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authorMichał Górny <mgorny@gentoo.org>2020-10-26 09:21:08 +0100
committerMichał Górny <mgorny@gentoo.org>2020-10-26 09:21:08 +0100
commit32d818ed4017468ac9a16229247162c3c6dcae42 (patch)
tree05683291c7d3ae8cca38506c7820614255073ef6 /licenses/Plex
parentsci-geosciences/viking: Fix obsolete <pkg/> (diff)
downloadgentoo-32d818ed4017468ac9a16229247162c3c6dcae42.tar.gz
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gentoo-32d818ed4017468ac9a16229247162c3c6dcae42.zip
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-Plex Terms of Service
-
-Revised July 10, 2015
-
-Thank you for using Plex! By accessing, using, downloading, or visiting
-any Plex “Service(s)”, which includes the Plex website, Plex software
-and products described here, and any other products or materials
-provided by Plex GmbH, a Swiss company, and its affiliates (together,
-“Plex”), you agree to the terms (“Terms”) listed in this agreement
-(“Agreement”). Plex reserves the right to amend these Terms at any time
-and without notice. Any revisions to the Terms will be posted on the
-Plex website. By continuing to access or use the Services, you accept
-any changes or revisions to the Terms.
-
-Plex Software
-
-A. Plex grants you a personal, non-commercial, worldwide, royalty-free,
- revocable, non-transferable, non-sublicensable, and non-exclusive
- license to use the software provided to you by Plex as part of the
- Services (“Software”). This license is for the sole purpose of
- enabling you to use and enjoy the benefit of the Services in the
- manner permitted by these Terms.
-
-B. The Software includes certain executable modules that Plex has
- licensed from third party providers (“Third Party Components”) that
- may be subject to different end user license terms as specified in
- the license agreement(s) provided with such Third Party Components.
-
-C. Except as provided in the next section, you may not, or allow anyone
- else to, directly or indirectly to: (1) copy, modify, distribute,
- sell, or lease any part of the Software; (2) reverse engineer,
- disassemble, decompile, or otherwise attempt to discover the source
- code or structure, sequence, and/or organization of all or any part
- of the Software, unless laws prohibit those restrictions or you have
- our written permission; (3) rent, lease, or use the Software for
- timesharing or service bureau purposes; (4) develop any improvement,
- modification, or derivative works of the Software, or include any
- portion thereof in any other product, software, work, equipment, or
- item (except that you may customize and/or modify the Software only
- as set forth in the documentation or as authorized in any license
- agreement of Plex’s third party licensors and applicable to Third
- Party Components); or (5) allow the transfer, transmission, export,
- or re-export of the Software or any portion thereof or any technical
- data associated with any Software.
-
-D. Plex grants you a personal, non-commercial, worldwide, royalty-free,
- revocable, non-transferable, non-sublicensable, and non-exclusive
- license to reproduce the Plex Media Server Software (PMS Software) in
- copies and distribute the copies to others, provided that: you may
- not charge a fee for the PMS Software, and you may not individually
- charge for installing it; you may copy, distribute and install the
- PMS Software only as others actually need the PMS Software, and not
- more than five (5) times per calendar day or more than twenty-five
- (25) times per calendar month; you may not offer the PMS Software to
- the public for downloading on or in connection with any commercial
- online site, whether or not a fee is charged for the PMS Software;
- you shall comply with all other terms and conditions set forth in
- this document; you agree that Plex may revoke or terminate the
- license granted to you under this paragraph at any time for any
- reason in its sole discretion. As an example, this section is
- intended to permit reasonable copying and distribution of the PMS
- Software in connection with services such as home theater or home
- media center installation in which you install the PMS Software on
- the computers of your customers as a convenience in connection with
- other services or products that you are providing to them, and/or in
- Arch Linux repositories and similar distributions.
-
-E. You shall maintain and shall not remove nor obscure any
- proprietary notices on the Software, and shall reproduce such
- notices exactly on all permitted copies of the Software.
-
-F. You may reverse engineer the Software solely (1) as permitted by
- applicable law, or (2) for the purpose of debugging modifications
- made by you to certain third party files in source code format that
- are licensed under the GNU Lesser General Public License (LGPL) or
- under the GNU General Public License version 2 (GPL2) and only
- provided that you have made, prior to any such reverse engineering
- permitted under this sentence, unsuccessful prior reasonable good
- faith efforts to debug such modifications using techniques other than
- the reverse engineering of the Software.
