End User License Agreement
Apogee Telecom, Inc.
End User License Agreement
NOTICE – THIS IS A LEGAL AGREEMENT BETWEEN YOU ("You" or the "Authorized User") AND APOGEE TELECOM, INC., (“Apogee”). BEFORE DOWNLOADING, ACCESSING, OR USING ANY PART OF STREAM2, ORCATV, or AUTHENTICATED CONTENT (“Services”), YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS END USER LICENSE AGREEMENT (the or this "EULA") AS THEY GOVERN YOUR ACCESS TO AND USE OF APOGEE’S SERVICES. YOU ACKNOWLEDGE AND AGREE THAT (1) YOU HAVE READ THIS END USER LICENSE AGREEMENT ("LICENSE AGREEMENT"); (2) YOU UNDERSTAND IT; (3) YOU ARE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT; AND (4) YOU MAY RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE FOREGOING, YOU AGREE THAT YOU DO NOT HAVE A LICENSE TO, AND YOU WILL NOT USE THE SERVICES.
TERMS AND CONDITIONS
- Services are provided by Apogee, and this EULA provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Services conditioned on your continued compliance with the terms and conditions of the EULA as may be edited from time to time, without notice, and published on our website for your regular review. The Software is licensed, not sold or given, to you by Apogee for use only under the terms of the EULA and all rights not specifically granted to you herein are reserved to Apogee and to any third party with ownership rights in software and documentation used in the Software. You may not remove any proprietary notice of Apogee or any other party from any copy of the Software or documentation.
- PERMITTED USE. You may download the Services software into your personal device so that you may access content through the software. This EULA permits you to use and access Services for personal entertainment purposes only (i) on up to three personal devices (ii) from the Campus Internet Network, and (iii) while enrolled as a full-time dorm student.
- The Software and content accessed through it contains material that is protected by copyright and other applicable intellectual property laws in the U.S. and other territories. As a condition of the limited license for the Software granted to you under this EULA you may NOT: (i) publish, display, copy, disclose, rent, lease, modify, loan, distribute or create derivative works based on the Software or content or any part thereof; (ii) attempt to create the source code from the object code of the Software; (iii) transmit or make the Software available over a network or other distribution method where it could be used by others; (iv) export or re-export software; (v) take any action that will infringe on the intellectual property or other proprietary rights of Apogee or any third party provider.
- USER OBLIGATIONS. By downloading, accessing, or using the Services in order to view content and materials or submit information of any kind, you represent that you are enrolled at or employed by the Campus and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Services, including, without limitation, when you provide information via a user registration or submission form. In addition, you agree to abide by all applicable local, state, national, international and Campus laws and regulations with respect to your use of Apogee’s Services. This EULA is also expressly made subject to any applicable export laws, orders, restrictions, or regulations.
- SOFTWARE UPDATES. Apogee may issue upgraded versions in connection with your use of the Services ready device. You may receive updates automatically or they may require you to consent to an upgrade to the Software before using, installing or accessing the Software. If you decline the Software updates, you may not be able to use or access the Software or the Services service. Your ability to use the Services service is not guaranteed and is subject to your system compatibility with our Software as such requirements may change from time to time. Compatibility of system requirements with the Software is your responsibility.
- USE OF DATA. Your device may provide Apogee with limited information related to your use of Apogee’s Services including viewed programming content, amount of time viewed, information regarding your computer system, such as a unique device identifier, your operating system, existing software, amount of available storage space and internet connectivity, and your interaction with the Software. If you transmit any suggestions, information, material, announcements, photographs, videos or other content (“Submissions”) to Apogee, you represent and warrant that such submissions violate proprietary rights of any third party. In addition, any submissions received will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Apogee to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
- TERM AND TERMINATION. This EULA will take effect at the moment you install, access, or use Apogee software to access services and is effective until terminated as set forth below. This EULA will terminate automatically if you fail to comply with this EULA, subject to survival rights of certain provisions, or if Apogee revokes this EULA for wrongful conduct. Termination will be effective without notice. You may also terminate this EULA at any time by ceasing to use the services, subject to survival rights of certain provisions. Apogee’s proprietary rights, use of data, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this EULA for any reason.
- PROPRIETARY RIGHTS. This EULA provides only a limited license to access and use the Services. Accordingly, you expressly acknowledge and agree that Company transfers no ownership or intellectual property interest or title in and to these Services to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Services, unless otherwise indicated, are owned, controlled, and licensed by the content owner and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Apogee does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Apogee, the Campus, the Campus logo, and all other names, logos, and icons identifying Apogee and the Campus and its programs, products, and services are proprietary trademarks of the Owner, and any use of such marks, including, without limitation, as domain names, without the express written permission of the Owner is strictly prohibited.
- DISCLAIMER. WHILE APOGEE ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. APOGEES DOES NOT WARRANT THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ASSUME THE SOLE RISK OF MAKING USE OF THE SERVICES. APOGEE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT RELIABILITY, LEGALITY, OR ACCURACY OF THE SERVICES FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY. APOGEE ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY DOWNLOADABLE FILES OR INFORMATION WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. COMOPANY MAKES NO REPRESENTATION THAT THE SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OTHER THAN ON YOUR CAMPUS’S PROPERTY.
- LIMITATION OF LIABILITY. You expressly absolve and release Apogee from any claim of harm resulting from a cause beyond Apogee's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL APOGEE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF APOGEE FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE BUYER OF THE SERVICES TO APOGEE IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.
- INDEMNITY. You agree to defend, indemnify, and hold harmless Apogee and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of this EULA.
- GOVERNING LAW. This EULA has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of Texas, U.S.A. You agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this EULA and acknowledge that either party may seek attorney's fees in any proceeding. Any claim you might have against Apogee must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this EULA and is hereby disclaimed.
- MISCELLANEOUS. You acknowledge that any breach, threatened or actual, of this EULA will cause irreparable injury to Company, such injury would not be quantifiable in monetary damages, and Company would not have an adequate remedy at law. You therefore agree that Company shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this EULA. The parties agree that this EULA is for the benefit of the parties hereto as well as any content owners’ rights. Failure by Company to insist on strict performance of any of the terms and conditions of this EULA will not operate as a waiver by Company of that or any subsequent default or failure of performance. If any provision (or part thereof) contained in this EULA is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this EULA or your utilization of the Services. Headings herein are for convenience only.
© 2016 Apogee Telecom, Inc. All content herein is protected by copyright and other applicable intellectual property laws in the U.S. and other territories and may not be modified, copied or used in any manner without the express permission of Netflix, Inc., which reserves all rights. Reuse of any of this content for any purpose without the permission of Netflix, Inc. is strictly prohibited.
Any questions, complaints or claims regarding the Services shall be directed to http://help.mystream2.com/
Dated: November 23, 2016