SlingPlayer (Universal Edition) Software License Agreement
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE SOFTWARE OR ANY ACCOMPANYING DOCUMENTATION. THE TERMS OF THE SOFTWARE LICENSE AGREEMENT COVER THIS SOFTWARE, THE SOFTWARE AND FIRMWARE EMBEDDED IN YOUR SLINGBOX, AND ANY ACCOMPANYING DOCUMENTATION (COLLECTIVELY, THE “SOFTWARE”).
WHAT IS THIS DOCUMENT?
This software license agreement (the "Agreement") forms part of an agreement between Sling Media Inc. ("Sling Media") and you.
Sling Media needs to have an agreed, written record of the terms and conditions upon which we will make the Software available for your use to ensure that you understand your rights and obligations. To ensure this certainty, Sling Media will not agree to any changes to this Agreement unless Sling Media has agreed to them in advance and in writing.
TERMS AND CONDITIONS
THE TERMS AND CONDITIONS OF THIS AGREEMENT GOVERN YOUR USE OF THE SOFTWARE UNLESS YOU AND SLING MEDIA HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT PERTAINING TO THE SOFTWARE.
In order to use and access your Slingbox through your computer or mobile device, you must use this Software. Sling Media is willing to license the Software to you upon the terms and conditions contained in this Agreement. It is important that you carefully read the terms and conditions set out below before downloading, installing, or using the Software.
ONLY CLICK ON THE “I ACCEPT” BUTTON BELOW OR DOWNLOAD, INSTALL OR USE THE SOFTWARE, IF YOU WISH TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS BELOW.
IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS AGREEMENT, PLEASE CLICK THE “I DO NOT ACCEPT” BUTTON; DO NOT THEN DOWNLOAD, INSTALL, COPY, ACCESS OR MAKE ANY OTHER USE OF THE SOFTWARE.
If you do not accept all the terms of this Agreement, then Sling Media is unwilling to license the Software to you, and you may return the Software for a full refund.
1. Grant of License.
Subject to the terms and conditions of this Agreement, Sling Media grants a limited license for you, as a single user, to install and use the executable form of the Software on a single computer or mobile device owned by you. This license may not be transferred by you to any third party and is non-exclusive, as Sling Media may grant the same or similar licenses to other third parties.
The license granted to you by Sling Media is solely for your personal, lawful, non-commercial use in connection with a Slingbox owned by you and connected to an audiovisual source that you are lawfully entitled to view.
You may make a single copy of this Software for backup purposes, provided that you reproduce on it all copyright and other proprietary notices that are on the original copy of this Software.
All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "Marks") of Sling Media are and shall remain the exclusive property of the Sling Media. Nothing in this Agreement shall grant you the right or give you permission to use or reproduce any of these Marks.
Sling Media reserves all rights in the Software not expressly granted to you in this Agreement. If Sling Media provides you with any update to the Software (“Update”), your use of such Update will be governed by the terms and conditions of this Agreement or other terms and conditions that relate to such Update.
This Software is protected by the copyright laws and other intellectual property laws of the country or countries in which you use the Slingbox and the Software. Each country will have different laws and regulations that will apply to the content that you may access and view and the way in which you receive content through the Slingbox. It is your own responsibility to familiarize yourself with the relevant laws and to comply fully with such laws.
YOU AGREE THAT THE SOFTWARE AND THE SLINGBOX WILL BE USED SOLELY FOR YOUR OWN PRIVATE AND PERSONAL PURPOSES, AND YOU WILL NOT PUBLICLY SHOW OR OTHERWISE MAKE AVAILABLE TO THE PUBLIC OR ANY UNAUTHORIZED PARTY ANY CONTENT DELIVERED THROUGH THE SOFTWARE OR THE SLINGBOX.
Except as expressly specified in this Agreement, you may not:
- copy or modify the Software;
- transfer, sublicense, lease, lend, rent or otherwise distribute the Software to any third party; or
- make the functionality of the Software available to any other user through any means, including but not limited to, uploading the Software to a network or file-sharing service or through any hosting, application services provider, service bureau or any other type of services.
You may only use the Software in connection with your personal Slingbox, and you may not use the Software to access or attempt to access another party’s Slingbox, nor may you use the Software for any illegal activity.
You may not share your administrator password, user password, your Slingbox Finder ID, or your Sling Media registration ID with any third party.
The Software, including but not limited to the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Sling Media and third parties.
