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authorSamuli Suominen <ssuominen@gentoo.org>2009-12-01 17:03:07 +0000
committerSamuli Suominen <ssuominen@gentoo.org>2009-12-01 17:03:07 +0000
commitaef5cd640ed0c87c8c35b4e9753e41bad8421391 (patch)
tree14052d255bc82a354eb7faea6abd67138cea95ae /licenses
parentMask sci-visualization/labplot wrt #209757. (diff)
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Update media-tv/livestation EULA
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-rw-r--r--licenses/Livestation-EULA487
-rw-r--r--licenses/Livestation-EULA.txt551
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diff --git a/licenses/Livestation-EULA b/licenses/Livestation-EULA
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+IMPORTANT PLEASE READ CAREFULLY LIVESTATION SOFTWARE LICENCE
+
+This Software Licence (the "Agreement") is a legal agreement between you and
+Livestation Limited, a company incorporated in England and Wales (Company
+No: 6872775) having its registered office at 32 St James's Street, London
+SW1A 1HD (referred to in this Agreement as Livestation, We or Us as the
+context permits) granting you limited rights to download and use our
+software, subject to the terms of this Agreement.
+
+ALL PERSONAL INFORMATION OBTAINED FROM YOU BY US RELATING TO THIS
+AGREEMENT AND THE SOFTWARE IS SUBJECT TO OUR PRIVACY POLICY, LOCATED AT
+WWW.LIVESTATION.COM/PRIVACY. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS
+AGREEMENT, YOU SHOULD NOT DOWNLOAD OR USE THE SOFTWARE:
+
+THE PARTIES AGREE AS FOLLOWS:
+
+1. Software Licence
+
+We grant you a personal, non-exclusive, royalty-free, non-transferable,
+revocable licence during the Term to download and use the Livestation Player
+(the "Software") without the right to sub-licence such rights, solely on the
+terms and subject to the conditions of this Agreement. The "Term" means the
+period from the date that you download the Software until the date you stop
+using the Software.
+
+2. Registered and Licensed Users
+
+2.1 In order for you use the Software, you must register with us and provide
+us with an email address and obtain a unique password for accessing
+and using the Software (the "Password"). It is your responsibility to
+ensure that you keep your Password and other account details secure and
+confidential. They must not be disclosed to or used by any other person. You
+are responsible and wholly liable for all acts or omissions committed by any
+other person who accesses and / or uses the Software through or by means of
+your account or Password.
+
+2.2 Livestation delivers live television and radio broadcast programme
+services. Reception of these services may require a television or radio
+licence in some countries. You should ensure that your use of Livestation is
+covered by such a licence where required.
+
+2.3 Livestation also delivers desktop alerts and messages from time to time
+to your desktop by receipt of messages through your internet connection. You
+will need to keep your computer connected to the Internet to receive these
+messages.
+
+3. The User's Obligations
+
+3.1 You shall:
+
+(a) only use the Software in the manner, and for the purposes, expressly
+specified in this Agreement;
+
+(b) except as expressly provided in this Agreement, not use, reproduce,
+dispose of, deal with, rent, lease, loan, modify, adapt, reverse engineer,
+decompile or disassemble the whole or any part of the Software;
+
+(c) except as expressly provided in this Agreement, not copy, reproduce,
+republish, upload, post, transmit, or distribute the Software, or any
+portion thereof, or facilitate or permit any third party to do so;
+
+(d) not incorporate or allow the Software to be incorporated in any other
+software;
+
+(e) not attempt to access any systems, programs or data of ours that are not
+licensed under this Agreement;
+
+(f) not use any device or software to interfere or attempt to interfere with
+the proper operation of the Software;
+
+(g) keep confidential and not disclose (or make available any information on
+or relating to) the existence, features, functionality, capabilities or
+contents of the Software or your conclusions, opinions, findings or other
+information regarding the Software or your evaluation of the Software, or
+the contents of this Agreement (such confidentiality and non-disclosure
+obligations to survive the termination of this Agreement), provided that
+this Clause shall not extend to information which was rightfully in your
+possession prior to the negotiations leading to this Agreement, which was
+already public knowledge at the Acceptance Date or becomes so at a future
+date (otherwise than as a result of a breach of this Clause) or which you
+are legally required by applicable law, rule, regulation or lawful order or
+ruling of any court, government agency or regulatory commission to disclose,
+in which case you agree that you will provide us with prompt notice of such
+requirement to enable us to seek an appropriate protective order or to take
+steps to protect the confidentiality of our confidential information, and in
+the event such protection is not obtained or we waive compliance with the
+provisions of this Clause, you agree that you will disclose only that
+portion of the confidential information which you are legally required to
+disclose. For the avoidance of doubt, this Clause shall not apply to any
+information that we have expressly directed you to disclose or make
+available to us or any third party;
+
+(h) safeguard the Software from access by anyone other than yourself; and
+
+(i) not delete or in any manner alter any notices, disclaimers, insignia,
+lettering or other legends contained in the Software or appearing on any
+screens, documents, reports, numeric results or other materials obtained by
+you through use of the Software.
