diff options
Diffstat (limited to 'licenses/Livestation-EULA')
| -rw-r--r-- | licenses/Livestation-EULA | 487 |
1 files changed, 487 insertions, 0 deletions
diff --git a/licenses/Livestation-EULA b/licenses/Livestation-EULA new file mode 100644 index 000000000000..a602affc189a --- /dev/null +++ b/licenses/Livestation-EULA @@ -0,0 +1,487 @@ +IMPORTANT PLEASE READ CAREFULLY LIVESTATION SOFTWARE LICENCE + +This Software Licence (the "Agreement") is a legal agreement between you and +Livestation Limited, a company incorporated in England and Wales (Company +No: 6872775) having its registered office at 32 St James's Street, London +SW1A 1HD (referred to in this Agreement as Livestation, We or Us as the +context permits) granting you limited rights to download and use our +software, subject to the terms of this Agreement. + +ALL PERSONAL INFORMATION OBTAINED FROM YOU BY US RELATING TO THIS +AGREEMENT AND THE SOFTWARE IS SUBJECT TO OUR PRIVACY POLICY, LOCATED AT +WWW.LIVESTATION.COM/PRIVACY. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS +AGREEMENT, YOU SHOULD NOT DOWNLOAD OR USE THE SOFTWARE: + +THE PARTIES AGREE AS FOLLOWS: + +1. Software Licence + +We grant you a personal, non-exclusive, royalty-free, non-transferable, +revocable licence during the Term to download and use the Livestation Player +(the "Software") without the right to sub-licence such rights, solely on the +terms and subject to the conditions of this Agreement. The "Term" means the +period from the date that you download the Software until the date you stop +using the Software. + +2. Registered and Licensed Users + +2.1 In order for you use the Software, you must register with us and provide +us with an email address and obtain a unique password for accessing +and using the Software (the "Password"). It is your responsibility to +ensure that you keep your Password and other account details secure and +confidential. They must not be disclosed to or used by any other person. You +are responsible and wholly liable for all acts or omissions committed by any +other person who accesses and / or uses the Software through or by means of +your account or Password. + +2.2 Livestation delivers live television and radio broadcast programme +services. Reception of these services may require a television or radio +licence in some countries. You should ensure that your use of Livestation is +covered by such a licence where required. + +2.3 Livestation also delivers desktop alerts and messages from time to time +to your desktop by receipt of messages through your internet connection. You +will need to keep your computer connected to the Internet to receive these +messages. + +3. The User's Obligations + +3.1 You shall: + +(a) only use the Software in the manner, and for the purposes, expressly +specified in this Agreement; + +(b) except as expressly provided in this Agreement, not use, reproduce, +dispose of, deal with, rent, lease, loan, modify, adapt, reverse engineer, +decompile or disassemble the whole or any part of the Software; + +(c) except as expressly provided in this Agreement, not copy, reproduce, +republish, upload, post, transmit, or distribute the Software, or any +portion thereof, or facilitate or permit any third party to do so; + +(d) not incorporate or allow the Software to be incorporated in any other +software; + +(e) not attempt to access any systems, programs or data of ours that are not +licensed under this Agreement; + +(f) not use any device or software to interfere or attempt to interfere with +the proper operation of the Software; + +(g) keep confidential and not disclose (or make available any information on +or relating to) the existence, features, functionality, capabilities or +contents of the Software or your conclusions, opinions, findings or other +information regarding the Software or your evaluation of the Software, or +the contents of this Agreement (such confidentiality and non-disclosure +obligations to survive the termination of this Agreement), provided that +this Clause shall not extend to information which was rightfully in your +possession prior to the negotiations leading to this Agreement, which was +already public knowledge at the Acceptance Date or becomes so at a future +date (otherwise than as a result of a breach of this Clause) or which you +are legally required by applicable law, rule, regulation or lawful order or +ruling of any court, government agency or regulatory commission to disclose, +in which case you agree that you will provide us with prompt notice of such +requirement to enable us to seek an appropriate protective order or to take +steps to protect the confidentiality of our confidential information, and in +the event such protection is not obtained or we waive compliance with the +provisions of this Clause, you agree that you will disclose only that +portion of the confidential information which you are legally required to +disclose. For the avoidance of doubt, this Clause shall not