-
-G. As between the parties and except as otherwise provided in any
- license agreement for Third Party Components, Plex shall own all
- title, ownership rights, and intellectual property rights in and to
- the Software, and any copies or derivative works thereof, except that
- by downloading the Software, you retain any title that you may own in
- and to the recording media on which the Software is recorded.
-
-H. You understand that Plex or its licensors may modify or discontinue
- offering the Services at any time.
-
-I. You shall not make, or assist others in making, any use of data
- adapters or similar technologies used by or with the Services that
- are designed to receive and use data from Plex, its third party data
- providers, and their affiliates and third parties, other than to
- receive and use such data in accordance with these Terms and your
- agreement with the third party data providers, and their affiliates
- and third parties, including without limitation any data passing
- through the Services or otherwise effectively made available by any
- Service through an API, a download, a database, or the like.
-
-J. This Agreement does not entitle you to any support, upgrades,
- patches, enhancements, or fixes (collectively, “Support”) for the
- Services. Any such Support for the Services that may be made
- available by Plex, in its sole discretion, shall become part of the
- Services and will be subject to these Terms.
-
-Data
-
-Data provided by Plex or other third party data providers may be
-delayed or unavailable as specified by Plex or such third party data
-providers. Plex does not verify any data provided by Plex or other
-third party data providers and disclaims any obligation to do so. Plex,
-its third party data providers, and each of their affiliates and
-business partners: (1) expressly disclaim the availability, accuracy,
-adequacy, or completeness of any data or third party data provider, and
-(2) shall not be liable for any errors, omissions, or other defects in,
-unavailability of, delays or interruptions in such data or third party
-data provider.
-
-Acceptable Use
-
-A. You may not, or allow anyone else to, use any of the Services to do
- the following:
-
- i. Infringe the intellectual property rights, proprietary rights,
- or rights of publicity or privacy of any third party;
-
- ii. Violate any law, statute, ordinance, or regulation, or perform
- any other action that would incur civil liability or constitute
- a crime;
-
- iii. Disseminate, transfer or store information or materials in any
- form or format that is harmful, threatening, abusive,
- harassing, tortuous, defamatory, vulgar, obscene, libelous, or
- otherwise objectionable, or that otherwise violate any law or
- right of any third party; or
-
- iv. Disseminate any software viruses or any other computer code,
- files, programs, or the like that may without limitation
- interrupt, destroy, or limit the functionality of any computer
- software or hardware or telecommunications equipment, violate
- the security of any computer network, or the like.
-
-B. If the occurrence of any prohibited use comes to our attention, we
- reserve the right to disable any accounts associated with prohibited
- use or otherwise terminate your access to the Services.
-
-Your Content
-
-A. You continue to retain any ownership rights you have in content you
- make available via the Services, or otherwise use in conjunction with
- the Services. However, by using the Services with particular content,
- for example by using the Services to share particular content or
- access particular content, you grant to Plex (and to each of the
- third parties with whom we work to provide you with the Services) a
- worldwide license to reproduce, modify, create derivative works,
- transmit, publish, publicly perform, publicly display, distribute,
- and otherwise use the particular content and metadata associated with
- the content, such as images of you or images otherwise associated
- with your account. The rights you grant us in this license are only
- for the limited purpose of providing you with our Services. You may
- not use the Services in connection with any content for which you do
- not have the right to grant us this license.
-
-B. The Services may include features that allow you to share your
- content with others. Please be careful when choosing to share content
- with other users; Plex is not responsible for how others use your
- content. Additionally, you hereby grant to any user with whom you
- share content a non-exclusive license to access the content through
- the Service, and to use, reproduce in copies, distribute, display and
- perform the shared content as permitted through the functionality of
- the Service and under this Agreement. You may not share any content
- with others via the Services if you do not have the right to grant
- this license to any user with whom you share the content.
-
-C. You understand that Plex may delete any content that you post in or
- contribute to a message forum or similar service that Plex hosts, in
- its sole discretion, for any reason.
