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ssuominen 09/04/29 08:11:56 |
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Added: Livestation-EULA.txt |
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Log: |
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Commit Livestation-EULA.txt for media-tv/livestation. |
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Revision Changes Path |
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1.1 licenses/Livestation-EULA.txt |
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file : http://sources.gentoo.org/viewcvs.py/gentoo-x86/licenses/Livestation-EULA.txt?rev=1.1&view=markup |
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plain: http://sources.gentoo.org/viewcvs.py/gentoo-x86/licenses/Livestation-EULA.txt?rev=1.1&content-type=text/plain |
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Index: Livestation-EULA.txt |
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=================================================================== |
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IMPORTANT PLEASE READ CAREFULLY LIVESTATION TECHNICAL TRIAL SOFTWARE |
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EVALUATION LICENCE |
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|
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This Technical Trial Software Evaluation Licence (the “Agreement”) |
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is a legal agreement between you and Skinkers Limited, a company |
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incorporated in England and Wales (Company No: 04120457) having its |
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registered office at Wellesley House, Duke of Wellington Avenue, Royal |
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Arsenal London, SE18 6SS granting you limited rights to download and use |
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our software, subject to the terms of this Agreement. |
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|
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YOU MUST READ THIS AGREEMENT CAREFULLY BEFORE INDICATING ACCEPTANCE |
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AT THE END BY CLICKING THE "I ACCEPT" BUTTON. ANY AND ALL PERSONAL |
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INFORMATION OBTAINED FROM YOU BY US RELATING TO THIS AGREEMENT |
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AND THE SOFTWARE IS SUBJECT TO OUR PRIVACY POLICY, LOCATED AT |
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WWW.LIVESTATION.COM/PRIVACY AND, BY CLICKING THE "I ACCEPT" BUTTON |
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BELOW, YOU ALSO AGREE TO THE TERMS AND CONDITIONS OF SUCH PRIVACY |
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POLICY. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS AGREEMENT, CLICK |
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ON THE "I DO NOT ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU |
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CLICK ON THE “I DO NOT ACCEPT” BUTTON YOU WILL NOT BE PERMITTED TO |
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DOWNLOAD AND USE THE SOFTWARE. RECITALS: |
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|
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(A) We have developed the Livestation software in a pre-production |
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(Technical trial) form (the “Software”) and we wish to grant a |
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limited number of users certain limited rights to use the Software for |
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the purposes of testing and evaluating its functionality. |
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|
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(B) You wish to participate in the Evaluation Process (as defined below) |
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and to use and evaluate the Software on the terms and conditions |
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contained in this Agreement. |
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|
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THE PARTIES AGREE AS FOLLOWS: |
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|
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1. Software Licence |
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|
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1.1 We grant you a personal, non-exclusive, royalty-free, |
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non-transferable, revocable licence during the Term to download and use |
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the Software solely for the purposes of testing and evaluation by you, |
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without the right to sub-licence such rights, solely on the terms and |
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subject to the conditions of this Agreement. The “Term” means the |
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period from the date that you accept this Agreement by clicking the |
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"I ACCEPT" button below (the “Acceptance Date”) until the date of |
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termination or expiry of this Agreement. |
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|
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1.2 You shall report promptly to us in such manner and formats as we may |
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designate all faults and problems you find with the Software and shall |
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co-operate with us in diagnosing and correcting such faults and problems |
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(the “Evaluation Process”). |
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|
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2. Registered and Licensed Users |
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|
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2.1 In order for you to download, access and use the Software, you must |
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register with us and provide us with an email address and obtain a |
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unique password for accessing and using the Software (the "Password"). |
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It is your responsibility to ensure that you keep your Password and |
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other account details secure and confidential. They must not be |
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disclosed to or used by any other person. You are responsible and wholly |
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liable for all acts or omissions committed by any other person who |
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accesses and / or uses the Software through or by means of your account |
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or Password. |
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|
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2.2 Livestation delivers live television and radio broadcast programme |
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services. Reception of these services may require a television or |
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radio licence in some countries. You should ensure that your use of |
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Livestation is covered by such a licence where required. |
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|
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2.3 Livestation also delivers desktop alerts and messages from time to |
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time to your desktop by receipt of messages through your internet connection. |
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You will need to keep your computer connected to the internet to receive these |
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messages. |
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|
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3. The User’s Obligations |
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|
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3.1 You shall: |
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|
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(a) only use the Software in the manner, and for the purposes, expressly |
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specified in this Agreement; |