apply to any +information that we have expressly directed you to disclose or make +available to us or any third party; + +(h) safeguard the Software from access by anyone other than yourself; and + +(i) not delete or in any manner alter any notices, disclaimers, insignia, +lettering or other legends contained in the Software or appearing on any +screens, documents, reports, numeric results or other materials obtained by +you through use of the Software. + +3.2 Notwithstanding Clause 3.1(b) and provided that the EU Software +Directive or other applicable law confers or may confer on you any right to +decompile or disassemble any portion of the Software or its components you +shall not attempt or commence any such disassembly or decompilation unless: +(1) prior to such actual or attempted disassembly or decompilation, you have +notified us in writing that you require such information as is necessary to +permit you to create an independent program which can be operated with any +portion of the Software or its components and we have not provided such +information within one (1) month of your written request, and (2) the +information so obtained is not used for any other purpose. + +3.3 You shall not copy or reproduce the Software other than as expressly +permitted elsewhere in this Agreement, except that you may make one copy for +backup and security purposes. You hereby acknowledge that all copies +(whether complete copies or partial copies) made of the Software are our +property. + +4. User Representations and Warranties + +4.1 You represent and warrant to us that you have authority to enter into +this Agreement. + +4.2 Livestation allows users to create links to third-party streams. The +streams' content, business practices and privacy policies are not under our +control, and we are not responsible for the content of any linked stream, +website or any link contained in a linked stream or website. The inclusion +of a link by Livestation you add does not imply any endorsement by or any +affiliation with Livestation. In accessing the streams or links or following +links to third-party websites or streams you may be exposed to content that +you consider offensive or inappropriate. You agree that your only recourse +is to stop using Livestation or the streams or links. You may remove your +link to a stream at any time. + +4.3 Livestation reserves the right to remove or modify any information, +streams, links or user's account at any time without notice. In the event +of complaint from any third party Livestation may contact you before +removing or blocking access to any information but shall not be obliged to +do so. Before viewing streams or adding links or other information you +agree to confirm that doing so will not be in breach of any law or third +party rights. + +4.4 You agree that we may copy, share, store, amend or delete any +information we deem appropriate in the provision and operation of +the Livestation service. This ability shall not reduce or amend your +responsibility for ensuring that use of any information (including links and +streams) you provide is legal. You recognise and agree that Livestation does +not check the content of each link and you represent and warrant to +Livestation that you have the right to grant, to Livestation a perpetual, +non-exclusive, transferable, fully paid, worldwide license (with the right +to sublicense) to use, copy, publicly perform, publicly display, reformat, +translate, excerpt (in whole or in part) and distribute the material which +you are linking to for any purpose connected with Livestation including +commercial, advertising, or otherwise. You can remove a link at any time, if +you choose to remove your link, the license granted above will automatically +expire. You agree to hold harmless and indemnify Livestation in respect of +any claim by any third party arising from your use of or creation of a link +to a stream in Livestation. + +4.5 Livestation makes no warranties whatsoever regarding the license +agreements required for accessing, and the information provided through, any +stream or link, and disclaims all liability for damages, including without +limitation, any general, special, incidental or consequential damages, +resulting from their use. Livestation also reserves the right to collect +information about creation and viewing of user added streams, including but +not limited to anonymous usage information for statistical purposes. + +5. Liability + +5.1 Except as otherwise expressly provided in this Agreement: + +(a) the Software is provided "as-is" and, to the maximum extent permitted by +applicable law, we disclaim all conditions and warranties of any kind, +express (unless set out in this Agreement) or implied, regarding the +Software or otherwise relating to this Agreement, including conditions and / +or warranties of fitness for a particular purpose, satisfactory quality, +merchantability, non-infringement and accuracy; + +(b) we do