+
+3.2 Notwithstanding Clause 3.1(b) and provided that the EU Software
+Directive or other applicable law confers or may confer on you any right to
+decompile or disassemble any portion of the Software or its components you
+shall not attempt or commence any such disassembly or decompilation unless:
+(1) prior to such actual or attempted disassembly or decompilation, you have
+notified us in writing that you require such information as is necessary to
+permit you to create an independent program which can be operated with any
+portion of the Software or its components and we have not provided such
+information within one (1) month of your written request, and (2) the
+information so obtained is not used for any other purpose.
+
+3.3 You shall not copy or reproduce the Software other than as expressly
+permitted elsewhere in this Agreement, except that you may make one copy for
+backup and security purposes. You hereby acknowledge that all copies
+(whether complete copies or partial copies) made of the Software are our
+property.
+
+4. User Representations and Warranties
+
+4.1 You represent and warrant to us that you have authority to enter into
+this Agreement.
+
+4.2 Livestation allows users to create links to third-party streams. The
+streams' content, business practices and privacy policies are not under our
+control, and we are not responsible for the content of any linked stream,
+website or any link contained in a linked stream or website. The inclusion
+of a link by Livestation you add does not imply any endorsement by or any
+affiliation with Livestation. In accessing the streams or links or following
+links to third-party websites or streams you may be exposed to content that
+you consider offensive or inappropriate. You agree that your only recourse
+is to stop using Livestation or the streams or links. You may remove your
+link to a stream at any time.
+
+4.3 Livestation reserves the right to remove or modify any information,
+streams, links or user's account at any time without notice. In the event
+of complaint from any third party Livestation may contact you before
+removing or blocking access to any information but shall not be obliged to
+do so. Before viewing streams or adding links or other information you
+agree to confirm that doing so will not be in breach of any law or third
+party rights.
+
+4.4 You agree that we may copy, share, store, amend or delete any
+information we deem appropriate in the provision and operation of
+the Livestation service. This ability shall not reduce or amend your
+responsibility for ensuring that use of any information (including links and
+streams) you provide is legal. You recognise and agree that Livestation does
+not check the content of each link and you represent and warrant to
+Livestation that you have the right to grant, to Livestation a perpetual,
+non-exclusive, transferable, fully paid, worldwide license (with the right
+to sublicense) to use, copy, publicly perform, publicly display, reformat,
+translate, excerpt (in whole or in part) and distribute the material which
+you are linking to for any purpose connected with Livestation including
+commercial, advertising, or otherwise. You can remove a link at any time, if
+you choose to remove your link, the license granted above will automatically
+expire. You agree to hold harmless and indemnify Livestation in respect of
+any claim by any third party arising from your use of or creation of a link
+to a stream in Livestation.
+
+4.5 Livestation makes no warranties whatsoever regarding the license
+agreements required for accessing, and the information provided through, any
+stream or link, and disclaims all liability for damages, including without
+limitation, any general, special, incidental or consequential damages,
+resulting from their use. Livestation also reserves the right to collect
+information about creation and viewing of user added streams, including but
+not limited to anonymous usage information for statistical purposes.