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|
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(b) except as expressly provided in this Agreement, not use, reproduce, |
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dispose of, deal with, rent, lease, loan, modify, adapt, reverse |
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engineer, decompile or disassemble the whole or any part of the |
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Software; |
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|
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(c) except as expressly provided in this Agreement, not copy, reproduce, |
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republish, upload, post, transmit, or distribute the Software, or any |
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portion thereof, or facilitate or permit any third party to do so; |
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|
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(d) not incorporate or allow the Software to be incorporated in any |
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other software; |
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|
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(e) not attempt to access any systems, programs or data of ours that are |
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not licensed under this Agreement; |
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|
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(f) not use any device or software to interfere or attempt to interfere |
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with the proper operation of the Software; |
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|
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(g) keep confidential and not disclose (or make available any |
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information on or relating to) the existence, features, functionality, |
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capabilities or contents of the Software or your conclusions, opinions, |
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findings or other information regarding the Software or your evaluation |
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of the Software, or the contents of this Agreement (such confidentiality |
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and non-disclosure obligations to survive the termination of this |
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Agreement), provided that this Clause shall not extend to information |
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which was rightfully in your possession prior to the negotiations |
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leading to this Agreement, which was already public knowledge at the |
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Acceptance Date or becomes so at a future date (otherwise than as a |
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result of a breach of this Clause) or which you are legally required |
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by applicable law, rule, regulation or lawful order or ruling of any |
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court, government agency or regulatory commission to disclose, in |
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which case you agree that you will provide us with prompt notice of |
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such requirement to enable us to seek an appropriate protective order |
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or to take steps to protect the confidentiality of our confidential |
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information, and in the event such protection is not obtained or we |
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waive compliance with the provisions of this Clause, you agree that |
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you will disclose only that portion of the confidential information |
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which you are legally required to disclose. For the avoidance of doubt, |
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this Clause shall not apply to any information that we have expressly |
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directed you to disclose or make available to us or any third party; |
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|
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(h) safeguard the Software from access by anyone other than yourself; |
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and |
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|
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(i) not delete or in any manner alter any notices, disclaimers, |
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insignia, lettering or other legends contained in the Software or |
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appearing on any screens, documents, reports, numeric results or other |
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materials obtained by you through use of the Software. |
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|
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3.2 Notwithstanding Clause 3.1(b) and provided that the EU Software |
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Directive or other applicable law confers or may confer on you any |
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right to decompile or disassemble any portion of the Software or its |
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components you shall not attempt or commence any such disassembly or |
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decompilation unless: (1) prior to such actual or attempted disassembly |
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or decompilation, you have notified us in writing that you require such |
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information as is necessary to permit you to create an independent |
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program which can be operated with any portion of the Software or its |
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components and we have not provided such information within one (1) |
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month of your written request, and (2) the information so obtained is |
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not used for any other purpose. |
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|
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3.3 You shall not copy or reproduce the Software other than as expressly |
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permitted elsewhere in this Agreement, except that you may make one copy |
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for backup and security purposes. You hereby acknowledge that all copies |
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(whether complete copies or partial copies) made of the Software are our |
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property. |
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|
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4. User Representations and Warranties |
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|
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4.1 You represent and warrant to us that you have authority to enter |
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into this Agreement, and that you will participate in the Evaluation |
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Process with reasonable skill and care. |
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|
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4.2 Livestation allows users to create links to third-party streams. |
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The streams’ content, business practices and privacy policies are |
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not under our control, and we are not responsible for the content of |
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any linked stream, website or any link contained in a linked stream or |
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website. The inclusion of a link by Livestation you add does not imply |
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any endorsement by or any affiliation with Livestation. In accessing |
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the streams or links or following links to third-party websites or |
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streams you may be exposed to content that you consider offensive or |
