Hive Streaming license agreement for end users

Hive Streaming license agreement for end users

 

IMPORTANT NOTICE – PLEASE READ THE FOLLOWING CAREFULLY: This end user license agreement (the “Agreement”), is a legal agreement entered into between you (“End User”) and Hive Streaming AB, company registration number 556648-5396, Fatbursgatan 1, 118 28 Stockholm, Sweden, e-mail address info@hivestreaming.com (the “Licensor”), regarding End User’s installation and use of the software “Hive Streaming” (the “Licensed Software”).

End User must accept the terms and conditions of this Agreement in order to have the right to install and use the Licensed Software. END USER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF END USER DOES NOT AGREE, DO NOT INSTALL, COPY OR USE THE LICENSED SOFTWARE.

1. GRANT OF LICENSE

The Licensor hereby grants End User, a non-exclusive, non-transferable and non-assignable license to download, install and use the current version of the Licensed Software, solely for the Purpose (as defined under Section 2 below) and in accordance with the terms and conditions of this Agreement. End User may only use the Licensed Software for its own personal use and provided that End User complies with the terms and conditions of this Agreement.

2. PERMITTED USE

End User may only use the Licensed Software in the course of and in relation to End User’s use of the Licensor’s services under the conditions set out in the Licensor’s “Terms of Use” and solely for the purpose of being able to watch TV-programs, video streams and/or audio streams distributed by the Licensor by using peer-to-peer distribution technology (the “Purpose”).

3. RESTRICTIONS

End User may not use, or allow the use of, the Licensed Software for rental purposes or in the operation of a service bureau or permit any third party to use the Licensed Software. End User is not allowed to offer the Licensed Software as a service or to let a third party access the Licensed Software.

End User is expressly prohibited from using, or allowing the use of, the Licensed Software as on-line control equipment in the operation of a nuclear facility, aircraft navigation or aircraft communication systems or air traffic control machines or to communicate with any health critical applications or systems or any vital, critical or valuable applications or systems. The Licensed Software is built for personal entertainment use only and may only be used for the Purpose.

End User is not allowed to make copies of the Licensed Software, except for back-up purposes as expressly stated under mandatory law.

End User may not modify, adapt, translate or create derivative works based upon the Licensed Software and End User may not attempt to defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Licensed Software, including without limitation, any such mechanism used to restrict or control the functionality of the Licensed Software. Furthermore, End User may not reverse engineer, disassemble or decompile the Licensed Software or make any attempt in any fashion to obtain the source code to the Licensed Software, except to the extent such activities may not be waived by agreement under mandatory applicable law.

End User may not reproduce, sub-license, transfer, assign or distribute, the Licensed Software, or any part thereof, to any third party, whether separately or as part of any other software.

When installed on End User’s computer, the Licensed Software periodically communicates with the Licensor and/or its suppliers and other end users. End User acknowledges and agrees that the Licensor and/or its suppliers may automatically check the version of the Licensed Software installed on End User’s computer and the Licensor reserves the right to remotely provide upgrades to the Licensed Software installed on End User’s computer. The Licensor has no obligation to make available to End User any subsequent versions or updates of its software applications.

[If the Licensed Software is updated or upgraded, the restrictions set forth herein shall apply to both the updated/upgraded versions of the Licensed Software and all earlier versions.]

4. PROPRIETARY RIGHTS

The Licensor reserves all rights not expressly granted to End User in this Agreement. The Licensed Software is protected by copyright and other intellectual property laws and treaties. The Licensor or its suppliers is the owner of all rights, including the intellectual property rights, evidenced by, embodied in or related to the Licensed Software. The Licensor or its suppliers shall retain, on behalf of itself or the original owner, title to the Licensed Software and all intellectual property rights, including patents, trademarks, copyright and/or trade secrets, embodied in the Licensed Software and/or any modification or enhancement of the Licensed Software.

End User shall give the Licensor prompt notice of any claim from a third party brought against End User that the Licensed Software as it exists on the date of this Agreement infringes any patents, trademarks, copyright or other intellectual property rights. The Licensor will have the right – however not the obligation – to act on any such claim.

