Contents of /licenses/Livestation-EULA

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3 This Software Licence (the "Agreement") is a legal agreement between you and
4 Livestation Limited, a company incorporated in England and Wales (Company
5 No: 6872775) having its registered office at 32 St James's Street, London
6 SW1A 1HD (referred to in this Agreement as Livestation, We or Us as the
7 context permits) granting you limited rights to download and use our
8 software, subject to the terms of this Agreement.
17 1. Software Licence
19 We grant you a personal, non-exclusive, royalty-free, non-transferable,
20 revocable licence during the Term to download and use the Livestation Player
21 (the "Software") without the right to sub-licence such rights, solely on the
22 terms and subject to the conditions of this Agreement. The "Term" means the
23 period from the date that you download the Software until the date you stop
24 using the Software.
26 2. Registered and Licensed Users
28 2.1 In order for you use the Software, you must register with us and provide
29 us with an email address and obtain a unique password for accessing
30 and using the Software (the "Password"). It is your responsibility to
31 ensure that you keep your Password and other account details secure and
32 confidential. They must not be disclosed to or used by any other person. You
33 are responsible and wholly liable for all acts or omissions committed by any
34 other person who accesses and / or uses the Software through or by means of
35 your account or Password.
37 2.2 Livestation delivers live television and radio broadcast programme
38 services. Reception of these services may require a television or radio
39 licence in some countries. You should ensure that your use of Livestation is
40 covered by such a licence where required.
42 2.3 Livestation also delivers desktop alerts and messages from time to time
43 to your desktop by receipt of messages through your internet connection. You
44 will need to keep your computer connected to the Internet to receive these
45 messages.
47 3. The User's Obligations
49 3.1 You shall:
51 (a) only use the Software in the manner, and for the purposes, expressly
52 specified in this Agreement;
54 (b) except as expressly provided in this Agreement, not use, reproduce,
55 dispose of, deal with, rent, lease, loan, modify, adapt, reverse engineer,
56 decompile or disassemble the whole or any part of the Software;
58 (c) except as expressly provided in this Agreement, not copy, reproduce,
59 republish, upload, post, transmit, or distribute the Software, or any
60 portion thereof, or facilitate or permit any third party to do so;
62 (d) not incorporate or allow the Software to be incorporated in any other
63 software;
65 (e) not attempt to access any systems, programs or data of ours that are not
66 licensed under this Agreement;
68 (f) not use any device or software to interfere or attempt to interfere with
69 the proper operation of the Software;
71 (g) keep confidential and not disclose (or make available any information on
72 or relating to) the existence, features, functionality, capabilities or
73 contents of the Software or your conclusions, opinions, findings or other
74 information regarding the Software or your evaluation of the Software, or
75 the contents of this Agreement (such confidentiality and non-disclosure
76 obligations to survive the termination of this Agreement), provided that
77 this Clause shall not extend to information which was rightfully in your
78 possession prior to the negotiations leading to this Agreement, which was
79 already public knowledge at the Acceptance Date or becomes so at a future
80 date (otherwise than as a result of a breach of this Clause) or which you
81 are legally required by applicable law, rule, regulation or lawful order or
82 ruling of any court, government agency or regulatory commission to disclose,
83 in which case you agree that you will provide us with prompt notice of such
84 requirement to enable us to seek an appropriate protective order or to take
85 steps to protect the confidentiality of our confidential information, and in
86 the event such protection is not obtained or we waive compliance with the
87 provisions of this Clause, you agree that you will disclose only that
88 portion of the confidential information which you are legally required to
89 disclose. For the avoidance of doubt, this Clause shall not apply to any
90 information that we have expressly directed you to disclose or make
91 available to us or any third party;
93 (h) safeguard the Software from access by anyone other than yourself; and
95 (i) not delete or in any manner alter any notices, disclaimers, insignia,
96 lettering or other legends contained in the Software or appearing on any
97 screens, documents, reports, numeric results or other materials obtained by
98 you through use of the Software.
