VEWD BROWSER EULA
END USER LICENSE AGREEMENT VEWD TV EMULATOR
Last Updated: November 6, 2018
This end user license agreement (“EULA”) governs your download and/or use of the executable code for the Vewd TV Emulator software, including any update or upgrade thereto (“Software”). This EULA forms a binding contract between you and Vewd Software AS, a Norwegian company with an address at Fridtjof Nansens plass 5, 7th Floor, NO-0160 Oslo, Norway (“Vewd”). By downloading and/or using the Software, you agree to be bound by all the terms and conditions set forth in this EULA.
TERMS & CONDITIONS
1. You are only granted a limited license to use the Software. The Software consists of an emulator environment for developers to test their HTML5 web applications (“Web Apps”) for use on connected TV and/or set-top-box devices running the Vewd Core (“Emulated Devices”). Subject to the terms and conditions of this EULA, Vewd hereby grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable license to (a) install the Software on one Windows, Mac or Linux computer (“Developer Device”); and (b) use the Software as installed on such Developer Device solely for internal development purposes in testing your Web Apps for Emulated Devices. For the avoidance of doubt, you may not distribute or make copies of the Software. You may only use the Software as expressly authorized in this Section 1.
2. You must respect our rights in the Software. Unless expressly permitted by law, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software. You may not remove, obscure, or alter any copyright notice or other proprietary rights notices affixed to or contained within the Software. You may not separate the component programs of the Software for use on different computers or sublicense, lease, rent, loan, or distribute the Software to any third party. You may not permit, direct or authorize any third party to take any action with respect to the Software which is inconsistent with the terms set forth in this EULA.
3. The Software contains our valuable intellectual property. You acknowledge and agree that the Software, including its sequence, structure, organization, source code and applicable documentation, contains valuable trade secrets and other intellectual property of Vewd and its suppliers. The Software is licensed and not sold to you, and no title or ownership to such Software or the intellectual property rights embodied therein is granted to you. The Software is the exclusive property of Vewd and its suppliers, and all rights in and to the Software not expressly granted to you in this Agreement are reserved. Nothing in this EULA will be deemed to grant, by implication, estoppel or otherwise, a license under any existing or future patents of Vewd, except to the extent necessary for you to use the Software as expressly permitted under this EULA. You acknowledge and agree that any actual or threatened breach of this EULA will constitute immediate, irreparable harm to Vewd for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for any such breach or violation.
4. Components from third parties may be delivered along with the Software. The Software is delivered along with certain software components provided by third parties (“Third Party Software”). Vewd shall not be responsible for any such Third-Party Software. Third-Party Software, particularly open source software, may be subject to separate license terms included with, or contained in the setup installation segments of such Third-Party Software. The terms set forth in this EULA do not apply to Third-Party Software to the extent they are inconsistent with such Third-Party Software licenses. This EULA governs your use of the Software in executable form. Source code for any open source Third-Party Software delivered along with the Software can be obtained by sending an email message to email@example.com.
5. You must ensure you have any necessary third party licenses. Certain functionality in the Software is intended for use in connection with the media architecture of the Developer Device upon which the Software is installed. You are solely responsible for independently investigating and ensuring that the Developer Device on which the Software is installed has all necessary third-party licenses as may be necessary for the streaming standards and/or DRM formats utilized by your Web App or that you otherwise acquire such licenses. Supply of the Software does not convey a license nor imply any right to distribute content compliant with such streaming standards and/or DRM formats.
6. Your privacy is important to us. Vewd takes the matters of protection and security of its users’ information very seriously and will treat any and all such information in accordance with our privacy statement, which is currently posted at https://www.vewd.com/contract/vewd-privacy-policy/ (“Privacy Statement”). The Privacy Statement is incorporated into this EULA by this reference. You agree to the use of your data in accordance with Vewd’s Privacy Statement.
