[gentoo-commits] gentoo-x86 commit in licenses: Livestation-EULA.txt

["Samuli Suominen (ssuominen)" <ssuominen@gentoo.org>]

ssuominen    09/04/29 08:11:56

  Added:                Livestation-EULA.txt
  Log:
  Commit Livestation-EULA.txt for media-tv/livestation.

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1.1                  licenses/Livestation-EULA.txt

file : http://sources.gentoo.org/viewcvs.py/gentoo-x86/licenses/Livestation-EULA.txt?rev=1.1&view=markup
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Index: Livestation-EULA.txt
===================================================================
IMPORTANT PLEASE READ CAREFULLY LIVESTATION TECHNICAL TRIAL SOFTWARE
EVALUATION LICENCE

This Technical Trial Software Evaluation Licence (the “Agreement”)
is a legal agreement between you and Skinkers Limited, a company
incorporated in England and Wales (Company No: 04120457) having its
registered office at Wellesley House, Duke of Wellington Avenue, Royal
Arsenal London, SE18 6SS granting you limited rights to download and use
our software, subject to the terms of this Agreement.

YOU MUST READ THIS AGREEMENT CAREFULLY BEFORE INDICATING ACCEPTANCE
AT THE END BY CLICKING THE "I ACCEPT" BUTTON. ANY AND 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 AND, BY CLICKING THE "I ACCEPT" BUTTON
BELOW, YOU ALSO AGREE TO THE TERMS AND CONDITIONS OF SUCH PRIVACY
POLICY. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS AGREEMENT, CLICK
ON THE "I DO NOT ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU
CLICK ON THE “I DO NOT ACCEPT” BUTTON YOU WILL NOT BE PERMITTED TO
DOWNLOAD AND USE THE SOFTWARE. RECITALS:

(A) We have developed the Livestation software in a pre-production
(Technical trial) form (the “Software”) and we wish to grant a
limited number of users certain limited rights to use the Software for
the purposes of testing and evaluating its functionality.

(B) You wish to participate in the Evaluation Process (as defined below)
and to use and evaluate the Software on the terms and conditions
contained in this Agreement.

THE PARTIES AGREE AS FOLLOWS:

1. Software Licence

1.1 We grant you a personal, non-exclusive, royalty-free,
non-transferable, revocable licence during the Term to download and use
the Software solely for the purposes of testing and evaluation by you,
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 accept this Agreement by clicking the
"I ACCEPT" button below (the “Acceptance Date”) until the date of
termination or expiry of this Agreement.

1.2 You shall report promptly to us in such manner and formats as we may
designate all faults and problems you find with the Software and shall
co-operate with us in diagnosing and correcting such faults and problems
(the “Evaluation Process”).

2. Registered and Licensed Users

2.1 In order for you to download, access and 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, and that you will participate in the Evaluation  
Process with reasonable skill and care. 

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.

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 Use of the Software enables users to view alerts, messages and
other content transmitted or made available by us or our Authorised
Licensees over a peer-to-peer network. By downloading the Software
and entering into this Agreement, you acknowledge and agree that your
internet connection, computer and related equipment and resources (for
example, a home Wi-Fi network) may be used by you for viewing such
content and that they may also be used for retransmitting such content
to other users on the peer-to-peer network. Use of the Software may
impact your system resources and bandwidth usage. You agree to us
sending you messages and alerts using the Software. Any charges imposed
by your ISP for such bandwidth usage are your responsibility. For the
avoidance of doubt, unless you have entered into a separate licence
agreement with us under which you are expressly permitted to transmit
content over the Livestation peer-to-peer network, you are not an
Authorised Licensee and you may not, under any circumstances whatsoever,
transmit any content over the peer-to-peer network or by means of our
Software except such content as we have made available to you and which
is automatically retransmitted by the Software without any intervention
by you.

10.2 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.

12.2Acceptance

(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.