@AOL service only for lawful purposes and in accordance with this Agreement, and that you will not use the service to violate any law, regulation or ordinance or any right of AOL or any third party, including without limitation, any right of privacy, publicity, copyright, trademark, or patent.

DISCLAIMER OF WARRANTY. YOU AGREE THAT YOUR USE OF THE RADIO@AOL SERVICE, SOFTWARE AND MATERIALS (collectively, the "INFORMATION") IS AT YOUR OWN RISK. AMERICA ONLINE, INC., ITS PARENT, SUBSIDIARIES, DIVISIONS, EMPLOYEES, PARTNERS, AGENTS, REPRESENTATIVES AND THIRD-PARTY SUPPLIERS (collectively, the "RADIO@AOL PROVIDERS") PROVIDE THE INFORMATION "AS IS", "WITH ALL FAULT" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND. THE RADIO@AOL PROVIDERS EXPRESSLY DISCLAIM ANY REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF ACCURACY, QUALITY, SECURITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NEED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THE RADIO@AOL PROVIDERS MAKE NO WARRANTY (a) THAT THE RADIO@AOL SERVICE AND SOFTWARE WILL MEET YOUR REQUIREMENTS, (b) THAT THE SERVICE WILL BE UNINTERRUPTED OR FREE OF DEFECTS, ERRORS OR VIRUSES, (c) THAT ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED, (d) THAT YOU WILL BE ABLE TO ACCESS OR USE RADIO@AOL AT ALL TIMES OR PLACES, OR (e) AS TO THE RELIABILITY, ACCURACY, QUALITY OR APPROPRIATENESS OF THE MATERIALS AND MUSICAL CONTENT.

LIMITATION OF LIABILITY. THE RADIO@AOL PROVIDERS SHALL NOT BE LIABLE FOR CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO LOST PROFITS OR LOST OPPORTUNITIES, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE RADIO@AOL PROVIDERS HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, AOL AND ITS SUPPLIERS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION. Upon a request by AOL or its suppliers, you agree to defend, indemnify and hold harmless AOL and its suppliers from all liabilities, claims and expenses, including attorneys' fees that arise from a breach of this Agreement for which you are responsible or from your use of Radio@AOL. AOL and its suppliers reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification in that matter.

CHANGES TO THE SERVICE. AOL has the right at any time to change, modify, add to, discontinue or retire the Radio@AOL service, or any portion or feature of the service, without notice to you.

NO SUPPORT. AOL is under no obligation to provide assistance or support for your use of Radio@AOL or to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements for Radio@AOL.

LEGAL TERMS. You agree to receive notices and information about your Radio@AOL trial subscription electronically. This Agreement and the offer terms of your trial membership represent your entire agreement with AOL regarding your trial subscription to Radio@AOL. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the Commonwealth of Virginia, excluding its conflicts-of-law rules, govern this Agreement and your trial subscription to Radio@AOL.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. If you believe that your work has been copied and is accessible on the service in a way that constitutes copyright infringement, you may notify AOL by following the Copyright Notice instructions at http://www.aol.com/copyright/infringement.html.
TERMINATION. AOL may terminate, without notice, your access and/or trial subscription to Radio@AOL in the event of a violation of this Agreement. In the event of any termination of this Agreement, the restrictions on your use of the service as set forth herein shall survive such termination, and you agree to be bound by these terms.
PRIVACY. AOL does not require you to provide any registration information that would identify you personally to access Radio@AOL. However, AOL will collect the IP address that you use to access Radio@AOL. Your IP address is a number that is used by computers on the network to identify your computer so that data (such as the radio channel you request) can be sent to you. From time to time, AOL may use information derived from your IP address to deliver you appropriate products, services and software. In addition, AOL servers will automatically collect and store the dates and times that your IP address logs into the service, as well as information about the music tracks downloaded, uploaded and streamed, as well as the number of times a track is used ("Usage Information"). However, AOL will collect this Usage Information at an anonymous level. AOL may use aggregate data concerning trial members' use of Radio@AOL in order to determine how its trial members use different parts of the service, and to improve the features and functionality of the service.
AOL will share certain Usage Information in an anonymous format with its suppliers, distributors and resellers as necessary to fulfill its reporting and payment obligations to copyright holders and to optimize the Radio@AOL service. AOL may also release specific Usage Information to comply with valid legal process such as a search warrant, subpoena, or court order, or to protect AOL's rights or property.

TRADEMARK NOTICE. America Online® and AOL® are the registered trademarks of America Online, Inc. Radio@AOL is a service mark of America Online, Inc. No license to use any of these marks is provided under these Terms of Service.

Questions? Please contact AOL at: 800-267-6291