100 3.2 Notwithstanding Clause 3.1(b) and provided that the EU Software
101 Directive or other applicable law confers or may confer on you any right to
102 decompile or disassemble any portion of the Software or its components you
103 shall not attempt or commence any such disassembly or decompilation unless:
104 (1) prior to such actual or attempted disassembly or decompilation, you have
105 notified us in writing that you require such information as is necessary to
106 permit you to create an independent program which can be operated with any
107 portion of the Software or its components and we have not provided such
108 information within one (1) month of your written request, and (2) the
109 information so obtained is not used for any other purpose.
111 3.3 You shall not copy or reproduce the Software other than as expressly
112 permitted elsewhere in this Agreement, except that you may make one copy for
113 backup and security purposes. You hereby acknowledge that all copies
114 (whether complete copies or partial copies) made of the Software are our
115 property.
117 4. User Representations and Warranties
119 4.1 You represent and warrant to us that you have authority to enter into
120 this Agreement.
122 4.2 Livestation allows users to create links to third-party streams. The
123 streams' content, business practices and privacy policies are not under our
124 control, and we are not responsible for the content of any linked stream,
125 website or any link contained in a linked stream or website. The inclusion
126 of a link by Livestation you add does not imply any endorsement by or any
127 affiliation with Livestation. In accessing the streams or links or following
128 links to third-party websites or streams you may be exposed to content that
129 you consider offensive or inappropriate. You agree that your only recourse
130 is to stop using Livestation or the streams or links. You may remove your
131 link to a stream at any time.
133 4.3 Livestation reserves the right to remove or modify any information,
134 streams, links or user's account at any time without notice. In the event
135 of complaint from any third party Livestation may contact you before
136 removing or blocking access to any information but shall not be obliged to
137 do so. Before viewing streams or adding links or other information you
138 agree to confirm that doing so will not be in breach of any law or third
139 party rights.
141 4.4 You agree that we may copy, share, store, amend or delete any
142 information we deem appropriate in the provision and operation of
143 the Livestation service. This ability shall not reduce or amend your
144 responsibility for ensuring that use of any information (including links and
145 streams) you provide is legal. You recognise and agree that Livestation does
146 not check the content of each link and you represent and warrant to
147 Livestation that you have the right to grant, to Livestation a perpetual,
148 non-exclusive, transferable, fully paid, worldwide license (with the right
149 to sublicense) to use, copy, publicly perform, publicly display, reformat,
150 translate, excerpt (in whole or in part) and distribute the material which
151 you are linking to for any purpose connected with Livestation including
152 commercial, advertising, or otherwise. You can remove a link at any time, if
153 you choose to remove your link, the license granted above will automatically
154 expire. You agree to hold harmless and indemnify Livestation in respect of
155 any claim by any third party arising from your use of or creation of a link
156 to a stream in Livestation.
158 4.5 Livestation makes no warranties whatsoever regarding the license
159 agreements required for accessing, and the information provided through, any
160 stream or link, and disclaims all liability for damages, including without
161 limitation, any general, special, incidental or consequential damages,
162 resulting from their use. Livestation also reserves the right to collect
163 information about creation and viewing of user added streams, including but
164 not limited to anonymous usage information for statistical purposes.
166 5. Liability
168 5.1 Except as otherwise expressly provided in this Agreement:
170 (a) the Software is provided "as-is" and, to the maximum extent permitted by
171 applicable law, we disclaim all conditions and warranties of any kind,
172 express (unless set out in this Agreement) or implied, regarding the
173 Software or otherwise relating to this Agreement, including conditions and /
174 or warranties of fitness for a particular purpose, satisfactory quality,
175 merchantability, non-infringement and accuracy;
177 (b) we do not warrant or represent that the Software is or will be accurate,
178 free from defects, complete, without error, or free of viruses, worms, other
179 harmful components, or other program limitations, or that it will function
180 correctly or at all;
182 (c) you assume the entire cost of all necessary servicing, repair, or
183 correction of problems caused by viruses or other harmful components, or the
184 failure of the Software to operate or operate correctly;
186 (d) we make no warranties or representations as to the accuracy, quality,
187 reliability, suitability, completeness, truthfulness, usefulness, or
188 effectiveness of the Software; and
190 (e) use of the Software is entirely at your own risk and we shall have no
191 liability or responsibility to you under or in relation to this Agreement.
