ClearPlay End User License Agreement
YOUR RIGHT TO USE THE CLEARPLAY FILTERS STORED ON THIS FILE (“FILTERS”) IS GRANTED SOLELY PURSUANT TO THE TERMS OF THIS END USER LICENSE AGREEMENT (“AGREEMENT”) AND THESE RIGHTS ARE ONLY GRANTED WHILE YOUR CLEARPLAY MEMBERSHIP IS ACTIVE. BY CONDUCTION COMMERCE TRANSACTIONS WITH CLEARPLAY OR BY DOWNLOADING THESE FILTERS ONTO YOUR COMPUTER YOU (“LICENSEE”) ARE AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
YOU HAVE A RIGHT TO USE THE CLEARPLAY SOFTWARE ON THE DVD PLAYER WITH THESE FILTERS ONLY. YOUR RIGHT TO USE THE SOFTWARE AND ADDITIONAL CLEARPLAY FILTERS SHALL BE GOVERNED BY THE END USER LICENSE AGREEMENT ACCOMPANYING SUCH CLEARPLAY FILTERS.
1. Internal Use Rights. Licensee is hereby granted a limited, non-exclusive, non-transferable, non-sublicensable right and license to install and use the Filters on a single DVD player containing ClearPlay functionality for personal use only. This is a license not a sale and you understand that except for the foregoing limited license grant, you obtain no other rights in the Filters or the software installed on your DVD Player.
2. Restrictions. Licensee shall not, and shall not attempt to or permit any third party to (i) copy the Filters; (ii) reverse engineer, reverse assemble, decompile, or attempt to derive source code from the Filters (except to the extent any of the foregoing restrictions are prohibited by applicable law) or (iii) attempt to circumvent any software protection mechanisms in the Filters.
3. Limitations: Content Filters delivered on files ending in “.cpf” are only licensed for use on RCA DVD players with model numbers DRC232N and DRC232NS and/or MaxPlay DVD Modem players. Files ending with “.cpf” are not licensed for use with any other DVD player.
4. Termination: Licensee’s license may be immediately terminated upon any attempted violation of the terms of this Agreement. Upon termination of the ClearPlay Membership, all Filters, .CPF and .CP2 files must be removed/deleted from the player and all other locations used for storage of Filter information.
5. No Warranties: NONE OF THE SUPPLIERS OF THE FILTERS MAKES ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, REGARDING SUCH FILTERS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR ACCURACY. YOU ACCEPT THE FILTERS “AS IS” AT YOUR OWN RISK.
6. No Indirect Damages: NONE OF THE SUPPLIERS OF THE FILTERS SHALL BE LIABLE TO ANY PARTY (INCLUDING LICENSEE) FOR ANY LOSS OF DATA, LOSS OF PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OF THE FILTERS.
7. Third Party Beneficiary: ClearPlay, Inc. shall be a direct and intended third party beneficiary of this Agreement and may enforce it directly against any Licensee.
8. Government Restricted Rights: Programs delivered to the U.S. Defense Dept. are delivered with Restricted Rights and the following applies: Restricted Rights Legend: Use, duplication or disclosure by Government is subject to restrictions as currently set forth in subparagraph (c)(1)(ii) of DFARS 252-227-7013, Rights in Technical Data and Computer Software (October1988). ClearPlay Inc., 5284 South 320 West, Suite C264, Salt Lake City, UT84107 Programs delivered to a US Government Agency not within the Defense Dept. are delivered with “Restricted Rights” as defined in FAR 52.227-14, Rights in Data-General, including Alternate III (June 1987).”
9. Export Control: Customer shall comply fully with all laws and regulations of the United States and other countries (“Export Laws”) to assure that none of the Filters are (1) exported, directly or indirectly, in violation of Export Laws, or (2) are used for any purpose prohibited by Export Laws including, without limitation, nuclear, chemical, or biological weapons proliferation.
10. General: This license is governed by the laws of the State of Utah without regard to its conflict of law rules. This license is the entire agreement between the Suppliers and Licensee. Licensee may not assign this license except in connection with the sale of the product accompanying this license. If any provision of this License Agreement is held to be invalid or unenforceable, the remaining provisions of this License Agreement will remain in full force.
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