5. END USER GRANT AND OBLIGATIONS

The Licensed Software utilizes peer-to-peer distribution technology which means that parts of the TV-programs, video streams and/or audio streams that End User watches may be delivered to End User’s personal computer system via the personal computer systems of other end users of the Licensed Software, and the personal computer system on which End User install the Licensed Software may also be used to deliver parts of the TV-programs, video streams and/or audio streams to other End Users of the Licensed Software.

In the light of the above, End User hereby grants permission and a right for the Licensor and other end users of the Licensed Software to utilize and share the processor, hard drive and the bandwidth of End User’s personal computer system for the limited purpose of facilitating the communication between End User and other end users of the Licensed Software.

The Licensor will use all reasonable efforts to ensure that the use of End User’s processor, hard drive and the bandwidth of End User’s personal computer is made in a polite manner and that such use will not interfere with other important applications of the End User’s personal computer.

End User is solely responsible for any telecommunication charges or other connectivity charges incurred through the use of the License Software.

6. WARRANTY DISCLAIMER

END USER ACKNOWLEDGES AND AGREES THAT THE LICENSED SOFTWARE MIGHT NOT ALWAYS BE FREE FROM DEFECTS, BE COMPLETE, REAL-TIME OR AVAILABLE. THE LICENSOR MAKES NO WARRANTIES IN RESPECT OF THE LICENSED SOFTWARE AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR PROVIDES THE LICENSED SOFTWARE ON AN “AS IS” BASIS, WITH ALL FAULTS AND AT THE END USER’S SOLE RISK AND THE LICENSOR DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, AVAILABILITY, ACCURACY, COMPLETENESS, WORKMANLIKE EFFORT, LACK OF VIRUSES OR LACK OF NEGLIGENCE, ALL WITH REGARD TO THE LICENSED SOFTWARE AND RELATED CONTENT THROUGH THE LICENSED SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. IN ADDITION, THE LICENSOR GRANTS NO WARRANTIES OF TITLE OR NON-INFRINGEMENT WITH REGARD TO THE LICENSED SOFTWARE.

7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER, (INCLUDING BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF DATA OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE LICENSED SOFTWARE OR ANY RELATED CONTENT THROUGH THE LICENSED SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE LICENSED SOFTWARE, OR UNDER ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF NEGLIGENCE, STRICT LIABILITY OR BREACH OF CONTRACT OF THE LICENSOR AND EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The Licensor is only liable for direct damages caused through the negligence of the Licensor or its personnel. Except as expressly stated above, End User releases the Licensor from all obligations, liabilities, claims or demands relating to the Licensed Software. End User further agrees that it shall have no claim or take any cause of action against any third party licensor to the Licensor.

The Licensor shall not be liable for default or delay caused by any occurrence beyond its reasonable control or beyond the reasonable control of any supplier, including but not limited to fires, strikes, accidents and acts of God.

The entire liability of the Licensor under any provision of this Agreement and End user’s exclusive remedy hereunder shall be limited to SEK 100. The foregoing limitations, exclusions and disclaimers (including Sections 6 and 7) shall apply to the maximum extent permitted by applicable law.

8. TERMINATION

Each party may at any time terminate this Agreement and the license granted herein. The Licensor shall have the right, at any time, with or without cause, to demand the End User to uninstall and terminate its use of the Licensed Software and upon request by the Licensor; End User shall dispose of all originals and copies of the Licensed Software.

9. GENERAL TERMS

The Licensor may assign this Agreement and/or any of its rights and/or obligations hereunder. End User is not allowed to assign and/or transfer any of its rights or obligations hereunder.

This Agreement constitutes the complete and exclusive statement of the agreement between the parties as relates to the subject matter hereof and supersedes all proposals, oral or written, and all other representations, statements, negotiations and undertakings relating to the subject matter.

In the event any one or more of the provisions of this Agreement shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in effect and the Agreement shall be read as though the offending provision had not been written or as the provision shall be determined by such court to be read.

Upon termination or other expiration of this Agreement, End User shall forthwith return to the Licensor all papers, materials and other properties of the Licensor purposes of execution of this Agreement.

10. GOVERNING LAW AND DISPUTES

This Agreement shall be construed in accordance with and be governed by the laws of Sweden with exclusion of its conflict of laws principles.

All disputes arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and settled by the Stockholm District Court as first instance.

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Version 1.01

April 26, 2016

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