193 5.2 You shall use the Software at your own risk and in no event shall we be
194 liable to you for any loss or damage of any kind (except personal injury or
195 death resulting from our negligence) arising from the your use of or
196 inability to use the Software or from faults or defects in the Software
197 whether caused by negligence or otherwise.
199 5.3 The express terms of this Agreement are in lieu of all warranties,
200 conditions, undertakings, terms and obligations implied by statute, common
201 law, trade usage, course of dealing or otherwise all of which are hereby
202 excluded to the fullest extent permitted by law.
204 5.4 You agree to defend, indemnify and hold us harmless from any losses,
205 liabilities, damages, actions, claims or expenses (including legal fees and
206 court costs) arising or resulting from your breach of any term of this
207 Agreement or caused by your acts or omissions or the acts or omissions of
208 any other person using your Password or other account details.
210 5.5 Nothing in this Agreement shall operate to avoid or exclude the
211 liability of either party for death or personal injury caused by its
212 negligence or for fraud.
214 5.6 Subject to Clause 5.5, without prejudice to any provision of this
215 Agreement, our maximum aggregate liability to you under or in relation to
216 this Agreement or any matter arising out of it shall be 500 GBP.
218 6. Term and termination
220 6.1 This Agreement and your right to use the software shall be effective
221 from the Acceptance Date and shall continue in force unless and until
222 terminated in accordance with the provisions set out in this Clause 6.
224 6.2 We may terminate this Agreement immediately without liability on written
225 notice to you for any reason whatsoever.
227 6.3 Without prejudice to Clause 6.2 above, this Agreement may also be
228 terminated immediately by either party on giving notice in writing to the
229 other if:
231 (a) the other shall have a receiver or administrative receiver appointed or
232 shall pass a resolution for winding-up (otherwise than for the purpose of a
233 bona fide scheme of solvent amalgamation or reconstruction);
235 (b) a court of competent jurisdiction shall make an order to that effect;
237 (c) the other party shall become subject to an administration order;
239 (d) the other party shall enter into any voluntary arrangement with its
240 creditors;
242 (e) the other party shall cease or threaten to cease to carry on business;
243 or
245 (f) the other party shall commit any breach of this Agreement.
247 6.4 Any termination of this Agreement shall not affect any accrued rights or
248 liabilities of either party nor shall it affect the coming into force or the
249 continuance in force of any provision of this Agreement which is expressly
250 or by implication intended to come into or continue in force on or after
251 such termination.
253 6.5 On termination of this Agreement, you must immediately cease using the
254 Software and, unless we otherwise agree in writing, you may not directly or
255 indirectly download, access or use the Software (or any other software made
256 available by us). You must also destroy and / or delete all copies of the
257 Software (and any materials provided in connection with it by us). Without
258 prejudice to the foregoing, we shall also be entitled on termination of this
259 Agreement to disable the Software if you have not destroyed / deleted it.
261 6.6 Sections 3(g), 3(h), 5, 6.4, 6.5, 7, 8, 9, 13, and 14 shall survive this
262 Agreement on termination.
264 7. Reservation of rights
266 7.1 We reserve the right to:
268 (a) suspend access to the Software and replace it with another version at
269 any time during the term of this Agreement;
271 (b) disable the Software or require you to cease using it at any time; and
273 (c) charge you for access to and use of the Software, by giving no less than
274 7 days' notice in writing. If we have notified you of our decision to charge
275 for use of the Software and you do not wish to pay for your use of the
276 Software, you must notify us and cease absolutely to use the Software. On
277 the sending of any such notice, this Agreement will automatically terminate.
279 8. Intellectual Property Rights
281 8.1 We or our licensors own all rights, title and interests in the Software
282 including trade secrets, patents, copyrights and database rights, and the
283 Software shall remain the sole and exclusive property of us or our
284 licensors. Except as provided in Clause 1.1 of this Agreement, you have no,
285 and are not granted, any right, title, interest or licence in the Software.