not warrant or represent that the Software is or will be accurate, +free from defects, complete, without error, or free of viruses, worms, other +harmful components, or other program limitations, or that it will function +correctly or at all; + +(c) you assume the entire cost of all necessary servicing, repair, or +correction of problems caused by viruses or other harmful components, or the +failure of the Software to operate or operate correctly; + +(d) we make no warranties or representations as to the accuracy, quality, +reliability, suitability, completeness, truthfulness, usefulness, or +effectiveness of the Software; and + +(e) use of the Software is entirely at your own risk and we shall have no +liability or responsibility to you under or in relation to this Agreement. + +5.2 You shall use the Software at your own risk and in no event shall we be +liable to you for any loss or damage of any kind (except personal injury or +death resulting from our negligence) arising from the your use of or +inability to use the Software or from faults or defects in the Software +whether caused by negligence or otherwise. + +5.3 The express terms of this Agreement are in lieu of all warranties, +conditions, undertakings, terms and obligations implied by statute, common +law, trade usage, course of dealing or otherwise all of which are hereby +excluded to the fullest extent permitted by law. + +5.4 You agree to defend, indemnify and hold us harmless from any losses, +liabilities, damages, actions, claims or expenses (including legal fees and +court costs) arising or resulting from your breach of any term of this +Agreement or caused by your acts or omissions or the acts or omissions of +any other person using your Password or other account details. + +5.5 Nothing in this Agreement shall operate to avoid or exclude the +liability of either party for death or personal injury caused by its +negligence or for fraud. + +5.6 Subject to Clause 5.5, without prejudice to any provision of this +Agreement, our maximum aggregate liability to you under or in relation to +this Agreement or any matter arising out of it shall be 500 GBP. + +6. Term and termination + +6.1 This Agreement and your right to use the software shall be effective +from the Acceptance Date and shall continue in force unless and until +terminated in accordance with the provisions set out in this Clause 6. + +6.2 We may terminate this Agreement immediately without liability on written +notice to you for any reason whatsoever. + +6.3 Without prejudice to Clause 6.2 above, this Agreement may also be +terminated immediately by either party on giving notice in writing to the +other if: + +(a) the other shall have a receiver or administrative receiver appointed or +shall pass a resolution for winding-up (otherwise than for the purpose of a +bona fide scheme of solvent amalgamation or reconstruction); + +(b) a court of competent jurisdiction shall make an order to that effect; + +(c) the other party shall become subject to an administration order; + +(d) the other party shall enter into any voluntary arrangement with its +creditors; + +(e) the other party shall cease or threaten to cease to carry on business; +or + +(f) the other party shall commit any breach of this Agreement. + +6.4 Any termination of this Agreement shall not affect any accrued rights or +liabilities of either party nor shall it affect the coming into force or the +continuance in force of any provision of this Agreement which is expressly +or by implication intended to come into or continue in force on or after +such termination. + +6.5 On termination of this Agreement, you must immediately cease using the +Software and, unless we otherwise agree in writing, you may not directly or +indirectly download, access or use the Software (or any other software made +available by us). You must also destroy and / or delete all copies of the +Software (and any materials provided in connection with it by us). Without +prejudice to the foregoing, we shall also be entitled on termination of this +Agreement to disable the Software if you have not destroyed / deleted it. + +6.6 Sections 3(g), 3(h), 5, 6.4, 6.5, 7, 8, 9, 13, and 14 shall survive this +Agreement on termination. + +7. Reservation of rights + +7.1 We reserve the right to: + +(a) suspend access to the Software and replace it with another version at +any time during the term of this Agreement; + +(b) disable the Software or require you to cease using it at any time; and + +(c) charge you for access to and use of the Software, by giving no less than +7 days' notice in writing. If we have notified you of our decision to charge +for use of the Software and you do not wish to pay for your use of the +Software, you must notify us and cease absolutely to use the Software. On +the sending of any such notice, this Agreement will automatically terminate. + +8. Intellectual Property Rights + +8.1 We or our licensors own all rights, title and interests in