End User License Agreement
BY DOWNLOADING AND/OR USING ANY SOFTWARE AND/OR APPLICATIONS (COLLECTIVELY, "SOFTWARE") PROVIDED TO YOU BY OR ON BEHALF OF NY2C AND ITS AFFILIATED ENTITIES ("NY2C") IN CONNECTION WITH YOUR USE OF THE NY2C SERVICE, YOU ACKNOWLEDGE AND AGREE THAT (1) YOU HAVE READ THIS END USER LICENSE AGREEMENT ("EULA"); (2) YOU UNDERSTAND IT; (3) YOU ARE BOUND BY THE EULA’s TERMS; AND (4) YOU MAY RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SOFTWARE. YOU ACKNOWLEDGE THAT UNLESS YOU AGREE TO THE FOREGOING, YOU DO NOT HAVE A LICENSE TO, AND YOU WILL NOT USE, THE SOFTWARE.
GENERAL
This EULA contains details on your limited right and license to use the Software solely in connection with your use of the NY2C service. This EULA is between you and NY2C and no other party.
The Software contains material that is protected by copyright and other applicable intellectual property laws in the U.S. and other territories and by international treaty provisions. The Software is licensed, not sold or given, to you by NY2C for use only under the terms of this EULA and all rights not specifically granted to you herein are reserved to NY2C and to any third party with ownership rights in software and documentation used in the Software. You may not remove any proprietary notice of NY2C or any other party from any copy of the Software or documentation.
The rights granted under the terms of this EULA include any software upgrades that replace and/or supplement the original Software.
NY2C reserves the right, from time to time, with or without notice to you, to change the terms of this License Agreement in our sole and absolute discretion. The most current version of this EULA will supersede all previous versions. Your use of the Software after changes to the EULA are made means that you agree to be bound by such changes. As such, you should review the EULA periodically.
PERMITTED USE AND RESTRICTIONS
Grant of Limited License. NY2C grants you (which, for purposes of this EULA , shall include members of your immediate household for whom you will be responsible hereunder and users of the NY2C-ready device with which you are accessing the NY2C service and for whom you will be responsible hereunder) a non-exclusive, limited, personal and nontransferable license, subject to and conditioned on your compliance with the restrictions set forth in this EULA, to install and use the Software, in object code form only, provided to you by or on behalf of NY2C in connection with your use of the NY2C service.
The license grant above includes the right to use documentation accompanying the Software for the sole purpose of using the NY2C service and the right to make one (1) backup copy of the Software, provided that (i) the Software is installed on only the number of NY2C ready devices authorized by NY2C (which number shall be six (6) NY2C ready devices unless otherwise agreed or modified in writing by NY2C); (ii) the Software may NOT be modified; (iii) all copyright notices are maintained on the Software; and (iv) you agree to be bound by all the terms of this License Agreement.
The Software is only for your own personal, non-commercial use and not for use in the operation of a business or service bureau, for profit or for the benefit or any other person or entity.
As a condition of the limited license for the Software granted to you in this EULA, except as and only to the extent expressly permitted in this EULA or by applicable law which cannot be waived by this EULA, you may NOT:
If you "uninstall" the Software, you will no longer be able to use the Software to view movies & TV shows on that NY2C-ready device.
No ownership rights. You have no ownership rights in any Software. Rather, you have a limited license to use the Software as long as this EULA remains in effect. Ownership of the Software and all intellectual property rights therein shall remain at all times with NY2C and/or its licensors. Any other use of the Software by any other person, business, corporation, government or any other entity is strictly prohibited and is a violation of this EULA.
THIRD PARTY CONTENT
Title and intellectual property rights in and to any content displayed by or accessed through the Software belongs to the respective content owner. Such content is protected by copyright or other intellectual property laws and treaties, and is subject to terms of use of the third party providing such content. Apart from your right to view the third-party content, this EULA does not grant you the right to copy, distribute, prepare derivative works, publicly display, or make other use of such content. You are prohibited from engaging in or facilitating the unauthorized P2P file-sharing of third-party content, such as the unauthorized posting, making available, uploading, downloading or other distribution of such third-party content.
THIRD PARTY SOFTWARE
There are software programs contained within the Software that have been licensed to NY2C by third parties. The term "Software" as used herein shall refer to such third party software except where the term Software refers expressly to the ownership or other specific rights of NY2C. The same terms and conditions, including all limitations and restrictions, set forth in this EULA apply to each third party software program contained in the Software. Certain software programs specified in the licenses referenced in the Section "Notices" below may contain additional grants and/or restrictions.
CONSENT TO USE OF DATA
The Software may provide NY2C with limited access to your NY2C ready device. Among other things, the Software may provide NY2C with information related to your use of the NY2C service, including movies & TV Shows (and portions thereof) viewed, amount of time viewed, information regarding your computer system, such as a unique device identifier, your operating system, existing software, amount of available storage space and internet connectivity, and your interaction with the Software. This information will, among other things, enable CMDtv? to manage rights associated with the content, allow NY2C to help you use the Software more effectively, enforce NY2C Terms of Use and otherwise help NY2C to enhance and improve the Software and the NY2C service. Information obtained by NY2C will be treated in accordance with our Privacy Policy.
SOFTWARE UPGRADES
NY2C may issue you an upgraded version of the Software automatically upon an instance of your use of the Software or the NY2C service or otherwise in connection with your use of the NY2C ready device. Alternatively, NY2C may require you to consent to an upgrade to the Software ("Software Upgrades") before using, installing or accessing the Software. If you decline the Software Upgrades, you may not be able to use or access the Software or the NY2C service.
EXPORT LAW ASSURANCES
You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was legally obtained or authorized by NY2C. In particular, but without limitation, the Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list.
US GOVERNMENT END USERS
The Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through §227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
TERMINATION
This EULA is effective until terminated. Your rights under this EULA are terminable by NY2C at any time without notice. Further, this EULA will terminate if NY2C finds that you have violated any of the terms of this EULA. No waiver of any breach of any provision of this EULA by NY2C shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless it is made in writing and is signed by an authorized representative of NY2C. All provisions relating to confidentiality, proprietary rights, and nondisclosure shall survive the termination of this EULA.
Your ability to use the NY2C service is subject to your system compatibility with our Software as such requirements may change from time to time. Compatibility of system requirements with the Software is your responsibility.
Upon the termination of this EULA, you shall cease all use of the Software and NY2C service and destroy all copies, full or partial, of the Software that you may have downloaded hereunder.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND YOU HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NY2C OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL NY2C BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF NY2C HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall NY2C’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
NOTICES
© 2018 NY2C. All rights reserved. All content herein is protected by copyright and other applicable intellectual property laws in the U.S. and other territories and may not be modified, copied or used in any manner without the express permission of NY2C, which reserves all rights. Reuse of any of this content for any purpose without the permission of NY2C is strictly prohibited.
You agree and acknowledge that NY2C has no responsibility or liability for the Software and its content.