End User License Agreement
THIS END USER LICENSE AGREEMENT (THIS AGREEMENT)IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU (EITHER ANINDIVIDUAL OR ENTITY) AND FTA COMMUNICATION TECHNOLOGIES SARL WITH ITS PRINCIPAL OFFICE AT 18 DUCHSCHERSTROOSS WECKER 6868 LUXEMBOURG AND ITS SUBSIDIARY COMPANIES INVERTO DIGITAL LABS SARL AND/OR INVERTO Deutschland GMBH (INDIVIDUALLY AND COLLECTIVELY INVERTO) GOVERNING YOUR USE OF THE (“PRODUCT”), THE SOFTWARE INSTALLED ON THE PRODUCT (“SOFTWARE”) AND RELATED DOCUMENTATION. BY USING YOUR PRODUCT YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. USE OF THE PRODUCT AND/OR SOFTWARE IS LIMITED TO PRIVATE NON-PROFESSIONAL USE BY CONSUMERS FOR LICENSED CONTENT OR FREE CONTENT.THE POLICIES AND OTHER CONTENTS OF THE INVERTO WEB SITE REFERRED TO IN THIS AGREEMENT MAY BE CHANGED BY INVERTO FROM TIME TO TIME IN ITS SOLE DISCRETION.
1. Grant of License. This Agreement grants you a non-exclusive, nontransferable,non-sub licensable license to usethe Software installed in the Product and any updated Software versions provided to you by Inverto only in and as incorporated in the Product.
2. Ownership. The Software is licensed and not sold to you. This Agreementgrants you only the right touse the Software, but you do not acquire anyrights, express or Implied, in the Software other thanthose specified in thisAgreement. Inverto and its licensors retain all right, title, and interest in andto the Software, including all patents, copyrights, trade secrets, and otherintellectual property rights incorporated therein. The Software is protected by copyright laws, international treaty provisions, and other intellectual propertylaws. Therefore, other than as expressly set forth herein, you may not copy theSoftware without prior written authorization of Inverto, except that you maymake one (1) copy ofthe Software for your back-up purposes only. You maynot copy any printed materials accompanying the Software, nor print more thanone (1) copy of any user documentation provided in electronic form, exceptthat you may make one (1) copy of such printed materials for your back-uppurposes only.
3. License Restrictions. Except as provided otherwise herein, you shall not (i) copy or distribute, sublicense, lease, rent or otherwise transfer the Software to any third party except incorporated in the Product; (ii) modify, adapt, alter, translate, or create derivative works of the Software; (iii) decompile, disassemble, reverse engineer or otherwise derive source code, or attempt to derive source code, from the Software; or (iv) have any of the foregoing done for you by a third party. The Software and all intellectual property rights therein are the exclusive property of Inverto or its suppliers/licensors. Inverto reserves the right to update the Software from time to time in its sole discretion, including adding, changing or removing functionalities and features, including but not limited to changing the user interface or the manner in which you are able to access content through the Product. All rights in and to the Software not expressly granted to you in this Agreement are reserved by Inverto.
4. Access to Content. The Product is enabled to permit users to access content provided by various third party service providers (“Service Providers”). In order to access content that is available through the Product, you may be required to maintain a valid and active subscription/account in good standing with one or more Service Providers.You must adhere to Inverto’s terms of service and to the terms of service of any Service Provider whose content you choose to access. Inverto may add or remove Service Providers from time to time, in its sole discretion.
You are responsible for ensuring that any age-restricted content is not viewed by any person not meeting the applicable age limits, as specified by law, regulation or the Service Provider.
THIS PRODUCT CONTAINS TECHNOLOGY SUBJECT TO CERTAIN INTELLECTUAL PROPERTY RIGHTS OF MICROSOFT. USE OR DISTRIBUTION OF THIS TECHNOLOGY OUTSIDE OF THIS PRODUCT IS PROHIBITED WITHOUT THE APPROPRIATE LICENSE(S) FROM MICROSOFT. CONTENT OWNERS USE WINDOWS MEDIA DIGITAL RIGHTS MANAGEMENT TECHNOLOGY (WMDRM/PLAYREADY) TO PROTECT THEIR INTELLECTUAL PROPERTY, INCLUDING COPYRIGHTS. THIS DEVICE USES WMDRM/PLAYREADY SOFTWARE TO ACCESS WMDRM/PLAYREADY-PROTECTED CONTENT. IF THE WMDRM/PLAYREADY SOFTWARE FAILS TO PROTECT THE CONTENT, CONTENT OWNERS MAY ASK MICROSOFT TO REVOKE THE SOFTWARE’S ABILITY TO USE WMDRM/PLAYREADY TO PLAY OR COPY PROTECTED CONTENT. REVOCATION DOES NOT AFFECT UNPROTECTED CONTENT. WHEN YOU DOWNLOAD LICENSES FOR PROTECTED CONTENT, YOU AGREE THAT MICROSOFT MAY INCLUDE A REVOCATION LIST WITH THE LICENSES. CONTENT OWNERS MAY REQUIRE YOU TO UPGRADE WMDRM/PLAYREADY TO ACCESS THEIR CONTENT. IF YOU DECLINE AN UPGRADE, YOU WILL NOT BE ABLE TO ACCESS CONTENT THAT REQUIRES THE UPGRADE.