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inappropriate. You agree that your only recourse is to stop using |
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Livestation or the streams or links. You may remove your link to a |
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stream at any time. |
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|
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4.3 Livestation reserves the right to remove or modify any |
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information, streams, links or user’s account at any time without |
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notice. In the event of complaint from any third party Livestation may |
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contact you before removing or blocking access to any information but |
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shall not be obliged to do so. Before viewing streams or adding links |
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or other information you agree to confirm that doing so will not be in |
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breach of any law or third party rights. |
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|
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4.4 You agree that we may copy, share, store, amend or delete any |
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information we deem appropriate in the provision and operation of |
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the Livestation service. This ability shall not reduce or amend your |
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responsibility for ensuring that use of any information (including |
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links and streams) you provide is legal. You recognise and agree |
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that Livestation does not check the content of each link and you |
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represent and warrant to Livestation that you have the right to grant, |
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to Livestation a perpetual, non-exclusive, transferable, fully paid, |
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worldwide license (with the right to sublicense) to use, copy, publicly |
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perform, publicly display, reformat, translate, excerpt (in whole or |
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in part) and distribute the material which you are linking to for any |
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purpose connected with Livestation including commercial, advertising, or |
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otherwise. You can remove a link at any time, if you choose to remove |
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your link, the license granted above will automatically expire. You |
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agree to hold harmless and indemnify Livestation in respect of any claim |
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by any third party arising from your use of or creation of a link to a |
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stream in Livestation. |
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|
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4.5 Livestation makes no warranties whatsoever regarding the license |
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agreements required for accessing, and the information provided through, |
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any stream or link, and disclaims all liability for damages, including |
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without limitation, any general, special, incidental or consequential |
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damages, resulting from their use. Livestation also reserves the right |
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to collect information about creation and viewing of user added streams, |
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including but not limited to anonymous usage information for statistical |
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purposes. |
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|
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5. Liability |
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|
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5.1 Except as otherwise expressly provided in this Agreement: |
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|
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(a) the Software is provided "as-is" and, to the maximum extent |
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permitted by applicable law, we disclaim all conditions and warranties |
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of any kind, express (unless set out in this Agreement) or implied, |
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regarding the Software or otherwise relating to this Agreement, |
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including conditions and / or warranties of fitness for a particular |
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purpose, satisfactory quality, merchantability, non-infringement and |
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accuracy; |
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|
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(b) we do not warrant or represent that the Software is or will be |
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accurate, free from defects, complete, without error, or free of |
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viruses, worms, other harmful components, or other program limitations, |
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or that it will function correctly or at all; |
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|
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(c) you assume the entire cost of all necessary servicing, repair, or |
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correction of problems caused by viruses or other harmful components, or |
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the failure of the Software to operate or operate correctly; |
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|
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(d) we make no warranties or representations as to the accuracy, |
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quality, reliability, suitability, completeness, truthfulness, |
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usefulness, or effectiveness of the Software; and |
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|
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(e) use of the Software is entirely at your own risk and we shall have |
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no liability or responsibility to you under or in relation to this |
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Agreement. |
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|
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5.2 You shall use the Software at your own risk and in no event shall |
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we be liable to you for any loss or damage of any kind (except personal |
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injury or death resulting from our negligence) arising from the your use |
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of or inability to use the Software or from faults or defects in the |
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Software whether caused by negligence or otherwise. |
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|
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5.3 The express terms of this Agreement are in lieu of all warranties, |
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conditions, undertakings, terms and obligations implied by statute, |
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common law, trade usage, course of dealing or otherwise all of which are |
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hereby excluded to the fullest extent permitted by law. |
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|
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5.4 You agree to defend, indemnify and hold us harmless from any losses, |
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liabilities, damages, actions, claims or expenses (including legal |
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fees and court costs) arising or resulting from your breach of any |