7. Your license to use the Software terminates if you breach this EULA. This EULA will commence upon your download of the Software and continue in perpetuity unless terminated earlier as provided herein. This EULA will immediately terminate upon your breach of any of the terms or conditions set forth herein. Upon the termination of the EULA, you will discontinue all use of the Software, promptly destroy or have destroyed the Software and any copies thereof, and, upon request by Vewd, certify in writing that such destruction has taken place. These remedies are cumulative and in addition to any other remedies which may be available. Section 1, as well as Sections 3 through 12 of this EULA shall survive termination.
8. The Software is provided without any warranties or guarantees.
THE SOFTWARE IS PROVIDED “AS IS”, AND VEWD DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, SATISFACTORY QUALITY, OR QUIET ENJOYMENT. VEWD DOES NOT WARRANT THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE DOES NOT CONTAIN ANY VIRUSES. THIS WARRANTY DISCLAIMER IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND VEWD. VEWD WOULD NOT PROVIDE THE SOFTWARE ABSENT SUCH DISCLAIMER. NO REPRESENTATIONS OR WARRANTIES ARE MADE BY ANY OF VEWD’S CUSTOMERS OR SUPPLIERS UNDER OR BY VIRTUE OF THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOFTWARE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOFTWARE.
9. Vewd is not liable for any damages you may incur.
IN NO EVENT SHALL VEWD, ITS AFFILIATES, OR THEIR RESPECTIVE SUPPLIERS OR CUSTOMERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DAMAGES FOR INTERRUPTION OF BUSINESS, LOST DATA, LOST PROFITS, OR THE LIKE) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY, OR OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF VEWD ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT PAID TO VEWD IN RESPECT OF THE SOFTWARE GIVING RISE TO THE CLAIM OR, IF NO FEES WERE PAID, THEN FIVE HUNDRED EUROS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND VEWD. VEWD WOULD NOT PROVIDE THE SOFTWARE TO YOU ABSENT SUCH LIMITATION.
10. You are responsible for any damages caused by your breach of this EULA. You agree to indemnify and hold Vewd harmless against any cost, loss or damage arising out of your breach of this Agreement including, in particular and without limitation, any use or distribution of the Software outside of the scope of the rights set forth in Section 1 or any failure to acquire third party licenses for the streaming standards and/or DRM formats utilized by your Web App as required in Section 5.
11. This contract is based on Norwegian law. This EULA will be governed by the laws of Norway without giving effect to any conflicts of law principles that may require the application of the laws of a different country. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. All actions or proceedings arising under or related to this Agreement must be brought in the Oslo City Court, and you hereby agree to irrevocably submit to the exclusive jurisdiction and venue of any such court in all such actions or proceedings. Notwithstanding this, you agree that Vewd shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. If any provision of this EULA is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this EULA shall not be affected or impaired thereby.
12. Vewd may modify these Terms. Vewd may update the terms of this EULA or the Privacy Statement. The current version of this EULA is posted at http://www.vewd.com/contract/vewd-tv-emulator-eula and the latest version of the Privacy Statement is posted at https://www.vewd.com/contract/vewd-privacy-policy/. It is your responsibility to remain informed of any changes as you are bound by the latest version of the EULA and Privacy Statement.
13. General. You acknowledge and agree that the Software may contain cryptographic functionality the export of which may be restricted under applicable export control law. You will comply with all applicable laws and regulations in your activities with regard to the Software. You will not export or re-export the Software in violation of such laws or regulations or without all required licenses and authorizations. You may not assign or transfer this contract without obtaining Vewd’s prior written consent, and any purported assignment or transfer in violation of this restriction will be null and void.
BY READING COPYING OR USING THE SOFTWARE IN ANY WAY, OR CLICKING AN “ACCEPT” OR “AGREE” BUTTON, YOU REPRESENT AND WARRANT THAT: (1) THE INFORMATION YOU HAVE PROVIDED IS TRUE AND ACCURATE; (2) YOU ARE AT LEAST 18 YEARS OLD; (3) IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A BODY CORPORATE OR OTHER LEGAL ENTITY, YOU ARE AN AUTHORIZED REPRESENTATIVE OF SUCH ENTITY WITH THE POWER AND AUTHORITY TO ENTER INTO AND BIND IT TO THIS AGREEMENT; AND (4) YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.