END USER LICENSE AGREEMENT
END USER LICENSE AGREEMENT
This End User License Agreement (“License Agreement”) is entered into between you and MAVTV Plus, a division of Mav’rick Entertainment Network, Inc. (collectively “MAVTV”) and covers your use of the MAVTV software and applications (“Software”) and the MAVTV service. You agree to be bound by the terms of this License Agreement through (a) your download, installation or use of the Software; or (b) your express agreement to this License Agreement.
BY DOWNLOADING OR USING THE SOFTWARE, YOU ACKNOWLEDGE AND AGREE THAT (1) YOU ARE EIGHTEEN (18) YEARS OF AGE OR OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; (2) YOU HAVE READ THIS LICENSE AGREEMENT; (3) YOU UNDERSTAND IT; (4) YOU ARE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT; AND (5) 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 THE SOFTWARE AND WILL NOT USE IT.
- This License Agreement contains details on your limited right and license to use the Software solely in connection with your use of the MAVTV service. This License Agreement is between you and MAVTV and not any other party.
- The Software contains material that is protected by copyright and other applicable intellectual property laws in the U.S. and other territories and by international treaty provisions. The Software is licensed, not sold or given, to you by MAVTV for use only under the terms of this License Agreement and all rights not specifically granted to you herein are reserved to MAVTV and to any third-party with ownership rights in software and documentation used in the Software. You may not remove any proprietary notice of MAVTV or any other party from any copy of the Software or documentation. The rights granted under the terms of this License Agreement include any software upgrades that replace or supplement the original Software.
- MAVTV reserves the right, from time to time, with or without notice to you, to change the terms of this License Agreement in our sole and absolute discretion. The most current version of this License Agreement will supersede all previous versions. Your use of the Software after changes are made means that you agree to be bound by such changes. As such, you should review the License Agreement periodically.
- Grant of Limited License. MAVTV grants you (which, for purposes of this License Agreement, shall include members of your immediate household ,and users of the MAVTV service and ready device which you are accessing, and for whom you will be responsible hereunder) a non-exclusive, limited, personal and nontransferable license, subject to and conditioned on your compliance with the restrictions set forth in this License Agreement, to install and use the Software, in object code form only, provided to you by or on behalf of MAVTV in connection with your use of the MAVTV service.
- The license granted above includes the right to use documentation accompanying the Software for the sole purpose of using the MAVTV service and the right to make one (1) backup copy of the Software, provided that (i) the Software is installed on only the number of MAVTV ready devices authorized by MAVTV; (ii) the Software may NOT be modified; (iii) all copyright notices are maintained on the Software; and (iv) you agree to be bound by all the terms of this License Agreement.
- The Software is only for your own personal, non-commercial use and not for use in the operation of a business or service bureau, for profit or for the benefit or any other person or entity.
- As a condition of the limited license for the Software granted to you in this License Agreement, except as and only to the extent expressly permitted in this License Agreement or by applicable law which cannot be waived by this License Agreement, you may NOT: (a) publish, display, disclose, rent, lease, modify, loan, distribute or create derivative works based on the Software or any part thereof; (b) copy, decompile, reverse engineer, disassemble, translate, adapt or otherwise reduce the Software to human readable form; (c) attempt to create the source code from the object code of the Software; (d) transmit or make the Software available over a network where it could be used by multiple computers or MAVTV ready devices at the same time; (e) make any third-party software contained in the Software a standalone product; (f) take any action that will infringe on the intellectual property or other proprietary rights of MAVTV or any third-party software provider; (g) sublicense or assign the Software; (h) view any movies and TV shows provided by MAVTV or its suppliers anywhere other than within the country or location authorized by MAVTV (“Territory”); or (i) instantly watch movies and TV shows outside of the Territory. MAVTV may use technologies to verify your compliance.
- If you “uninstall” the Software, you will no longer be able to use the Software to view movies and TV shows on that MAVTV ready device.
- No ownership rights. You have no ownership rights in any Software. Rather, you have a limited license to use the Software as long as this License Agreement remains in effect. Ownership of the Software and all intellectual property rights therein shall remain at all times with MAVTV and/or its licensors. Any other use of the Software by any other person, business, corporation, government, or any other entity is strictly prohibited and is a violation of this License Agreement.
- Software. There are software programs contained within the Software that have been licensed to MAVTV by third parties. The term “Software” as used herein shall refer to such third-party software except where the term Software refers expressly to the ownership or other specific rights of MAVTV. The same terms and conditions, including all limitations and restrictions, set forth in this License Agreement apply to each third-party software program contained in the Software. Certain software programs specified in the licenses referenced in Section 10 (“Notices”) below may contain additional grants and/or restrictions.
- MAVTV may issue you an upgraded version of the Software automatically upon an instance of your use of the Software or the MAVTV service or otherwise in connection with your use of the MAVTV ready device. Alternatively, MAVTV may require you to consent to an upgrade to the Software (“Software Upgrades”) before using, installing, or accessing the Software. If you decline the Software Upgrades, you may not be able to use or access the Software or the MAVTV service.