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term of this Agreement or caused by your acts or omissions or the acts |
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or omissions of any other person using your Password or other account |
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details. |
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|
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5.5 Nothing in this Agreement shall operate to avoid or exclude the |
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liability of either party for death or personal injury caused by its |
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negligence or for fraud. |
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|
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5.6 Subject to Clause 5.5, without prejudice to any provision of this |
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Agreement, our maximum aggregate liability to you under or in relation |
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to this Agreement or any matter arising out of it shall be £500. |
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|
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6. Term and termination |
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|
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6.1 This Agreement and your right to use the Software shall be |
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effective from the Acceptance Date and shall continue in force unless |
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and until terminated in accordance with the provisions set out in this |
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Clause 6. |
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|
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6.2 We may terminate this Agreement immediately without liability on |
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written notice to you for any reason whatsoever. |
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|
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6.3 Without prejudice to Clause 6.2 above, this Agreement may also be |
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terminated immediately by either party on giving notice in writing to |
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the other if: |
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|
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(a) the other shall have a receiver or administrative receiver |
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appointed or shall pass a resolution for winding-up (otherwise than |
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for the purpose of a bona fide scheme of solvent amalgamation or |
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reconstruction); |
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|
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(b) a court of competent jurisdiction shall make an order to that |
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effect; |
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|
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(c) the other party shall become subject to an administration order; |
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|
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(d) the other party shall enter into any voluntary arrangement with its |
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creditors; |
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|
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(e) the other party shall cease or threaten to cease to carry on |
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business; or |
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|
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(f) the other party shall commit any breach of this Agreement. |
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|
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6.4 Any termination of this Agreement shall not affect any accrued |
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rights or liabilities of either party nor shall it affect the coming |
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into force or the continuance in force of any provision of this |
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Agreement which is expressly or by implication intended to come into or |
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continue in force on or after such termination. |
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|
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6.5 On termination of this Agreement, you must immediately cease using |
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the Software and, unless we otherwise agree in writing, you may not |
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directly or indirectly download, access or use the Software (or any |
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other software made available by us). You must also destroy and / |
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or delete all copies of the Software (and any materials provided in |
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connection with it by us). Without prejudice to the foregoing, we |
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shall also be entitled on termination of this Agreement to disable the |
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Software if you have not destroyed / deleted it. |
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|
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6.6 Sections 3(g), 3(h), 5, 6.4, 6.5, 7, 8, 9, 13, and 14 shall survive |
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this Agreement on termination. |
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|
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7. Reservation of rights |
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|
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7.1 We reserve the right to: |
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|
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(a) suspend access to the Software and replace it with another version |
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at any time during the term of this Agreement; |
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|
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(b) disable the Software or require you to cease using it at any time; |
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and |
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|
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(c)charge you for access to and use of the Software, by giving no |
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less than 7 days’ notice in writing. If we have notified you of our |
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decision to charge for use of the Software and you do not wish to pay |
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for your use of the Software, you must notify us and cease absolutely to |
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use the Software. On the sending of any such notice, this Agreement will |
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automatically terminate. |
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|
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8. Intellectual Property Rights |
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|
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8.1 We or our licensors own all rights, title and interests in the |
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Software including trade secrets, patents, copyrights and database |
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rights, and the Software shall remain the sole and exclusive property of |
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us or our licensors. Except as provided in Clause 1.1 of this Agreement, |
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you have no, and are not granted, any right, title, interest or licence |
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in the Software. |
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|
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8.2 You grant us a non-exclusive, perpetual, irrevocable, worldwide, |
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royalty-free licence with the right to sublicense, use, copy, transmit, |
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distribute, create derivative works of, display and perform the same |
