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diff --git a/licenses/Livestation-EULA.txt b/licenses/Livestation-EULA.txt new file mode 100644 index 000000000000..0c014bea851e --- /dev/null +++ b/licenses/Livestation-EULA.txt @@ -0,0 +1,551 @@ +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. |