the Software +including trade secrets, patents, copyrights and database rights, and the +Software shall remain the sole and exclusive property of us or our +licensors. Except as provided in Clause 1.1 of this Agreement, you have no, +and are not granted, any right, title, interest or licence in the Software. + +8.2 You grant us a non-exclusive, perpetual, irrevocable, worldwide, +royalty-free licence with the right to sublicense, use, copy, transmit, +distribute, create derivative works of, display and perform the same +in respect of any materials or other information (including, without +limitation, ideas, concepts or techniques for new or improved services and +products) submitted by you in connection with the Evaluation Process, +whether as feedback, data, questions, comments, or suggestions. + +8.3 Livestation viewers using any of Livestation's interactive features +agree that any statement, comment or other contributions made by Livestation +users may be republished by Livestation and/or Livestation's partner +broadcasters including, but not limited to, being broadcast live on-air. + +8.4 You agree and understand that any website logs, site statistics or other +data collected by us (the "Site Statistics") shall be and remain our sole +and exclusive property. + +8.5 This Agreement does not grant you a licence to use any of our trade +marks, trade names, or logos, and you recognise that our trade marks, trade +names and logos are valuable assets of ours and that substantial recognition +and goodwill are associated with them. You agree that you shall not use or +permit any third party to use, at any time, our trade marks, trade names, or +logos. + +9. Hardware and Service Requirements + +9.1 You are solely responsible for acquiring, servicing, maintaining, and +updating all equipment, computers, software and communications services not +owned or operated by or on behalf of us, to enable you to download, access +and use the Software, and for all expenses relating thereto (plus any +applicable taxes). You agree to download, access and use the Software in +accordance with any and all operating instructions or procedures that may be +issued by us, as amended by us from time to time. You must promptly +implement all updates, patches and upgrades to the Software and, if +instructed, uninstall and replace the Software with any new versions or +releases that we provide to you. + +10. Performance + +10.1 You understand and agree that the operation and availability of the +systems used to transmit information or for accessing and interacting with +the Software including, the public telephone, computer networks and the +internet, whether or not supplied or made available by us, you or others, +can be unpredictable and may, from time to time, interfere with or prevent +the access to and/or the use or operation of the Software. We are not in any +way responsible for any such interference with or prevention of your access +and/or use of the Software. + +11. Training and Support + +11.1 Unless we otherwise agree, we will not provide any training or support +to you relating to the Software. + +12. Notices + +12.1 Notices + +All questions or comments concerning this Agreement shall be submitted to us +by you via email at support@livestation.com. All Notices to be given under +this Agreement by you shall be sent to the same address, with a copy to +notices@livestation.com. + +All Notices to be given under this Agreement to you by us shall be submitted +via email to the address notified to us by you as part of the registration +process, or such other email address as you may confirm to us by updating +your registration details. It is your responsibility to ensure that you have +provided us with current and correct email details. All Notices sent by us +to the email address last provided by you shall be deemed valid and +effective and we shall not be liable or responsible if any Notice fails to +reach you because you have not provided us with the correct details or have +failed to keep them up to date. + +12.2 Acceptance + +(a) By accepting below and providing us with your email address you agree +and consent to: (i) contract electronically with us in accordance with this +Agreement; and (ii) receipt of electronic legal notices regarding this +Agreement to the email address you have provided to us. + +12.3 Agreement Please print a copy of this Agreement for your records and +keep it securely. + +13. General Provisions + +13.1 Severability and Waiver + +If any provision of this Agreement is held by a court of competent +jurisdiction or other competent authority to be invalid, unlawful or +unenforceable for any reason then such part will be severed from the +remainder of this Agreement, which will continue to be valid and enforceable +to the fullest extent permitted by law. The parties agree to replace any +invalid provision with a valid provision which most closely approximates the +intent and economic effect of the invalid