287 8.2 You grant us a non-exclusive, perpetual, irrevocable, worldwide,
288 royalty-free licence with the right to sublicense, use, copy, transmit,
289 distribute, create derivative works of, display and perform the same
290 in respect of any materials or other information (including, without
291 limitation, ideas, concepts or techniques for new or improved services and
292 products) submitted by you in connection with the Evaluation Process,
293 whether as feedback, data, questions, comments, or suggestions.
295 8.3 Livestation viewers using any of Livestation's interactive features
296 agree that any statement, comment or other contributions made by Livestation
297 users may be republished by Livestation and/or Livestation's partner
298 broadcasters including, but not limited to, being broadcast live on-air.
300 8.4 You agree and understand that any website logs, site statistics or other
301 data collected by us (the "Site Statistics") shall be and remain our sole
302 and exclusive property.
304 8.5 This Agreement does not grant you a licence to use any of our trade
305 marks, trade names, or logos, and you recognise that our trade marks, trade
306 names and logos are valuable assets of ours and that substantial recognition
307 and goodwill are associated with them. You agree that you shall not use or
308 permit any third party to use, at any time, our trade marks, trade names, or
309 logos.
311 9. Hardware and Service Requirements
313 9.1 You are solely responsible for acquiring, servicing, maintaining, and
314 updating all equipment, computers, software and communications services not
315 owned or operated by or on behalf of us, to enable you to download, access
316 and use the Software, and for all expenses relating thereto (plus any
317 applicable taxes). You agree to download, access and use the Software in
318 accordance with any and all operating instructions or procedures that may be
319 issued by us, as amended by us from time to time. You must promptly
320 implement all updates, patches and upgrades to the Software and, if
321 instructed, uninstall and replace the Software with any new versions or
322 releases that we provide to you.
324 10. Performance
326 10.1 You understand and agree that the operation and availability of the
327 systems used to transmit information or for accessing and interacting with
328 the Software including, the public telephone, computer networks and the
329 internet, whether or not supplied or made available by us, you or others,
330 can be unpredictable and may, from time to time, interfere with or prevent
331 the access to and/or the use or operation of the Software. We are not in any
332 way responsible for any such interference with or prevention of your access
333 and/or use of the Software.
335 11. Training and Support
337 11.1 Unless we otherwise agree, we will not provide any training or support
338 to you relating to the Software.
340 12. Notices
342 12.1 Notices
344 All questions or comments concerning this Agreement shall be submitted to us
345 by you via email at support@livestation.com. All Notices to be given under
346 this Agreement by you shall be sent to the same address, with a copy to
347 notices@livestation.com.
349 All Notices to be given under this Agreement to you by us shall be submitted
350 via email to the address notified to us by you as part of the registration
351 process, or such other email address as you may confirm to us by updating
352 your registration details. It is your responsibility to ensure that you have
353 provided us with current and correct email details. All Notices sent by us
354 to the email address last provided by you shall be deemed valid and
355 effective and we shall not be liable or responsible if any Notice fails to
356 reach you because you have not provided us with the correct details or have
357 failed to keep them up to date.
359 12.2 Acceptance
361 (a) By accepting below and providing us with your email address you agree
362 and consent to: (i) contract electronically with us in accordance with this
363 Agreement; and (ii) receipt of electronic legal notices regarding this
364 Agreement to the email address you have provided to us.
366 12.3 Agreement Please print a copy of this Agreement for your records and
367 keep it securely.
369 13. General Provisions
371 13.1 Severability and Waiver
373 If any provision of this Agreement is held by a court of competent
374 jurisdiction or other competent authority to be invalid, unlawful or
375 unenforceable for any reason then such part will be severed from the
376 remainder of this Agreement, which will continue to be valid and enforceable
377 to the fullest extent permitted by law. The parties agree to replace any
378 invalid provision with a valid provision which most closely approximates the
379 intent and economic effect of the invalid provision. In the event of a
380 holding of invalidity so fundamental as to prevent the accomplishment of the
381 purpose of the Agreement, the parties shall promptly commence good faith
382 negotiations to remedy such invalidity. No delay on the part of either party
383 in exercising any right or remedy under this Agreement shall operate as a
384 waiver thereof nor shall any single or partial exercise of any right or
385 remedy under this Agreement preclude any other or further exercise of such
386 right or remedy.
