2.1 You are given a
non-transferable, non-exclusive, non-sublicensable license to install and use the
Licensed Application on any Devices that You (End-User) own or control and
as permitted by the Usage Rules, with the exception that such Licensed
Application may be accessed and used by other accounts associated with You
(End-User, The Purchaser) via Family Sharing or volume purchasing.
2
.
2 This license will also govern any updates
of the Licensed Application provided by Licensor that replace, repair,
and/or supplement the first Licensed Application, unless a separate license is provided for such update,
in which case the terms of that new
license will govern.
2
.
3
You may not share or make the Licensed Application available to third parties
(unless to the degree allowed by the Usage Rules, and with Caspen Media Corporation's prior written consent),
sell, rent, lend, lease or otherwise redistribute the Licensed
Application.
2
.
4 You may not reverse
engineer, translate, disassemble, integrate, decompile, remove, modify,
combine, create derivative works or updates of, adapt, or attempt to derive
the source code of the Licensed Application, or any part thereof (except
with Caspen Media Corporation's prior written
consent).
2
.
5 You may not copy
(excluding when expressly authorized by this license and the Usage Rules) or alter
the Licensed Application or portions thereof. You may create and store
copies only on devices that You own or control for backup keeping under the
terms of this license, the Usage Rules, and any
other terms and conditions that apply to the device or software used. You
may not remove any intellectual property notices. You acknowledge that no
unauthorized third parties may gain access
to these copies at any time. If you sell your Devices to a third party, you
must remove the Licensed Application from the Devices before doing so.
2
.
6 Violations of the
obligations mentioned above, as well as the attempt of such infringement,
may be subject to prosecution and damages.
2
.
7 Nothing in this
license should be interpreted to
restrict third-party terms. When using the Licensed Application, You must
ensure that You comply with applicable third-party terms and
conditions.
3. TECHNICAL
REQUIREMENTS
3.
1 The Licensed
Application requires a firmware version
1.0.0 or higher. Licensor recommends using
the latest version of the firmware.
3.
2 Licensor attempts
to keep the Licensed Application updated so that it complies with
modified/new versions of the firmware and new hardware. You are not granted
rights to claim such an update.
3.
3 You acknowledge
that it is Your responsibility to confirm and determine that the app
end-user device on which You intend to use the Licensed Application
satisfies the technical specifications mentioned above.
3.
4 Licensor reserves
the right to modify the technical specifications as it sees appropriate at
any time.
4. MAINTENANCE AND
SUPPORT
4.1 The Licensor is solely
responsible for providing any maintenance and support services for this Licensed Application. You can
reach the Licensor at the email address listed in the App Store
Overview for this Licensed Application.
4.2
Caspen Media Corporation
and the End-User
acknowledge that the Services have no obligation whatsoever to furnish
any maintenance and support services with respect to the Licensed
Application.
5. USE OF
DATA
You acknowledge that
Licensor will be able to access and adjust Your downloaded Licensed
Application content and Your personal information, and that Licensor's use
of such material and information is subject to Your legal agreements with
Licensor and Licensor's privacy policy:
https://www.noiretv.com/terms-of-service/
.
You acknowledge that the Licensor may periodically collect and use technical
data and related information about your device, system, and application software, and peripherals, offer
product support, facilitate the software updates, and for purposes of providing other services to you (if
any) related to the Licensed Application. Licensor may also use this information to improve its products
or to provide services or technologies to you, as long as it is in a form that does not personally
identify you.
6. USER-GENERATED
CONTRIBUTIONS
The Licensed Application may invite you
to chat, contribute to, or participate in blogs, message boards, online
forums, and other functionality, and may provide you with the opportunity
to create, submit, post, display, transmit, perform, publish, distribute,
or broadcast content and materials to us or in the Licensed Application,
including but not limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information or other material
(collectively, "Contributions"). Contributions may be
viewable by other users of the Licensed Application and through third-party
websites or applications. As such, any Contributions you transmit may be
treated as non-confidential and non-proprietary. When you create or make
available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and
the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of
any third party.
2. You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the
Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and
this License
Agreement.
3. You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or likeness or each and every such
identifiable individual person to enable inclusion and use of your Contributions in any manner
contemplated by the Licensed Application and this License Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or
unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of
those terms) any other person and to promote violence against a specific person or class of
people.
9. Your Contributions do not violate any applicable law, regulation, or
rule.
10. Your Contributions do not violate the privacy or publicity rights of any
third party.
11. Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected
to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that
violates, any provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this
License Agreement and
may result in, among other things, termination or suspension of your rights to use the Licensed
Application.
7. CONTRIBUTION
LICENSE
By posting your Contributions to any part of the Licensed Application or making
Contributions accessible to the Licensed Application by linking your account from the Licensed
Application to any of your social networking accounts, you automatically grant, and you represent and
warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and
license to host, use copy, reproduce, disclose, sell,
resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such Contributions (including, without
limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare
derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of
the foregoing. The use and distribution may occur in any media formats and through any media
channels.
This license will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company name, and franchise name, as applicable,
and any of the trademarks, service marks, trade names, logos, and personal and commercial images you
provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not
otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or representations in your
Contributions provided by you in any area in the Licensed Application. You are solely responsible for
your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate
locations in the Licensed Application; and (3) to prescreen or delete any Contributions at any time and
for any reason, without notice. We have no obligation to monitor your Contributions.
8.
LIABILITY
8.1
Licensor's responsibility in the case of violation of obligations and tort
shall be limited to intent and gross negligence. Only in case of a breach
of essential contractual duties (cardinal obligations), Licensor shall also
be liable in case of slight negligence. In any case, liability shall be
limited to the foreseeable, contractually typical damages. The limitation
mentioned above does not apply to injuries to life, limb, or health.
8.2
Licensor takes no accountability or responsibility for any damages caused
due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss,
You are required to make use of backup functions of the Licensed
Application to the extent allowed by applicable third-party terms and
conditions of use. You are aware that in case of alterations or
manipulations of the Licensed Application, You will not have access to the
Licensed Application.
9.
WARRANTY