You shall not disassemble, decompile, “hack” into or otherwise reverse engineer the Software, in whole or in part, or permit or authorize a third party to do so, except to the extent such restrictions are expressly prohibited by applicable law.
You are solely responsible for any data or mobile telecommunications charges incurred by you as a result of your use of the Software or your Slingbox, and you shall comply with the terms and conditions of any data, telecommunications, Internet, broadcast or broadband service provider in connection with your use of your Slingbox and the Software.
Some jurisdictions, such as the United Kingdom, require that users obtain a television license to receive television programming. You are solely responsible for obtaining and paying for such a license in addition to any cable, satellite or access fees that may be applicable, and you shall comply with the terms and conditions of your cable or satellite provider or television licensing authority. Check with your television licensing authorities in your local jurisdiction for more information.
SLING MEDIA IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THE SOFTWARE OR YOUR SLINGBOX.
The Software is licensed to you and not sold.
You own the media on which the Software is recorded, but Sling Media retains ownership of the Software, including all intellectual property rights in the Software. The Software is protected by the intellectual property laws of the United States and international treaties and the copyright laws of the countries in which you may use the Software.
You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Software as delivered to you.
If you encounter any problems using the Software, please contact www.slingmedia.com for support information. During the applicable warranty period, Sling Media will use reasonable efforts to respond to any problems you may encounter using the Software.
6. Term and Termination of this Agreement.
This Agreement remains in force between you and Sling Media until terminated.
You may terminate this Agreement at any time by destroying all copies of the Software in your possession or control and ceasing your use of your Slingbox.
This Agreement will automatically terminate without notice if you breach any term of this Agreement, in which case you must promptly destroy all copies of the Software in your possession or control. If you breach this Agreement but then inform Sling Media promptly, Sling Media will normally give you an opportunity to put matters right within a reasonable time unless your breach is a serious misuse of the Software, which shall be assessed in Sling Media’s sole discretion.
7. Statutory Rights and Limited Warranty in Relation to the Software.
For a 90-day period following the date of your purchase or download of the Software Sling Media warrants that the Software will be of satisfactory quality and fit for its normal purpose and that the Software will be suitable for use in a general, non commercial environment and in a manner consistent with the functionality and specifications set out in the Software description.
If the Software is provided to you on physical media, Sling Media warrants that the media on which the Software is provided will be substantially free from defects in material and workmanship for a 90-day period after the date of your purchase of the Software.
Sling Media shall replace any defective media returned to Sling Media within a 90-day period after the date of your purchase of the Software and with reasonable skill and care. Also, Sling Media warrants that for a 90-day period following the date of your purchase or download of the Software that the Software will substantially perform in accordance with the documentation.
During the limited warranty period set forth above, Sling Media shall, at its option, correct or replace the non-conforming Software free of charge or refund your purchase price for the Software. The aforementioned repair, replacement or refund options shall be your sole and exclusive remedy with regards to the warranty set forth in this section.
Sling Media does not warrant that the Software will meet your specific requirements, that the Software will operate in the combinations that you may select for use, that the operation of the Software will be error-free or uninterrupted, or that all Software errors will be corrected.
The warranties set forth in this Section 7 do not apply to the extent that: (i) Sling Media provides you with the Software (or portions of the Software) for beta, evaluation, testing or demonstration purposes; (ii) you have not properly used or installed the Software in accordance with the documentation; or (iii) you have modified, combined or altered the Software in any way.
All third party software is provided "AS IS." You assume the entire risk as to the quality, performance, accuracy and effect of such software, and should it prove defective, you, and not Sling Media, assume the entire cost of all necessary servicing or repair
SLING MEDIA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS OTHER THAN THE WARRANTIES ESTABLISHED IN SECTION 7, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, TO THE EXTENT PERMITTED BY MANDATORY LAW. THE DURATION OF ANY IMPLIED WARRANTIES IS LIMITED TO THE DURATION OF THE EXPRESS WARRANTIES ESTABLISHED IN SECTION 7.
The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.
Other than those set out in Section 7, Sling Media does not give any other promises, guarantees, or warranties about the Software.
9. Sling Media's Responsibility to You.
FOR CUSTOMERS OF THE UNITED STATES:
SLING MEDIA’S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL NOT EXCEED THE LIABILITY ARISING FROM MANDATORY LAW.