-
-Content of Others
-
-A. You acknowledge that all content that you access through use of the
- Software or other Services is accessed at your own risk, and you will
- be solely responsible for any damage or liability to any party
- resulting from such access.
-
-B. You understand that by using the Services you may encounter content
- that you may find offensive, indecent, or objectionable. Plex does
- not inspect, screen, or otherwise control the content that is posted,
- shared or made available via the Services, and Plex does not
- guarantee the accuracy, integrity or quality of such content.
-
-C. You acknowledge that unauthorized use of copyrighted content of
- others may subject you to civil and criminal penalties, including
- possible monetary damages, for copyright infringement.
-
-Developers and Interfacing Software
-
-A. “Interfacing Software” means any software that you obtain or provide
- and that accesses or calls any Software provided by Plex as part of
- the Services including, but not limited to, plug-ins for the
- Services, channel plug-ins, metadata agents, and client applications
- that communicate directly or indirectly with the Services.
-
-B. By making, or assisting others in making, Interfacing Software, you
- agree to the following terms:
-
- i. You grant Plex and its affiliates worldwide a worldwide,
- non-exclusive, and royalty-free right and license to use
- (including testing, hosting and linking to), copy, publicly
- perform, publicly display, reproduce in copies for
- distribution, and distribute the copies of any Interfacing
- Software made by you or with your assistance.
-
- ii. You will include in the source code of the Interfacing
- Software a copyright notice of the form: Copyright © <year>
- <copyright holders>. You grant, and authorize Plex to grant on
- your behalf if necessary, a license, free of charge, to any
- person obtaining a copy of the Interfacing Software and
- associated documentation files from Plex, to deal in the
- Interfacing Software without restriction, including without
- limitation the rights to use, copy, modify, merge, publish,
- distribute, sublicense, and/or sell copies of the Interfacing
- Software, and to permit persons to whom the Interfacing
- Software is furnished to do so, subject to the following
- conditions: The above copyright notice and this permission
- notice shall be included in all copies or substantial portions
- of the Interfacing Software. THE INTERFACING SOFTWARE IS
- PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
- IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
- MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
- NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
- HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
- WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
- FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
- OTHER DEALINGS IN THE INTERFACING SOFTWARE.
-
- iii. You may notify us if you do not wish for Plex to use,
- distribute, copy, publicly perform, publicly display, reproduce
- in copies for distribution, or distribute copies of any
- Interfacing Software that was created by you. Plex will comply
- with such a request but Plex must be granted a transition
- period of thirty (30) days after receipt of the request to
- comply.
-
- A request to take down Interfacing Software must include (1) an
- identification of the Interfacing Software you wish to be
- removed; (2) your signature in either electronic or physical
- form; and (3) the following statements:
-
- i. “I swear under penalty of perjury that I am the owner of
- the Interfacing Software or I am authorized to act on
- behalf of the owner of the Interfacing Software.”
-
- ii. “I swear under penalty of perjury that the information
- in this notification is accurate.”
-
- iv. You shall protect the privacy and legal rights of Plex users.
- If the users provide, or the Interfacing Software accesses or
- uses, user names, passwords, or other login information or
- personal information, you must make the users aware that such
- information will be available to the Interfacing Software, and
- you must provide privacy notices and protection for those users
- in compliance with applicable law. Further, the Interfacing
- Software may use that information only for the limited purposes
- for which the user has given you permission to do so. If the
- Interfacing Software stores personally identifying information
- of users or information that a reasonable user would consider
- to be sensitive, then the Interfacing Software must do so
- securely and only for as long as it is needed. However, if the
- user has opted or entered into a separate agreement with you
- that allows you or the Interfacing Software to store or use
- personally identifying information of users or information that
- a reasonable user would consider to be sensitive, then the
- terms of that separate agreement will govern your use of such
- information. If the user provides the Interfacing Software with
- Plex account information, the Interfacing Software may only use
- that information to access the user’s Plex account when, and
- for the limited purposes for which, the user has given you
- permission to do so.