5. Open Source Software. (a) This software may contain components that are subject to open-source terms, as stated in the documentation accompanying the Product. This Agreement does not apply to this software as such. (b) Your license rights under this Agreement do not include any right or license to use,distribute or create derivative works of the Software in any manner that would subject the Software to Open Source Terms. Open Source Terms means the terms of any license that directly or indirectly (1) create, or purport to create, obligations for Inverto with respect to the Software and/or derivativeworks thereof; or (2) grant, or purport to grant, to any third party any rights orimmunities under intellectual property or proprietary rights In the Software orderivative works thereof.
6. Termination. This Agreement shall be effective upon installation or first useof the Product and Software and shall terminate (i) at the discretion of Inverto, due to yourfailure to comply with any term of this Agreement: or (ii) upon destructionof all copies of the Software and related materials provided to you by Invertohereunder: Inverto's rights and your obligations shall survive the termination ofthis Agreement.
7. Upgrades. Inverto may, at its sole option, make upgrades to the Softwareavailable by general posting on a website or by any other means or methods. Such upgrades may be made available pursuant to the terms of this Agreementor the release of such upgrades to you may be subject to your acceptance ofanother agreement.
8. Limited Software Warranty. Inverto provides the Software 'as is’ and withoutany warranty except that the Software will perform substantially in accordancewith the documentation accompanied with the Product for aperiod of oneyear after your first download, installation or use of the Software, whicheveroccurs first. This warranty excludes any performance degradation, failures, and/or amendments that ensue from changes in transmission signals, interference of other signals, protocols, security systems, video and/or audio codec’s, and/or any technical parameter that is independent of Inverto, and Inverto may or may not offer an update to the Software to adapt its behavior to suit such amendments at cost or for free at its sole discretion. This limited Warranty is subject to end user enabling the software update feature of the Product. Failure of the user to do so will render this limited warranty void. This limited warranty shall be void if failure of the Software has resulted from any accident, abuse, misuse or wrongful application. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
THE REMEDY PROVIDED IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER REMEDIES, ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY.
Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the limitations in the warranty may not apply to you. The limited warranty gives You specific legal rights. You may also have other rights that vary from jurisdiction to jurisdiction.
9. NO OTHER WARRANTIES. EXCEPT AS SET FORTH ABOVE, INVERTO AND ITS SUPPLIERS/LICENSORS DO NOT WARRANT THAT THE SOFTWARE WILLOPERATE ERROR FREE OR UNINTERRUPTED, OR WILL MEET YOURREQUIREMENTS YOU ASSUME ALL RESPONSIBILITIES FOR SELECTIONOF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FORTHE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THESOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLELAW, INVERTO AND ITS SUPPLIERS/LICENSORS DISCLAIM ALL WARRANTIES ANDCONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUTNOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY ORCOMPLETENESS OF RESULTS WITH RESPECT TO THE SOFTWARE ANDTHE ACCOMPANYING MATERIALS.THERE IS NO WARRANTY AGAINSTINFRINGEMENT INVERTO DOES NOT WARRANT THAT YOU WILL BEABLE TO DOWNLOAD, COPY, STORE, DISPLAY, TRANSFER, AND/ORPLAY SECURE CONTENT.
10. LIMITATION OF LIABILlTY. UNDER NO ClRCUMSTANCES WILL INVERTO OR ITS SUPPLIERS/LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL,INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER,INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OFPROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESSINFORMATION, LOSS OF DATA, LOSS OF USE,COST OF SUBSTITUTE GOODSOR OTHER PECUNIARYLOSS, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), ARISING OUT OF, OR IN CONNECTION WITH THE PRODUCT OR YOUR USE THEREOF,EVEN IF INVERTO OR ITS SUPPLIERS/LICENSORS HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INVERTO’S OR ITS SUPPLIERS’ TOTAL CUMULATIVE LIABILITY RELATING TO THE PRODUCT EXCEED THE PURCHASE PRICE OF THE PRODUCT.
11. Trademarks. Certain ofthe product and Inverto names used in thisAgreement, the Software, and the printed user documentation may constitute trademarksof Inverto, its Iicensors or other third parties. You are not authorized to useany such trademarks.
12. Advertising and Promotional Messages. Inverto and the Service Providers reserve the rights to deliver and display advertising and promotional messages to you through the Product and to include such advertising and promotional messages in or with any user interface, notices or content that are displayed using the Product. The Product may offer the possibility to configure whether you wish to continue receiving such information as provided in the relevant user manual, datasheets or specifications.
13. Export Administration. You agree that you will not directly or indirectly,export or re-export the Software to any country for which the United StatesExport Administration Act, or any similar United States law or regulationrequires an export license or other U.S. Government approval, unless theappropriate export license or approval has first been obtained. By downloadingor installing the Software you agree to abide by this Export provision.
14. Governing law. This Agreement shall be governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg, , without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any action, controversy or proceeding arising from or relating to this Agreement may be brought inthe courts in Luxembourg city, and each party irrevocably submits to the exclusive jurisdiction and venue of any such court in any such action or proceeding. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
15. General. This Agreement contains the entire agreement between youand Inverto and supersedes any prior representation, undertaking or other communication or advertising with respect to the Software and userdocumentation. No waiver or modification of the Agreement will be valid unless signed by each party. If any part of this Agreement is held invalid, the remainder ofthis Agreement will continue in full force and effect. This Agreement shall notprejudice the statutory rights of any party dealing as a consumer.