END USER LICENSE AGREEMENT
SLINGPLAYER FOR IPAD
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS
CAREFULLY BEFORE INSTALLING OR USING ANY SOFTWARE (AS DEFINED BELOW). THE TERMS OF THE SOFTWARE LICENSE AGREEMENT
COVER THIS SOFTWARE (THE “INSTALLABLE
SOFTWARE”) AND ANY ACCOMPANYING DOCUMENTATION (THE “DOCUMENTATION”) (COLLECTIVELY, THE “SOFTWARE”).
WHAT IS THIS DOCUMENT?
This software
license agreement (the "Agreement")
is a binding agreement between you and Sling Media Inc. ("Sling Media"), and not with
Apple Inc. (“Apple”). As between Sling Media and Apple, Sling Media
(not Apple) is responsible for the Software and the contents thereof. Sling Media needs to have an agreed, written
record of the terms and conditions upon which we will make the Software available for your use to ensure that you understand
your rights and obligations. This EULA is not intended to provide for usage
rules for the Software that are less restrictive than the Usage Rules set forth
in, or otherwise be in conflict with, the App Store Terms of Service as of the
effective date of this Agreement.
TERMS AND CONDITIONS
ONLY CLICK ON THE “I ACCEPT” BUTTON BELOW OR INSTALL
OR USE THE SOFTWARE IF YOU WISH TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS
BELOW. BY USING THE SOFTWARE, YOU ARE
AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS AGREEMENT, PLEASE CLICK THE “I DO NOT ACCEPT” BUTTON; DO NOT THEN INSTALL, COPY, ACCESS OR MAKE ANY OTHER USE OF THE SOFTWARE.
If you do not accept all the terms of this Agreement,
then Sling Media is unwilling to license the Software to you.
1. Grant of License.
Subject to the terms and conditions of this Agreement and your continued compliance therewith, Sling Media grants a limited license for you, as a single user, to use the executable form of the Installable Software on any iPad that you own or control, and only as permitted by the Usage Rules set forth in the App Store Terms of Service. This license may not be transferred by you to any third party and is non-exclusive.
The license granted to you by Sling Media is solely for your personal, lawful, non-commercial use in connection with a Slingbox owned by you and connected to an audiovisual source that you are lawfully entitled to view.
All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "Marks") of Sling Media are and shall remain the exclusive property of the Sling Media. Nothing in this Agreement shall grant you the right or give you permission to use or reproduce any of these Marks.
Sling Media reserves all rights in the Software not expressly granted to you in this Agreement. If Sling Media provides you with any update or upgrade to the Software (“Update”), your use of such Update will be governed by the terms and conditions of this Agreement or other terms and conditions provided by Sling Media that relate to such Update.
2. Restrictions.
It is your responsibility to familiarize yourself with the relevant laws applicable to the content that you may access and view and the way in which you receive content through the Slingbox and to comply fully with such laws.
YOU AGREE THAT THE SOFTWARE WILL BE USED SOLELY FOR YOUR OWN PRIVATE AND PERSONAL PURPOSES, AND YOU WILL NOT PUBLICLY SHOW OR OTHERWISE MAKE AVAILABLE TO THE PUBLIC OR ANY UNAUTHORIZED PERSON ANY CONTENT DELIVERED THROUGH THE SOFTWARE. YOU WILL NOT ENCOURAGE OR INDUCE ANY USERS TO VIOLATE THE TERMS OF THEIR LICENSE AGREEMENT WITH SLING MEDIA, INCLUDING WITHOUT LIMITATION BY MAKING AVAILABLE TECHNOLOGY OR SERVICES DESIGNED TO FACILITATE SUCH VIOLATIONS.
Except as expressly specified in this Agreement, you may not:
You may only use the Software in connection with your personal Slingbox, and you may not use the Software to access or attempt to access another person’s Slingbox, nor may you use the Software for any illegal activity.
You may not share your administrator password, user password, Slingbox Finder ID, SlingAccounts registration ID or similar identifier used in connection with the Software (each a “Password”) with any third party. Similarly, you may not use any third party’s Password to access another person’s Slingbox.
The Installable Software, including but not limited to the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Sling Media and third parties. You shall not disassemble, decompile, “hack” into, or otherwise reverse engineer the Installable Software, in whole or in part, or permit or authorize a third party to do so, except to the extent such restrictions are expressly prohibited by applicable law.
You are solely responsible for any data or mobile telecommunications charges incurred by you as a result of your use of the Software or your Slingbox, and you shall comply with the terms and conditions of any data, telecommunications, Internet, broadcast or broadband service provider in connection with your use of your Slingbox and the Software.
3. Privacy.
Personal data obtained by Sling Media from you shall be held and processed in accordance with Sling Media's privacy policy, which is published at www.slingmedia.com.