provision. In the event of a +holding of invalidity so fundamental as to prevent the accomplishment of the +purpose of the Agreement, the parties shall promptly commence good faith +negotiations to remedy such invalidity. No delay on the part of either party +in exercising any right or remedy under this Agreement shall operate as a +waiver thereof nor shall any single or partial exercise of any right or +remedy under this Agreement preclude any other or further exercise of such +right or remedy. + +13.2 Definitions and Headings + +References to: + +(a) The "Software" include references to all modifications, patches, +updates, upgrades, new versions and releases of the Software provided by us +to you, unless provided to you under the terms of any separate licence +agreement entered into between us. + +(b) "You" and "your" are to you, the individual who has accepted the terms +and conditions of this Agreement; + +(c) "We", "us" and "our" are to Skinkers Limited, as defined above, and its. +permitted successors and assignees Headings used in this Agreement are for. +reference purposes only and do not define or limit the scope or extent of. +the clauses to which they relate or in any way affect this Agreement . + +13.3 Assignment and Sub-contracting + +This Agreement and your rights, duties and obligations hereunder are +personal to you and you may not assign your rights, delegate your duties or +subcontract your rights without our prior written consent, which we may +provide or withhold at our entire discretion. We may assign, transfer, or +delegate this Agreement and / or all or any of our rights and obligations +under it or grant or sub-contract all or any of such rights and obligations +to any person or entity. The parties' rights and obligations will bind and +inure to the benefit of their respective successors and permitted assigns. + +13.4 Independent Contractors + +The parties to this Agreement are independent contractors, and no agency, +partnership, joint venture or employee-employer relationship is intended or +created by this Agreement. Neither party shall have the power to obligate or +bind the other party. + +13.5 Data Protection + +Both parties warrant that they will duly observe all their obligations under +the Data Protection Act 1998 (as amended) which arise in connection with +this Agreement. + +13.6 Amendments + +We reserve the right, at any time, to change the terms of this Agreement, +including our privacy policy, by providing you with notice of such changes. +Any use of the Software by you after such notification of any such changes +shall constitute your acceptance of the Agreement as modified. This +Agreement may not otherwise be amended except as agreed by both parties in +writing. + +13.7 Entire Agreement + +(a) Each party acknowledges that, in entering into this Agreement, it does +not do so on the basis of, and does not rely on, any representation, +warranty or other provision except as expressly provided in the Agreement +and all conditions, warranties or other terms implied by statute or common +law are hereby excluded to the fullest extent permitted by law. + +(b) This document is the entire Agreement between the parties and supersedes +all other agreements or arrangements, whether written or oral, express or +implied. + +(c) You and we acknowledge and agree that the allocation of risk and +liability contained in this Agreement is reasonable in all the circumstances +having regard to all relevant factors including the functionality and +capabilities of the Software and the testing and evaluation purposes of this +licence. + +13.8 Injunctive Relief + +Each party acknowledges that a violation of Clauses 1, 3, 8, 9 and 10.1 of +this Agreement would cause irreparable harm to the other party for which no +adequate remedy at law exists and each party therefore agrees that, in +addition to any other remedies available, the aggrieved party shall be +entitled to seek injunctive relief to enforce the terms of Sections 1, 3, 8, +9 and 10.1. The prevailing party shall be entitled to recover all costs and +expenses, including reasonable legal fees incurred because of any such legal +action. + +13.9 Force Majeure + +We will not be responsible for any failure to perform due to causes beyond +our reasonable control, including, acts of God, acts of terrorism, war, +riot, embargoes, acts of civil or military authorities, national disasters, +strikes and the like. + +13.10 Contracts (Rights of Third Parties) Act 1999 + +This Agreement is enforceable only by you and us and nothing in this +Agreement confers or is to be deemed to confer a benefit on a person not a +party to this Agreement. It is hereby agreed between the parties that the +Contracts (Rights of Third Party) Act 1999 shall not apply to this +Agreement. + +13.11 Law + +This Agreement shall be governed by and construed in accordance with English +law and the parties submit to the exclusive jurisdiction of the English +Courts. + |