388 13.2 Definitions and Headings
390 References to:
392 (a) The "Software" include references to all modifications, patches,
393 updates, upgrades, new versions and releases of the Software provided by us
394 to you, unless provided to you under the terms of any separate licence
395 agreement entered into between us.
397 (b) "You" and "your" are to you, the individual who has accepted the terms
398 and conditions of this Agreement;
400 (c) "We", "us" and "our" are to Skinkers Limited, as defined above, and its.
401 permitted successors and assignees Headings used in this Agreement are for.
402 reference purposes only and do not define or limit the scope or extent of.
403 the clauses to which they relate or in any way affect this Agreement .
405 13.3 Assignment and Sub-contracting
407 This Agreement and your rights, duties and obligations hereunder are
408 personal to you and you may not assign your rights, delegate your duties or
409 subcontract your rights without our prior written consent, which we may
410 provide or withhold at our entire discretion. We may assign, transfer, or
411 delegate this Agreement and / or all or any of our rights and obligations
412 under it or grant or sub-contract all or any of such rights and obligations
413 to any person or entity. The parties' rights and obligations will bind and
414 inure to the benefit of their respective successors and permitted assigns.
416 13.4 Independent Contractors
418 The parties to this Agreement are independent contractors, and no agency,
419 partnership, joint venture or employee-employer relationship is intended or
420 created by this Agreement. Neither party shall have the power to obligate or
421 bind the other party.
423 13.5 Data Protection
425 Both parties warrant that they will duly observe all their obligations under
426 the Data Protection Act 1998 (as amended) which arise in connection with
427 this Agreement.
429 13.6 Amendments
431 We reserve the right, at any time, to change the terms of this Agreement,
432 including our privacy policy, by providing you with notice of such changes.
433 Any use of the Software by you after such notification of any such changes
434 shall constitute your acceptance of the Agreement as modified. This
435 Agreement may not otherwise be amended except as agreed by both parties in
436 writing.
438 13.7 Entire Agreement
440 (a) Each party acknowledges that, in entering into this Agreement, it does
441 not do so on the basis of, and does not rely on, any representation,
442 warranty or other provision except as expressly provided in the Agreement
443 and all conditions, warranties or other terms implied by statute or common
444 law are hereby excluded to the fullest extent permitted by law.
446 (b) This document is the entire Agreement between the parties and supersedes
447 all other agreements or arrangements, whether written or oral, express or
448 implied.
450 (c) You and we acknowledge and agree that the allocation of risk and
451 liability contained in this Agreement is reasonable in all the circumstances
452 having regard to all relevant factors including the functionality and
453 capabilities of the Software and the testing and evaluation purposes of this
454 licence.
456 13.8 Injunctive Relief
458 Each party acknowledges that a violation of Clauses 1, 3, 8, 9 and 10.1 of
459 this Agreement would cause irreparable harm to the other party for which no
460 adequate remedy at law exists and each party therefore agrees that, in
461 addition to any other remedies available, the aggrieved party shall be
462 entitled to seek injunctive relief to enforce the terms of Sections 1, 3, 8,
463 9 and 10.1. The prevailing party shall be entitled to recover all costs and
464 expenses, including reasonable legal fees incurred because of any such legal
465 action.
467 13.9 Force Majeure
469 We will not be responsible for any failure to perform due to causes beyond
470 our reasonable control, including, acts of God, acts of terrorism, war,
471 riot, embargoes, acts of civil or military authorities, national disasters,
472 strikes and the like.
474 13.10 Contracts (Rights of Third Parties) Act 1999
476 This Agreement is enforceable only by you and us and nothing in this
477 Agreement confers or is to be deemed to confer a benefit on a person not a
478 party to this Agreement. It is hereby agreed between the parties that the
479 Contracts (Rights of Third Party) Act 1999 shall not apply to this
480 Agreement.
482 13.11 Law
484 This Agreement shall be governed by and construed in accordance with English
485 law and the parties submit to the exclusive jurisdiction of the English
486 Courts.

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