4. Ownership.
The Software is licensed to you and not sold. You may own the media on which the Software is recorded, but Sling Media and its licensors retains ownership of the Software, including all intellectual property rights in the Software. The Software is protected by the intellectual property laws of the United States and international treaties and the copyright laws of the countries in which you may use the Software.
You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Software as delivered to you.
5. Support.
If you encounter any problems using the Software, please visit www.slingmedia.com for support information. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software. As between Sling Media and Apple, you acknowledge that Sling Media (not Apple) is responsible for addressing any claims of yours or any third party relating to the Software or your possession and/or use of that Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. Term and Termination of this Agreement.
This Agreement remains in force between you and Sling Media until terminated.
You may terminate this Agreement at any time by destroying all copies of the Software in your possession or control and ceasing your use of your Slingbox.
This Agreement will automatically terminate without notice if you breach any term of this Agreement, in which case you must promptly destroy all copies of the Software in your possession or control. If you breach this Agreement but then inform Sling Media promptly, Sling Media will normally give you an opportunity to put matters right within a reasonable time unless your breach is a serious misuse of the Software, which shall be assessed in Sling Media’s sole discretion.
7. Disclaimer.
ALL SOFTWARE IS PROVIDED “AS IS.” YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE, ACCURACE AND EFFECT OF THE SOFTARE.
SLING MEDIA AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, TO THE FULL EXTENT PERMITTED BY MANDATORY LAW.
The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.
In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and, subject to the terms and conditions of this Agreement, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Sling Media’s responsibility. As between Sling Media and Apple, you acknowledge that, in the event of any third party claim that the Software or your possession and use of that Software infringes that third party’s intellectual property rights, Sling Media (not Apple) will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
For clarity, this Section 7 does not limit Sling Media’s standard warranty provided to you in writing in connection with your purchase of any Slingbox or other Sling Media product.
8. Limitation of Liability.
SLING MEDIA’S AND ITS LICENSORS’ TOTAL
LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY
WILL NOT EXCEED THE LIABILITY ARISING FROM MANDATORY LAW.
IF NO MANDATORY LAW APPLIES OR TO THE
EXTENT MANDATORY LAW OTHERWISE PERMITS, SLING MEDIA’S AND ITS LICENSORS’ TOTAL
LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY
WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE USE OF
THE SOFTWARE. IN NO SUCH EVENT WILL
SLING MEDIA OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF
USE, DATA, BUSINESS OR PROFITS) OR FOR THE COST OF PROCURING SUBSTITUTE
PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR
PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED
UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR
OTHERWISE, AND WHETHER OR NOT SLING MEDIA OR ITS LICENSORS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY
SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the
exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
9. Government Users.
The Software is “commercial computer software” and “commercial computer software documentation” as such terms are used in FAR 12.212, DFAR 252.227-7014, and DFAR 252.227.7202. Any use, duplication, or disclosure of the Software by or on behalf of the U.S. government is subject to restrictions as set forth in this Agreement.
10. Export Law and Restricted Parties.
You are advised that the Software is subject to export laws and regulations of the United States. Under these laws neither the Software nor any technical data related to the Software may be sold, leased or transferred to any country or end-user prohibited by such laws and regulations. You agree to be bound by these laws. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
11. General.
This Agreement will be governed by and construed in accordance with the laws of the State of California and the United States, without regard to or application of conflicts of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply.
You must not transfer this Agreement, as it is personal to you, without written authority from Sling Media.
If you breach this Agreement including any of its terms or conditions and Sling Media takes no action, Sling Media will still be entitled to exercise its rights and remedies in any situation where you breach this Agreement.
This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter. If you are ordering through a purchase order or other ordering document, then any terms or conditions contained in such purchase order or other ordering document that are inconsistent with or in addition to the terms and conditions of this Agreement are hereby rejected by Sling Media and will be deemed null and of no effect. No amendment to or modification of this Agreement will be binding unless in writing and signed by Sling Media.
The original of this Agreement has been written in English, and that version will apply if there is any dispute between Sling Media and you. Les parties aux présentes confirment leur volonté que cette convention, de même que tous les documents, y compris tout avis, qui s¢y rattachent, soient rédigés en langue anglaise.
12. Contact Information. If you have any questions, complaints or
claims with respect to the Software or this Agreement, you may contact Sling
Media at support@slingmedia.com.
13. Third Party
Beneficiary. Apple, and Apple’s subsidiaries, are third
party beneficiaries of this Agreement, and upon your acceptance of the terms
and conditions of this Agreement, Apple will have the right (and will be deemed
to have accepted the right) to enforce this Agreement against you as a third
party beneficiary thereof
ONLY CLICK ON THE “I ACCEPT”
BUTTON BELOW OR INSTALL OR USE THE SOFTWARE, IF YOU WISH TO BE BOUND BY ALL OF
THE TERMS AND CONDITIONS IN THE AGREEMENT.
OTHERWISE, PLEASE CLICK THE “I DO NOT
ACCEPT” BUTTON.