IF NO MANDATORY LAW APPLIES OR TO THE EXTENT MANDATORY LAW OTHERWISE PERMITS, SLING MEDIA’S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE SLINGBOX, AND IN NO SUCH EVENT WILL SLING MEDIA BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SLING MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
FOR CUSTOMERS OUTSIDE OF THE UNITED STATES:
SLING MEDIA ACCEPTS UNLIMITED LIABILITY IN RESPECT OF DEATH OR PERSONAL INJURY CAUSED TO YOU BY SLING MEDIA'S NEGLIGENCE AND FOR ANY LIABILITY ARISING UNDER THE CONSUMER PROTECTION ACT OF 1987. SLING MEDIA WILL NOT LIMIT THIS RESPONSIBILITY.
SLING MEDIA ALSO ACCEPTS RESPONSIBILITY FOR LOSS OR DAMAGE TO YOUR PHYSICAL PROPERTY CAUSED BY THE SOFTWARE OR ARISING FROM OUR DELIBERATE MISCONDUCT OR NEGLIGENCE. WE WILL PAY UP TO £10,000 IN ANY 12-MONTH PERIOD FOR THIS LOSS OR DAMAGE.
Sling Media also accepts liability for direct, reasonably foreseeable (expected) losses arising as a direct consequence of breach by Sling Media of its statutory duty.
Sling Media shall not be liable in such circumstances where the causes or potential causes of the loss:
- were not reasonably foreseeable (expected); and/or
- arose as a result of the use of the Software or the Slingbox for purposes other than those contemplated in Sections 1 and 2 or the documentation; and/or
- were reasonably foreseeable and preventable by you, such as, but not limited to: virus damage, data or information lost because you have failed to maintain back-ups or copies, or problems inflicted by you or as a result of using the Software or Slingbox other than in accordance with the documentation or this Agreement.
EXCEPT AS DESCRIBED IN THE FIRST TWO PARAGRAPHS OF THIS SECTION 9, SLING MEDIA WILL NOT PAY YOU MORE THAN £10,000 IN COMPENSATION (EVEN IF WE HAVE BEEN NEGLIGENT) IN ANY 12-MONTH PERIOD.
SLING MEDIA HAS NO OBLIGATION TO COMPENSATE FOR ANY FINANCIAL LOSS, LOSS OF PROFIT, ANTICIPATED SAVINGS, LOSS OF OR CORRUPTION TO DATA OR FOR ANY LOSS THAT COULD NOT HAVE BEEN REASONABLY FORESEEN (EXPECTED) CONSIDERING THE SOFTWARE IS FOR PERSONAL USE ONLY AND NOT FOR USE IN CONNECTION WITH ANY BUSINESS.
10. Government Users.
The Software and its documentation are “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212, DFAR 252.227-7014, and DFAR 252.227.7202. Any use, duplication, or disclosure of the Software or its documentation by or on behalf of the U.S. government is subject to restrictions as set forth in this Agreement. Sling Media, Inc. 1051 East Hillsdale Blvd, Suite 500, Foster City, California 94404.
11. Export Law.
You are advised that the Software is subject to export laws (including export laws of the United States, European Union and Hong Kong) and regulations and laws of the country where it is delivered or used. Under these laws neither the Software nor any technical data related to the Software may be sold, leased or transferred to any country or end-user prohibited by, such laws and regulations. You agree to be bound by these laws.
If you are a customer in the United States, then this Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflicts of law rules or principles. If you are a customer outside of the United States, then this Agreement is to be interpreted in accordance with the laws of the country in which you live at the time a dispute arises from the Agreement.
The United Nations Convention on Contracts for the International Sale of Goods will not apply.
You must not transfer this Agreement, as it is personal to you, without written authority from Sling Media. This authority will not be refused without good reason.
If you breach this Agreement including any of its terms or conditions and Sling Media takes no action, Sling Media will still be entitled to exercise its rights and remedies in any situation where you breach this Agreement.
This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter. If you are ordering through a purchase order or other ordering document, then any terms or conditions contained in such purchase order or other ordering document that are inconsistent with or in addition to the terms and conditions of this Agreement are hereby rejected by Sling Media and will be deemed null and of no effect.
The original of this Agreement has been written in English, and that version will apply if there is any dispute between Sling Media and you.
13. Contact Information. If you have any questions regarding this Agreement, you may contact Sling Media at email@example.com.
Last Updated: October 8, 2007