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in respect of any materials or other information (including, without |
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limitation, ideas, concepts or techniques for new or improved services |
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and products) submitted by you in connection with the Evaluation |
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Process, whether as feedback, data, questions, comments, or suggestions. |
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|
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8.3 Livestation viewers using any of Livestation's interactive features |
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agree that any statement, comment or other contributions made by Livestation |
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users may be republished by Livestation and/or Livestation's partner |
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broadcasters including, but not limited to, being broadcast live on-air. |
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|
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8.4 You agree and understand that any website logs, site statistics or |
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other data collected by us (the “Site Statistics”) shall be and |
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remain our sole and exclusive property. |
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|
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8.5 This Agreement does not grant you a licence to use any of our trade |
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marks, trade names, or logos, and you recognise that our trade marks, |
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trade names and logos are valuable assets of ours and that substantial |
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recognition and goodwill are associated with them. You agree that you |
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shall not use or permit any third party to use, at any time, our trade |
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marks, trade names, or logos. |
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|
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9. Hardware and Service Requirements |
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|
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9.1 You are solely responsible for acquiring, servicing, maintaining, |
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and updating all equipment, computers, software and communications |
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services not owned or operated by or on behalf of us, to enable you to |
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download, access and use the Software, and for all expenses relating |
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thereto (plus any applicable taxes). You agree to download, access and |
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use the Software in accordance with any and all operating instructions |
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or procedures that may be issued by us, as amended by us from time to |
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time. You must promptly implement all updates, patches and upgrades to |
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the Software and, if instructed, uninstall and replace the Software with |
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any new versions or releases that we provide to you. |
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|
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10. Performance |
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|
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10.1 Use of the Software enables users to view alerts, messages and |
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other content transmitted or made available by us or our Authorised |
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Licensees over a peer-to-peer network. By downloading the Software |
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and entering into this Agreement, you acknowledge and agree that your |
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internet connection, computer and related equipment and resources (for |
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example, a home Wi-Fi network) may be used by you for viewing such |
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content and that they may also be used for retransmitting such content |
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to other users on the peer-to-peer network. Use of the Software may |
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impact your system resources and bandwidth usage. You agree to us |
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sending you messages and alerts using the Software. Any charges imposed |
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by your ISP for such bandwidth usage are your responsibility. For the |
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avoidance of doubt, unless you have entered into a separate licence |
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agreement with us under which you are expressly permitted to transmit |
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content over the Livestation peer-to-peer network, you are not an |
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Authorised Licensee and you may not, under any circumstances whatsoever, |
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transmit any content over the peer-to-peer network or by means of our |
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Software except such content as we have made available to you and which |
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is automatically retransmitted by the Software without any intervention |
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by you. |
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|
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10.2 You understand and agree that the operation and availability of the |
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systems used to transmit information or for accessing and interacting |
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with the Software including, the public telephone, computer networks and |
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the internet, whether or not supplied or made available by us, you or |
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others, can be unpredictable and may, from time to time, interfere with |
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or prevent the access to and/or the use or operation of the Software. |
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We are not in any way responsible for any such interference with or |
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prevention of your access and/or use of the Software. |
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|
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11. Training and Support |
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|
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11.1 Unless we otherwise agree, we will not provide any training or |
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support to you relating to the Software. |
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|
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12. Notices |
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|
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12.1 Notices |
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|
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All questions or comments concerning this Agreement shall be submitted |
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to us by you via email at support@×××××××××××.com. All Notices to be |
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given under this Agreement by you shall be sent to the same address, |
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with a copy to notices@×××××××××××.com. |
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|
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All Notices to be given under this Agreement to you by us shall be |
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submitted via email to the address notified to us by you as part of the |
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registration process, or such other email address as you may confirm to |
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us by updating your registration details. It is your responsibility to |