- You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was legally obtained or authorized by MAVTV. In particular, but without limitation, the Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list.
- The Software and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through §227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
- This License Agreement is effective until terminated. Your rights under this License Agreement are terminable by MAVTV at any time without notice. Further, this License Agreement will terminate if MAVTV finds that you have violated any of the terms of this License Agreement. No waiver of any breach of any provision of this License Agreement by MAVTV shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless it is made in writing and is signed by an authorized representative of MAVTV. All provisions relating to confidentiality, proprietary rights, and nondisclosure shall survive the termination of this License Agreement. Your ability to use the MAVTV service 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. Upon the termination of this License Agreement, you shall cease all use of the Software and MAVTV service and destroy all copies, full or partial, of the Software that you may have downloaded hereunder.
- THE SOFTWARE IS PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, MAVTV, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATE AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, MAVTV PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE LICENSED SOFTWARE WILL MEET THE USER’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
- TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:
- (a) IN NO EVENT WILL MAVTV OR ITS AFFILIATES, OR ANY OF ITS SERVICE PROVIDERS, BE LIABLE TO LICENSEE OR ANY THIRD-PARTY FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SOFTWARE; LOST REVENUES OR PROFITS; DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, OR GOODWILL; LOSS OR CORRUPTION OF DATA; LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION; SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; OR BREACHES IN SYSTEM SECURITY; OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT MAVTV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- (b) IN NO EVENT WILL MAVTV’S AND ITS AFFILIATES’, INCLUDING ANY OF THEIR RESPECTIVE SERVICE PROVIDERS’, COLLECTIVE AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, EXCEED THE TOTAL AMOUNT PAID TO MAVTV PURSUANT TO THIS AGREEMENT FOR (i) THE SOFTWARE OR (ii) UP TO TWELVE (12) MONTHS OF THE SPECIFIC SERVICES, THAT ARE THE SUBJECT OF THE CLAIM.
- (c) THE LIMITATIONS SET FORTH IN SECTION 9(a) AND 9(b) SHALL APPLY EVEN IF THE USER’S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
- If you have downloaded any Software from the Apple Application Store, Google Play, Amazon, Roku or another Software provider (collectively “Providers”), the following additional terms apply to such Software: You agree and acknowledge that the Providers of such Software are not responsible for the Software and its content. In addition, your use of such Software downloaded from such location is limited to a non-transferable license to use the Software and as permitted by the Usage Rules set forth in the respective Providers’ Terms of Service. Moreover, we hereby inform you and you acknowledge and agree that the various Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
- The Providers have no warranty obligation with respect to the Software and any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty set forth in this License Agreement is the responsibility of MAVTV. Please note that MAVTV has disclaimed all warranties (see section above).
- The Providers are not responsible for addressing any claims relating to the Software or your possession or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- The Providers are not responsible for any third-party infringement claims that the Software or your possession and use of the Software infringe a third party’s intellectual property rights.
- Third-Party Beneficiary: MAVTV and you acknowledge and agree that the Providers, are third-party beneficiaries of this License Agreement with respect to any such Software, and that the Providers will have the right (and will be deemed to have accepted the right) to enforce the License Agreement against you as a third-party beneficiary thereof as set forth herein.
- Digital Rights Management. Content owners may use Microsoft PlayReady™ content access technology to protect their intellectual property, including copyrighted content. Certain MAVTV ready devices and personal computers use PlayReady technology to access PlayReady-protected content or WMDRM-protected content. If the device fails to properly enforce restrictions on content usage, content owners may require Microsoft to revoke the device’s ability to consume PlayReady-protected content. Revocation should not affect unprotected content or content protected by other content access technologies. Content owners may require you to upgrade PlayReady to access their content. If you decline a PlayReady upgrade, you will not be able to access content that requires the upgrade.
Action taken in connection with the above may affect your ability to use the MAVTV service or view and access movies and TV shows.
- Dolby Laboratories. This product contains technology manufactured under license from Dolby. “Dolby” is a trademark of Dolby Laboratories.
- Microsoft – General. This product contains technology subject to certain intellectual property rights of Microsoft. Use or distribution of this technology outside of this product is prohibited without the appropriate license(s) from Microsoft.
- Cleeng B.V. MAVTV’s monetization partner, Cleeng, handles the management of access to content, subscriptions, payment and/or billing on our behalf. For this purpose, Cleeng will act as the merchant of record on our request. The services provided by Cleeng are subject to the terms and conditions of Cleeng, which are hereby incorporated by reference. Please refer to https://cleeng.com/cleeng-user-agreement for additional details.
- MAVTV Copyright Notice. © 2021 Mav’rick Entertainment Network, 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 MAVTV, which reserves all rights. Reuse of any of this content for any purpose without the permission of MAVTV is strictly prohibited.
- Any questions, complaints, or claims regarding the Software should be directed to customer service through email via [email protected]