-
- v. Prohibited Uses. Plex prohibits performing certain actions
- using the Interfacing Software. You shall not make, or assist
- others in making, any Interfacing Software that:
-
- i. Knowingly violates a third party’s terms of service;
-
- ii. Violates any applicable laws or regulations;
-
- iii. Interferes with, disrupts, damages, harms, or accesses
- in an unauthorized manner the machines, hardware.
- devices, servers, networks, data, or other properties or
- services of any other party including, but not limited
- to, Plex users, Plex or any network operator;
-
- iv. Posts misleading information about an application’s purpose;
-
- v. Infringes on the intellectual property rights of others; or
-
- vi. Performs any other prohibited action listed under
- “Acceptable Use” above.
-
- vi. You will require your end users to comply with any applicable
- law and these Terms. You will not knowingly enable your end
- users to violate applicable law or these Terms.
-
- vii. You shall indemnify and hold harmless Plex and its officers,
- directors, employees, contractors, licensors, suppliers,
- distributors, contractors, agents, and third party
- contributors from any claims, damages, liabilities, costs and
- fees (including reasonable attorney fees) arising from any use
- of the Interfacing Software or from Plex’s distribution of the
- Interfacing Software.
-
- viii. Brand Features and Attribution
-
- i. “Brand Features” is defined as the trade names,
- trademarks, service marks, logos, domain names, and other
- distinctive brand features of a party. Except where
- expressly stated, these terms do not grant either party
- any right, title, or interest in or to the other party’s
- Brand Features. Any use by you of Plex’s Brand Features
- (including any goodwill associated therewith) will inure
- to the benefit of Plex. Plex Brand Features include the
- Plex Play Logo (“>” in stylized format) and the
- trademarks, trade names and designs as may be identified
- from time to time in the Plex Trademark Notice that is
- posted at https://www.plex.tv/about/privacy-legal/.
-
- ii. You must seek prior written approval from Plex to
- display Plex’s Brand Features, including for the purpose
- of promoting or advertising that your Interfacing
- Software is for use in conjunction with Plex Services.
- Plex, in its sole discretion and in a separate writing
- such as an e-mail from an authorized representative of
- Plex, may grant you a revocable, non-transferable,
- nonexclusive license, without right of sub-license, to
- display Plex’s Brand Features for the purpose of
- promoting or advertising that your Interfacing Software
- is for use in conjunction with Plex Services. You
- understand and agree that Plex has the sole discretion to
- determine whether your attribution(s) and use of Plex’s
- Brand Features are in accordance with the above
- requirements and guidelines and that Plex may revoke the
- license granted herein at any time, or may require you to
- modify your use of Plex’s Brand Features, for any reason
- in its sole discretion.
-
- iii. You will not make any statement that suggests a
- partnership with, sponsorship by, or endorsement by Plex,
- without Plex’s express prior written approval.
-
- iv. In the course of promoting, marketing, or demonstrating
- the Services, Plex may produce and distribute incidental
- depictions, including screenshots, video, or other
- content from your Interfacing Software, and may use your
- company or product name. You grant us all necessary
- rights for the above purposes.
-
-Children
-
-While Plex does distribute products that may be used by children, the
-Services are not intended to be used by children, without involvement,
-supervision, and approval of a parent or legal guardian. Therefore, if
-an account owner sets parental controls or establishes sub-accounts
-that the account owner intends to permit a child to use, the account
-owner should not reveal the account password to the child. Plex and its
-contributors may not provide controls that restrict the maturity level
-of content available via Plex and an adult account owner has sole
-responsibility for determining what maturity level is appropriate for
-or accessible to any children whom the account owner permits to use the
-Plex service or a sub-account.
-
-NO WARRANTY
-
-A. PLEX SERVICES ARE PROVIDED “AS IS”. PLEX MAKES NO WARRANTY OF ANY
- KIND, EXPRESS OR IMPLIED, AND PLEX EXPRESSLY DISCLAIMS ALL WARRANTIES
- WITH RESPECT TO THE PLEX SERVICES, INCLUDING WITHOUT LIMITATION, ANY
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
- PURPOSE AND NONINFRINGEMENT. FURTHER, PLEX DOES NOT WARRANT AGAINST
- ERRORS, OMISSIONS, RESULTS OF USE, OR THAT PLEX SERVICES ARE BUG FREE
- OR ERROR FREE OR THAT USE WILL BE UNINTERRUPTED. THIS DISCLAIMER OF
- WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. ALL THE
- FOREGOING DISCLAIMERS ALSO APPLY IN FULL WITH RESPECT TO PLEX’S
- LICENSORS, SUPPLIERS, DISTRIBUTORS, CONTRACTORS, AGENTS, AND THIRD
- PARTY CONTRIBUTORS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
- WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
-
-B. You agree that Plex and its officers, directors, employees, and
- contractors are not responsible for any fault, inaccuracy, error,
- omission, delay or any other failure of your equipment and/or
- services caused by Plex’s hardware, software, cabling, network
- services, or the like, or arising from Plex’s use of such equipment
- and/or services.