+
+5. Liability
+
+5.1 Except as otherwise expressly provided in this Agreement:
+
+(a) the Software is provided "as-is" and, to the maximum extent permitted by
+applicable law, we disclaim all conditions and warranties of any kind,
+express (unless set out in this Agreement) or implied, regarding the
+Software or otherwise relating to this Agreement, including conditions and /
+or warranties of fitness for a particular purpose, satisfactory quality,
+merchantability, non-infringement and accuracy;
+
+(b) we do not warrant or represent that the Software is or will be accurate,
+free from defects, complete, without error, or free of viruses, worms, other
+harmful components, or other program limitations, or that it will function
+correctly or at all;
+
+(c) you assume the entire cost of all necessary servicing, repair, or
+correction of problems caused by viruses or other harmful components, or the
+failure of the Software to operate or operate correctly;
+
+(d) we make no warranties or representations as to the accuracy, quality,
+reliability, suitability, completeness, truthfulness, usefulness, or
+effectiveness of the Software; and
+
+(e) use of the Software is entirely at your own risk and we shall have no
+liability or responsibility to you under or in relation to this Agreement.
+
+5.2 You shall use the Software at your own risk and in no event shall we be
+liable to you for any loss or damage of any kind (except personal injury or
+death resulting from our negligence) arising from the your use of or
+inability to use the Software or from faults or defects in the Software
+whether caused by negligence or otherwise.
+
+5.3 The express terms of this Agreement are in lieu of all warranties,
+conditions, undertakings, terms and obligations implied by statute, common
+law, trade usage, course of dealing or otherwise all of which are hereby
+excluded to the fullest extent permitted by law.
+
+5.4 You agree to defend, indemnify and hold us harmless from any losses,
+liabilities, damages, actions, claims or expenses (including legal fees and
+court costs) arising or resulting from your breach of any term of this
+Agreement or caused by your acts or omissions or the acts or omissions of
+any other person using your Password or other account details.
+
+5.5 Nothing in this Agreement shall operate to avoid or exclude the
+liability of either party for death or personal injury caused by its
+negligence or for fraud.
+
+5.6 Subject to Clause 5.5, without prejudice to any provision of this
+Agreement, our maximum aggregate liability to you under or in relation to
+this Agreement or any matter arising out of it shall be 500 GBP.
+
+6. Term and termination
+
+6.1 This Agreement and your right to use the software shall be effective
+from the Acceptance Date and shall continue in force unless and until
+terminated in accordance with the provisions set out in this Clause 6.
+
+6.2 We may terminate this Agreement immediately without liability on written
+notice to you for any reason whatsoever.
+
+6.3 Without prejudice to Clause 6.2 above, this Agreement may also be
+terminated immediately by either party on giving notice in writing to the
+other if:
+
+(a) the other shall have a receiver or administrative receiver appointed or
+shall pass a resolution for winding-up (otherwise than for the purpose of a
+bona fide scheme of solvent amalgamation or reconstruction);
+
+(b) a court of competent jurisdiction shall make an order to that effect;
+
+(c) the other party shall become subject to an administration order;
+
+(d) the other party shall enter into any voluntary arrangement with its
+creditors;
+
+(e) the other party shall cease or threaten to cease to carry on business;
+or
+
+(f) the other party shall commit any breach of this Agreement.
+
+6.4 Any termination of this Agreement shall not affect any accrued rights or
+liabilities of either party nor shall it affect the coming into force or the
+continuance in force of any provision of this Agreement which is expressly
+or by implication intended to come into or continue in force on or after
+such termination.
+
+6.5 On termination of this Agreement, you must immediately cease using the
+Software and, unless we otherwise agree in writing, you may not directly or
+indirectly download, access or use the Software (or any other software made
+available by us). You must also destroy and / or delete all copies of the
+Software (and any materials provided in connection with it by us). Without
+prejudice to the foregoing, we shall also be entitled on termination of this
+Agreement to disable the Software if you have not destroyed / deleted it.
+
+6.6 Sections 3(g), 3(h), 5, 6.4, 6.5, 7, 8, 9, 13, and 14 shall survive this
+Agreement on termination.
+
+7. Reservation of rights
+
+7.1 We reserve the right to:
+
+(a) suspend access to the Software and replace it with another version at
+any time during the term of this Agreement;
+
+(b) disable the Software or require you to cease using it at any time; and
+
+(c) charge you for access to and use of the Software, by giving no less than
+7 days' notice in writing. If we have notified you of our decision to charge
+for use of the Software and you do not wish to pay for your use of the
+Software, you must notify us and cease absolutely to use the Software. On
+the sending of any such notice, this Agreement will automatically terminate.
