» version 1.4 - posted on 2010-08-26
EULA - End User License Agreement
EarthMediaCenter - Software License Agreement
NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING SOFTWARE LICENSE AGREEMENT ("AGREEMENT"), FOR THE LICENSE OF EarthMediaCenter, EarthMediaCenterMini, EarthMediaCenterRadio, EarthMediaCenterTV ("THE SOFTWARE") CREATED BY GLOBAL INFORMATION TECHNOLOGY (UK) LIMITED ("LICENSOR").
BY ACCEPTING THIS AGREEMENT (EITHER BY DOWNLOADING, USING, TRANSMITTING, DISTRIBUTING, COPYING THE SOFTWARE, OR BY CLICKING THE BUTTON INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT), YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES.
IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT (THEN DO NOT DOWNLOAD, USE, TRANSMIT, DISTRIBUTE OR COPY THE SOFTWARE AND REMOVE ALL THE SOFTWARE FILES FROM YOUR STORAGE DEVICES AND MUST CEASE TO USE THE SOFTWARE).
If You are Our direct competitor, You may not access THE SOFTWARE without Our prior written consent.
All rights of any kind in THE SOFTWARE which are not expressly granted in this AGREEMENT are entirely and exclusively reserved to and by LICENSOR. This AGREEMENT contains the entire AGREEMENT between the parties hereto with respect to the subject matter hereof, and supersedes all prior agreements and/or understandings (oral or written). Failure or delay by LICENSOR in enforcing any right or provision hereof shall not be deemed a waiver of such provision or right with respect to the instant or any subsequent breach. If any provision of this AGREEMENT shall be held by a court of competent jurisdiction to be contrary to law, this provision will be enforced to the maximum extent permissible and the remaining provisions of this AGREEMENT will remain in force and effect.
THIS AGREEMENT CONSTITUES A LICENSE TO USE THE SOFTWARE ON THE TERMS AND CONDITIONS APPEARING BELOW.
You are granted a non-exclusive license to use THE SOFTWARE.
THE SOFTWARE may be freely distributed, provided the distribution package is not modified and only upon the terms of this license. No person or entity may charge a fee for distribution of THE SOFTWARE without written permission from the LICENSOR. You may distribute exact copies of THE SOFTWARE to anyone.
LICENSOR reserves the right to revoke the above distribution right at any time, for any or no reason.
YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, SELL, REQUEST DONATIONS OR CREATE DERIVATE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
THE SOFTWARE contains trade secrets and to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce THE SOFTWARE to a humanly perceivable form. You agree not to divulge, directly or indirectly, until such trade secrets cease to be confidential, for any reason not your own fault.
This license is effective until terminated. The License will terminate automatically without notice from LICENSOR if you fail to comply with any provision of this License. Upon termination you must destroy THE SOFTWARE and all copies thereof. You may terminate this License at any time by destroying THE SOFTWARE and all copies thereof. Upon termination of this license for any reason you shall continue to be bound by the provisions of Section 2 above. Termination will be without prejudice to any rights LICENSOR may have as a result of this AGREEMENT.
4. DISCLAIMER OF WARRANTY, LIMITATION OF REMEDIES
TO THE FULL EXTENT PERMITTED BY LAW, LICENSOR HEREBY EXCLUDES ALL CONDITIONS AND WARRANTIES, WHETHER IMPOSED BY STATUTE OR BY OPERATION OF LAW OR OTHERWISE, NOT EXPRESSLY SET OUT HEREIN.
THE SOFTWARE, AND ALL ACCOMPANYING FILES, DATA AND MATERIALS ARE DISTRIBUTED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. LICENSOR DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE WITH RESPECT TO ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK OF USING THE SOFTWARE IS ASSUMED BY YOU. LICENSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR, ITS DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
IMPORTANT NOTE: Nothing in this Agreement is intended or shall be construed as excluding or modifying any statutory rights, warranties or conditions which by virtue of any national or state Fair Trading, Trade Practices or other such consumer legislation may not be modified or excluded. If permitted by such legislation, however, LICENSOR` liability for any breach of any such warranty or condition shall be and is hereby limited to the supply of THE SOFTWARE licensed hereunder again as LICENSOR at its sole discretion may determine to be necessary to correct the said breach.
IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, AND THE LOSS OF BUSINESS INFORMATION OR COMPUTER PROGRAMS), EVEN IF LICENSOR OR ANY LICENSOR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IN NO EVENT DOES LICENSOR AUTHORISE YOU TO USE THE SOFTWARE IN SITUATIONS WHERE FAILURE OF THE SOFTWARE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A PHYSICAL INJURY, OR IN LOSS OF LIFE. ANY SUCH USE BY YOU IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD LICENSOR HARMLESS FROM ANY CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORISED USE.
5. LEGAL DISCLAMER
THE SOFTWARE functioning as a web page of the *.earthmediacenter.com website ("THE SOFTWARE SITE").
THE SOFTWARE SITE is functioning as an index and a database of links (URL links) found publicly on the Internet, in principle conducting in the same way as websites including but not limited to Google, Yandex, and others. The multimedia content is streamed directly from the third-party sharing services, such as, but not limited to YouTube, RuTube and others. Therefore URL links availability may change from time to time.
THE SOFTWARE SITE contains links (URL links) ONLY to other web sites operated by Third Parties ("LINKED SITES"). You acknowledge that, when you click on a link to visit a LINKED SITES, you will be taken out of THE SOFTWARE and THE SOFTWARE SITE or a frame may appear that will show a third party page or website. You acknowledge that THE SOFTWARE SITE and its sponsors neither endorse nor are affiliated with the LINKED SITES and are not responsible for any content of any LINKED SITES or any link contained in a LINK SITE, or any changes or updates to such sites. You acknowledge that THE SOFTWARE SITE is providing these links to you only as a convenience.
As a matter of fact we do not have direct control over content hosted on third party websites and in case of any infringement of any rights / copyright issues you as the owner of any copyrighted material will have to directly contact the owner of the hosted site for the removal of such content and not THE SOFTWARE SITE.
The trademarks, logos, and service marks displayed on THE SOFTWARE SITE are the registered and unregistered marks of their respective owners.
If you would like to remove your URL link from THE SOFTWARE SITE index and database, please send us a DMCA notice according to the rules and law outlined in this DMCA policy and the URL links will be removed after checking authenticity of the DMCA notice.
6. ADVERTISING POLICY
By selecting "I Accept" or using THE SOFTWARE you acknowledge that you have read and understand this Agreement and agree to abide by its terms and conditions. You also agree that this is the complete and exclusive agreement between you and us concerning THE SOFTWARE and this AGREEMENT supersedes all prior agreements, proposals or communications, verbal or written, between us relating to the subject matter in this AGREEMENT.