-
-C. The above disclaimer of warranty applies to software developed by
- Plex and any software developed by a third party and provided by Plex
- including, but not limited to, Interfacing Software developed by any
- Plex user.
-
-Limitation of Liability and Damages
-
-A. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT
- LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR
- OTHERWISE, SHALL PLEX BE LIABLE TO YOU OR ANY OTHER PERSON OR
- ENTITY: (I) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
- DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
- LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS,
- COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR OTHER DAMAGES
- RESULTING FROM YOUR USE OF THE SOFTWARE; OR (II) FOR ANY MATTER
- BEYOND ITS REASONABLE CONTROL. PLEX’S AGGREGATE LIABILITY FOR DAMAGES
- OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED
- TO THE LESSER OF THE TOTAL FEES PAID BY YOU TO PLEX (IF ANY) FOR THE
- PORTION OF THE SOFTWARE THAT GAVE RISE TO SUCH DAMAGES OR $100
- (U.S.), EXCEPT WHERE NOT PERMITTED BY APPLICABLE LAW, IN WHICH CASE
- PLEX’S LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY
- SUCH APPLICABLE LAW. ALL THE FOREGOING LIMITATIONS SHALL APPLY EVEN
- IF EITHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
- ALL THE FOREGOING LIMITATIONS ALSO APPLY WITH RESPECT TO PLEX’S
- SUPPLIERS, LICENSORS, DISTRIBUTORS, CONTRACTORS, AGENTS, AND THIRD
- PARTY CONTRIBUTORS. SOME STATES DO NOT ALLOW THE EXCLUSION OR
- LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
- LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
-
-B. The above limitations and exclusions apply to software developed by
- Plex and any software developed by a third party and provided by Plex
- including, but not limited to, Interfacing Software developed by Plex
- user.
-
-Third-Party Materials
-
-This website and other Services may provide links to websites,
-software, or other materials provided by third parties. Plex does not
-endorse and is not responsible or liable for the availability,
-accuracy, safety, or intellectual property rights of or relating to
-such content. Plex is not liable for any harm caused by any such
-materials.
-
-Malware
-
-“Malware” means any known, discovered, envisioned, or invented, or any
-yet to be known, discovered, envisioned, or invented: (i) virus, Trojan
-horse, or any other harmful, harassing, or malicious software; or (ii)
-method, use, or means by which any software, firmware, equipment,
-device, communications medium, person, entity, or the like directly or
-indirectly engages in or is used for: (a) any unauthorized access; (b)
-any unauthorized communication; or (c) any cracks, hacks, exploits, or
-other activity, method, use, or means, that may cause harassment, harm,
-data loss, data theft, loss of communication, loss of privacy, or the
-like. You acknowledge that the Internet, Internet service providers,
-shared or dedicated telecommunication lines, wireless access points and
-wireless networks, other forms of communication, online resources
-including websites and cloud computing environments, or other means
-that you use to connect to the Software may not be secure and may be
-vulnerable to attack by third parties, and that it is possible to
-receive Malware by using the Internet, dedicated lines, other forms of
-communication, or other means. In order to protect the Software, you
-shall regularly obtain, use, and update appropriate third party
-software or other means to protect yourself from Malware and to detect
-and remove Malware that may be downloaded using the Internet, dedicated
-lines, other forms of communication, or other means. Plex does not
-warrant that the Software will be free of Malware including, but not
-limited to, Malware that is introduced by third parties, the Internet,
-dedicated lines, other forms of communication, or other means.