+
+8. Intellectual Property Rights
+
+8.1 We or our licensors own all rights, title and interests in the Software
+including trade secrets, patents, copyrights and database rights, and the
+Software shall remain the sole and exclusive property of us or our
+licensors. Except as provided in Clause 1.1 of this Agreement, you have no,
+and are not granted, any right, title, interest or licence in the Software.
+
+8.2 You grant us a non-exclusive, perpetual, irrevocable, worldwide,
+royalty-free licence with the right to sublicense, use, copy, transmit,
+distribute, create derivative works of, display and perform the same
+in respect of any materials or other information (including, without
+limitation, ideas, concepts or techniques for new or improved services and
+products) submitted by you in connection with the Evaluation Process,
+whether as feedback, data, questions, comments, or suggestions.
+
+8.3 Livestation viewers using any of Livestation's interactive features
+agree that any statement, comment or other contributions made by Livestation
+users may be republished by Livestation and/or Livestation's partner
+broadcasters including, but not limited to, being broadcast live on-air.
+
+8.4 You agree and understand that any website logs, site statistics or other
+data collected by us (the "Site Statistics") shall be and remain our sole
+and exclusive property.
+
+8.5 This Agreement does not grant you a licence to use any of our trade
+marks, trade names, or logos, and you recognise that our trade marks, trade
+names and logos are valuable assets of ours and that substantial recognition
+and goodwill are associated with them. You agree that you shall not use or
+permit any third party to use, at any time, our trade marks, trade names, or
+logos.
+
+9. Hardware and Service Requirements
+
+9.1 You are solely responsible for acquiring, servicing, maintaining, and
+updating all equipment, computers, software and communications services not
+owned or operated by or on behalf of us, to enable you to download, access
+and use the Software, and for all expenses relating thereto (plus any
+applicable taxes). You agree to download, access and use the Software in
+accordance with any and all operating instructions or procedures that may be
+issued by us, as amended by us from time to time. You must promptly
+implement all updates, patches and upgrades to the Software and, if
+instructed, uninstall and replace the Software with any new versions or
+releases that we provide to you.
+
+10. Performance
+
+10.1 You understand and agree that the operation and availability of the
+systems used to transmit information or for accessing and interacting with
+the Software including, the public telephone, computer networks and the
+internet, whether or not supplied or made available by us, you or others,
+can be unpredictable and may, from time to time, interfere with or prevent
+the access to and/or the use or operation of the Software. We are not in any
+way responsible for any such interference with or prevention of your access
+and/or use of the Software.
+
+11. Training and Support
+
+11.1 Unless we otherwise agree, we will not provide any training or support
+to you relating to the Software.
+
+12. Notices
+
+12.1 Notices
+
+All questions or comments concerning this Agreement shall be submitted to us
+by you via email at support@livestation.com. All Notices to be given under
+this Agreement by you shall be sent to the same address, with a copy to
+notices@livestation.com.
+
+All Notices to be given under this Agreement to you by us shall be submitted
+via email to the address notified to us by you as part of the registration
+process, or such other email address as you may confirm to us by updating
+your registration details. It is your responsibility to ensure that you have
+provided us with current and correct email details. All Notices sent by us
+to the email address last provided by you shall be deemed valid and
+effective and we shall not be liable or responsible if any Notice fails to
+reach you because you have not provided us with the correct details or have
+failed to keep them up to date.
+
+12.2 Acceptance
+
+(a) By accepting below and providing us with your email address you agree
+and consent to: (i) contract electronically with us in accordance with this
+Agreement; and (ii) receipt of electronic legal notices regarding this
+Agreement to the email address you have provided to us.
+
+12.3 Agreement Please print a copy of this Agreement for your records and
+keep it securely.
+
+13. General Provisions
+
+13.1 Severability and Waiver
+
+If any provision of this Agreement is held by a court of competent
+jurisdiction or other competent authority to be invalid, unlawful or
+unenforceable for any reason then such part will be severed from the
+remainder of this Agreement, which will continue to be valid and enforceable
+to the fullest extent permitted by law. The parties agree to replace any
+invalid provision with a valid provision which most closely approximates the
+intent and economic effect of the invalid provision. In the event of a
+holding of invalidity so fundamental as to prevent the accomplishment of the
+purpose of the Agreement, the parties shall promptly commence good faith
+negotiations to remedy such invalidity. No delay on the part of either party
+in exercising any right or remedy under this Agreement shall operate as a
+waiver thereof nor shall any single or partial exercise of any right or
+remedy under this Agreement preclude any other or further exercise of such
+right or remedy.