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ensure that you have provided us with current and correct email details. |
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All Notices sent by us to the email address last provided by you shall |
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be deemed valid and effective and we shall not be liable or responsible |
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if any Notice fails to reach you because you have not provided us with |
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the correct details or have failed to keep them up to date. |
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|
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12.2Acceptance |
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|
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(a) By accepting below and providing us with your email address you |
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agree and consent to: (i) contract electronically with us in accordance |
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with this Agreement; and (ii) receipt of electronic legal notices |
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regarding this Agreement to the email address you have provided to us. |
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|
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12.3 Agreement Please print a copy of this Agreement for your records |
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and keep it securely. |
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|
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13. General Provisions |
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|
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13.1 Severability and Waiver |
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|
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If any provision of this Agreement is held by a court of competent |
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jurisdiction or other competent authority to be invalid, unlawful |
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or unenforceable for any reason then such part will be severed from |
452 |
the remainder of this Agreement, which will continue to be valid and |
453 |
enforceable to the fullest extent permitted by law. The parties agree to |
454 |
replace any invalid provision with a valid provision which most closely |
455 |
approximates the intent and economic effect of the invalid provision. |
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In the event of a holding of invalidity so fundamental as to prevent |
457 |
the accomplishment of the purpose of the Agreement, the parties shall |
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promptly commence good faith negotiations to remedy such invalidity. |
459 |
No delay on the part of either party in exercising any right or remedy |
460 |
under this Agreement shall operate as a waiver thereof nor shall any |
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single or partial exercise of any right or remedy under this Agreement |
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preclude any other or further exercise of such right or remedy. |
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|
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13.2 Definitions and Headings |
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|
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References to: |
467 |
|
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(a) The “Software” include references to all modifications, patches, |
469 |
updates, upgrades, new versions and releases of the Software provided |
470 |
by us to you, unless provided to you under the terms of any separate |
471 |
licence agreement entered into between us. |
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|
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(b) “You” and “your” are to you, the individual who has accepted |
474 |
the terms and conditions of this Agreement; |
475 |
|
476 |
(c) “We”, “us” and “our” are to Skinkers Limited, as . |
477 |
defined above, and its permitted successors and assignees Headings used. |
478 |
in this Agreement are for reference purposes only and do not define or . |
479 |
limit the scope or extent of the clauses to which they relate or in any. |
480 |
way affect this Agreement . |
481 |
|
482 |
13.3 Assignment and Sub-contracting |
483 |
|
484 |
This Agreement and your rights, duties and obligations hereunder are |
485 |
personal to you and you may not assign your rights, delegate your duties |
486 |
or subcontract your rights without our prior written consent, which |
487 |
we may provide or withhold at our entire discretion. We may assign, |
488 |
transfer, or delegate this Agreement and / or all or any of our rights |
489 |
and obligations under it or grant or sub-contract all or any of such |
490 |
rights and obligations to any person or entity. The parties’ rights |
491 |
and obligations will bind and inure to the benefit of their respective |
492 |
successors and permitted assigns. |
493 |
|
494 |
13.4 Independent Contractors |
495 |
|
496 |
The parties to this Agreement are independent contractors, and no |
497 |
agency, partnership, joint venture or employee-employer relationship |
498 |
is intended or created by this Agreement. Neither party shall have the |
499 |
power to obligate or bind the other party. |
500 |
|
501 |
13.5 Data Protection |
502 |
|
503 |
Both parties warrant that they will duly observe all their obligations |
504 |
under the Data Protection Act 1998 (as amended) which arise in |
505 |
connection with this Agreement. |
506 |
|
507 |
13.6 Amendments |
508 |
|
509 |
We reserve the right, at any time, to change the terms of this |
510 |
Agreement, including our privacy policy, by providing you with notice of |
511 |
such changes. Any use of the Software by you after such notification of |
512 |
any such changes shall constitute your acceptance of the Agreement as |
513 |
modified. This Agreement may not otherwise be amended except as agreed |
514 |
by both parties in writing. |
515 |
|
516 |
13.7 Entire Agreement |
517 |
|
518 |
(a) Each party acknowledges that, in entering into this Agreement, |
519 |
it does not do so on the basis of, and does not rely on, any |
520 |
representation, warranty or other provision except as expressly provided |
521 |
in the Agreement and all conditions, warranties or other terms implied |
522 |
by statute or common law are hereby excluded to the fullest extent |
523 |
permitted by law. |
524 |
|
525 |
(b) This document is the entire Agreement between the parties and |
526 |
supersedes all other agreements or arrangements, whether written or |
527 |
oral, express or implied. |
528 |
|
529 |
(c) You and we acknowledge and agree that the allocation of risk |
530 |
and liability contained in this Agreement is reasonable in all the |
531 |
circumstances having regard to all relevant factors including the |
532 |
functionality and capabilities of the Software and the testing and |
533 |
evaluation purposes of this licence. |
534 |
|
535 |
13.8 Injunctive Relief |
536 |
|
537 |
Each party acknowledges that a violation of Clauses 1, 3, 8, 9 and 10.1 |
538 |
of this Agreement would cause irreparable harm to the other party for |
539 |
which no adequate remedy at law exists and each party therefore agrees |
540 |
that, in addition to any other remedies available, the aggrieved party |
541 |
shall be entitled to seek injunctive relief to enforce the terms of |
542 |
Sections 1, 3, 8, 9 and 10.1. The prevailing party shall be entitled to |
543 |
recover all costs and expenses, including reasonable legal fees incurred |
544 |
because of any such legal action. |
545 |
|
546 |
13.9 Force Majeure |
547 |
|
548 |
We will not be responsible for any failure to perform due to causes |
549 |
beyond our reasonable control, including, acts of God, acts of |
550 |
terrorism, war, riot, embargoes, acts of civil or military authorities, |
551 |
national disasters, strikes and the like. |
552 |
|
553 |
13.10 Contracts (Rights of Third Parties) Act 1999 |
554 |
|
555 |
This Agreement is enforceable only by you and us and nothing in this |
556 |
Agreement confers or is to be deemed to confer a benefit on a person not |
557 |
a party to this Agreement. It is hereby agreed between the parties that |
558 |
the Contracts (Rights of Third Party) Act 1999 shall not apply to this |
559 |
Agreement. |
560 |
|
561 |
13.11 Law |
562 |
|
563 |
This Agreement shall be governed by and construed in accordance with |
564 |
English law and the parties submit to the exclusive jurisdiction of the |
565 |
English Courts. |