-
-Waiver and Indemnity
-
-You agree that Plex and its licensors, distributors, contractors,
-agents, and third party contributors shall have no liability whatsoever
-for any use you make of the Services. You shall indemnify and hold
-harmless Plex and its licensors, suppliers, distributors, contractors,
-agents, and third party contributors from any claims, damages,
-liabilities, costs and fees (including reasonable attorney fees)
-arising from your use of the Plex Services as well as from your failure
-to comply with any of the Terms, or any losses, damages, claims, costs,
-and/or attorneys’ fees arising from any use of or reliance upon any
-information received in connection with the Services that comprises or
-is based upon data provided by Plex or any third party.
-
-Termination of Services
-
-Plex may at any time, with or without cause and with or without prior
-notice, immediately terminate or suspend your Plex account or otherwise
-terminate or suspend your access to all or a portion of the Services.
-Cause for such termination may include: (a) violations of the Terms or
-any other policies or guidelines that are referenced herein; (b) a
-request by you to cancel or terminate your account; (c) a request
-and/or order from law enforcement, a judicial body, or other government
-agency; (d) where providing the Services to you is or may become
-unlawful; (e) unexpected technical or security issues or problems; or
-(f) your participation in fraudulent or illegal activities. Any such
-termination or suspension shall be made by Plex in its sole discretion
-and Plex will not be responsible to you or any third party for any
-damages that may result or arise out of such termination or suspension
-of your access to the Services.
-
-Miscellaneous
-
-A. This Agreement does not give you any rights not expressly and
- unambiguously granted herein.
-
-B. No agency, partnership, joint venture, or employment is created as a
- result of this Agreement and you do not have any authority of any
- kind to bind Plex in any respect whatsoever.
-
-C. If any provision of this Agreement is found to be unenforceable or
- invalid, that provision shall be limited or eliminated to the minimum
- extent necessary so that this Agreement shall otherwise remain in
- full force and effect and enforceable.
-
-D. This Agreement is not assignable, transferable, or sublicensable by
- you except with Plex’s prior written consent. Plex may transfer,
- assign, or delegate this Agreement and its rights and obligations
- without consent.
-
-E. Plex’s failure to enforce any right or provisions in this Agreement
- will not constitute a waiver of such or any other provision.
-
-F. This Agreement shall be governed by and construed in accordance
- with the laws of the state of California, as if made within
- California between two residents thereof, and the parties submit to
- the exclusive jurisdiction of the Superior Court of Santa Clara
- County and the United States District Court for the Northern District
- of California. Notwithstanding the foregoing sentence, but without
- limiting Plex’s right to seek injunctive or other equitable relief in
- any court of competent jurisdiction, any disputes arising with
- respect to this Agreement shall be referred to an arbitrator
- affiliated with the Judicial Arbitration and Mediation Services, Inc.
- (“JAMS”). The arbitrator shall be selected by joint agreement of the
- parties. In the event the parties cannot agree on an arbitrator
- within thirty (30) days of the initiating party providing the other
- party with written notice that it plans to seek arbitration, the
- parties shall each select an arbitrator affiliated with JAMS, which
- arbitrators shall jointly select a third such arbitrator to resolve
- the dispute. The written decision of the arbitrator shall be final
- and binding on the parties. The arbitration proceeding shall be
- carried on and heard in Santa Clara County, California using the
- English language and pursuant to the rules of (and administered by)
- JAMS. In any action or proceeding to enforce rights under this
- Agreement, the prevailing party will be entitled to recover costs and
- reasonable attorneys’ fees from the other party. A separate written
- license agreement or order and signed by Plex and you or your
- company, employer, or principal may state other terms and conditions
- that apply to you, including terms relating to price, payment,
- delivery, confidential information, support services, and the like.
- You are solely responsible to review such terms or conditions with
- your company, employer or principal. In the event of any conflict in
- terms, the terms of the separate license agreement shall supersede
- the terms of this Agreement.
-
-G. Both parties agree that this Agreement is the complete and exclusive
- statement of the mutual understanding of the parties and supersedes
- and cancels all previous written and oral agreements, communications,
- and other understandings relating to the subject matter of this
- Agreement.
-
-Source: https://www.plex.tv/about/privacy-legal/plex-terms-of-service/