+
+13.2 Definitions and Headings
+
+References to:
+
+(a) The "Software" include references to all modifications, patches,
+updates, upgrades, new versions and releases of the Software provided by us
+to you, unless provided to you under the terms of any separate licence
+agreement entered into between us.
+
+(b) "You" and "your" are to you, the individual who has accepted the terms
+and conditions of this Agreement;
+
+(c) "We", "us" and "our" are to Skinkers Limited, as defined above, and its.
+permitted successors and assignees Headings used in this Agreement are for.
+reference purposes only and do not define or limit the scope or extent of.
+the clauses to which they relate or in any way affect this Agreement .
+
+13.3 Assignment and Sub-contracting
+
+This Agreement and your rights, duties and obligations hereunder are
+personal to you and you may not assign your rights, delegate your duties or
+subcontract your rights without our prior written consent, which we may
+provide or withhold at our entire discretion. We may assign, transfer, or
+delegate this Agreement and / or all or any of our rights and obligations
+under it or grant or sub-contract all or any of such rights and obligations
+to any person or entity. The parties' rights and obligations will bind and
+inure to the benefit of their respective successors and permitted assigns.
+
+13.4 Independent Contractors
+
+The parties to this Agreement are independent contractors, and no agency,
+partnership, joint venture or employee-employer relationship is intended or
+created by this Agreement. Neither party shall have the power to obligate or
+bind the other party.
+
+13.5 Data Protection
+
+Both parties warrant that they will duly observe all their obligations under
+the Data Protection Act 1998 (as amended) which arise in connection with
+this Agreement.
+
+13.6 Amendments
+
+We reserve the right, at any time, to change the terms of this Agreement,
+including our privacy policy, by providing you with notice of such changes.
+Any use of the Software by you after such notification of any such changes
+shall constitute your acceptance of the Agreement as modified. This
+Agreement may not otherwise be amended except as agreed by both parties in
+writing.
+
+13.7 Entire Agreement
+
+(a) Each party acknowledges that, in entering into this Agreement, it does
+not do so on the basis of, and does not rely on, any representation,
+warranty or other provision except as expressly provided in the Agreement
+and all conditions, warranties or other terms implied by statute or common
+law are hereby excluded to the fullest extent permitted by law.
+
+(b) This document is the entire Agreement between the parties and supersedes
+all other agreements or arrangements, whether written or oral, express or
+implied.
+
+(c) You and we acknowledge and agree that the allocation of risk and
+liability contained in this Agreement is reasonable in all the circumstances
+having regard to all relevant factors including the functionality and
+capabilities of the Software and the testing and evaluation purposes of this
+licence.
+
+13.8 Injunctive Relief
+
+Each party acknowledges that a violation of Clauses 1, 3, 8, 9 and 10.1 of
+this Agreement would cause irreparable harm to the other party for which no
+adequate remedy at law exists and each party therefore agrees that, in
+addition to any other remedies available, the aggrieved party shall be
+entitled to seek injunctive relief to enforce the terms of Sections 1, 3, 8,
+9 and 10.1. The prevailing party shall be entitled to recover all costs and
+expenses, including reasonable legal fees incurred because of any such legal
+action.
+
+13.9 Force Majeure
+
+We will not be responsible for any failure to perform due to causes beyond
+our reasonable control, including, acts of God, acts of terrorism, war,
+riot, embargoes, acts of civil or military authorities, national disasters,
+strikes and the like.
+
+13.10 Contracts (Rights of Third Parties) Act 1999
+
+This Agreement is enforceable only by you and us and nothing in this
+Agreement confers or is to be deemed to confer a benefit on a person not a
+party to this Agreement. It is hereby agreed between the parties that the
+Contracts (Rights of Third Party) Act 1999 shall not apply to this
+Agreement.
+
+13.11 Law
+
+This Agreement shall be governed by and construed in accordance with English
+law and the parties submit to the exclusive jurisdiction of the English
+Courts.
+
diff --git a/licenses/Livestation-EULA.txt b/licenses/Livestation-EULA.txt
deleted file mode 100644
index 0c014bea851e..000000000000
--- a/licenses/Livestation-EULA.txt
+++ /dev/null
@@ -1,551 +0,0 @@
-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.