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Adding new 'Plex' license

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2016-11-11 20:13:33 -05:00
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Plex Terms of Service
Revised July 10, 2015
Thank you for using Plex! By accessing, using, downloading, or visiting
any Plex “Service(s)”, which includes the Plex website, Plex software
and products described here, and any other products or materials
provided by Plex GmbH, a Swiss company, and its affiliates (together,
“Plex”), you agree to the terms (“Terms”) listed in this agreement
(“Agreement”). Plex reserves the right to amend these Terms at any time
and without notice. Any revisions to the Terms will be posted on the
Plex website. By continuing to access or use the Services, you accept
any changes or revisions to the Terms.
Plex Software
A. Plex grants you a personal, non-commercial, worldwide, royalty-free,
revocable, non-transferable, non-sublicensable, and non-exclusive
license to use the software provided to you by Plex as part of the
Services (“Software”). This license is for the sole purpose of
enabling you to use and enjoy the benefit of the Services in the
manner permitted by these Terms.
B. The Software includes certain executable modules that Plex has
licensed from third party providers (“Third Party Components”) that
may be subject to different end user license terms as specified in
the license agreement(s) provided with such Third Party Components.
C. Except as provided in the next section, you may not, or allow anyone
else to, directly or indirectly to: (1) copy, modify, distribute,
sell, or lease any part of the Software; (2) reverse engineer,
disassemble, decompile, or otherwise attempt to discover the source
code or structure, sequence, and/or organization of all or any part
of the Software, unless laws prohibit those restrictions or you have
our written permission; (3) rent, lease, or use the Software for
timesharing or service bureau purposes; (4) develop any improvement,
modification, or derivative works of the Software, or include any
portion thereof in any other product, software, work, equipment, or
item (except that you may customize and/or modify the Software only
as set forth in the documentation or as authorized in any license
agreement of Plex’s third party licensors and applicable to Third
Party Components); or (5) allow the transfer, transmission, export,
or re-export of the Software or any portion thereof or any technical
data associated with any Software.
D. Plex grants you a personal, non-commercial, worldwide, royalty-free,
revocable, non-transferable, non-sublicensable, and non-exclusive
license to reproduce the Plex Media Server Software (PMS Software) in
copies and distribute the copies to others, provided that: you may
not charge a fee for the PMS Software, and you may not individually
charge for installing it; you may copy, distribute and install the
PMS Software only as others actually need the PMS Software, and not
more than five (5) times per calendar day or more than twenty-five
(25) times per calendar month; you may not offer the PMS Software to
the public for downloading on or in connection with any commercial
online site, whether or not a fee is charged for the PMS Software;
you shall comply with all other terms and conditions set forth in
this document; you agree that Plex may revoke or terminate the
license granted to you under this paragraph at any time for any
reason in its sole discretion. As an example, this section is
intended to permit reasonable copying and distribution of the PMS
Software in connection with services such as home theater or home
media center installation in which you install the PMS Software on
the computers of your customers as a convenience in connection with
other services or products that you are providing to them, and/or in
Arch Linux repositories and similar distributions.
E. You shall maintain and shall not remove nor obscure any
proprietary notices on the Software, and shall reproduce such
notices exactly on all permitted copies of the Software.
F. You may reverse engineer the Software solely (1) as permitted by
applicable law, or (2) for the purpose of debugging modifications
made by you to certain third party files in source code format that
are licensed under the GNU Lesser General Public License (LGPL) or
under the GNU General Public License version 2 (GPL2) and only
provided that you have made, prior to any such reverse engineering
permitted under this sentence, unsuccessful prior reasonable good
faith efforts to debug such modifications using techniques other than
the reverse engineering of the Software.
G. As between the parties and except as otherwise provided in any
license agreement for Third Party Components, Plex shall own all
title, ownership rights, and intellectual property rights in and to
the Software, and any copies or derivative works thereof, except that
by downloading the Software, you retain any title that you may own in
and to the recording media on which the Software is recorded.
H. You understand that Plex or its licensors may modify or discontinue
offering the Services at any time.
I. You shall not make, or assist others in making, any use of data
adapters or similar technologies used by or with the Services that
are designed to receive and use data from Plex, its third party data
providers, and their affiliates and third parties, other than to
receive and use such data in accordance with these Terms and your
agreement with the third party data providers, and their affiliates
and third parties, including without limitation any data passing
through the Services or otherwise effectively made available by any
Service through an API, a download, a database, or the like.
J. This Agreement does not entitle you to any support, upgrades,
patches, enhancements, or fixes (collectively, “Support”) for the
Services. Any such Support for the Services that may be made
available by Plex, in its sole discretion, shall become part of the
Services and will be subject to these Terms.
Data
Data provided by Plex or other third party data providers may be
delayed or unavailable as specified by Plex or such third party data
providers. Plex does not verify any data provided by Plex or other
third party data providers and disclaims any obligation to do so. Plex,
its third party data providers, and each of their affiliates and
business partners: (1) expressly disclaim the availability, accuracy,
adequacy, or completeness of any data or third party data provider, and
(2) shall not be liable for any errors, omissions, or other defects in,
unavailability of, delays or interruptions in such data or third party
data provider.
Acceptable Use
A. You may not, or allow anyone else to, use any of the Services to do
the following:
i. Infringe the intellectual property rights, proprietary rights,
or rights of publicity or privacy of any third party;
ii. Violate any law, statute, ordinance, or regulation, or perform
any other action that would incur civil liability or constitute
a crime;
iii. Disseminate, transfer or store information or materials in any
form or format that is harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libelous, or
otherwise objectionable, or that otherwise violate any law or
right of any third party; or
iv. Disseminate any software viruses or any other computer code,
files, programs, or the like that may without limitation
interrupt, destroy, or limit the functionality of any computer
software or hardware or telecommunications equipment, violate
the security of any computer network, or the like.
B. If the occurrence of any prohibited use comes to our attention, we
reserve the right to disable any accounts associated with prohibited
use or otherwise terminate your access to the Services.
Your Content
A. You continue to retain any ownership rights you have in content you
make available via the Services, or otherwise use in conjunction with
the Services. However, by using the Services with particular content,
for example by using the Services to share particular content or
access particular content, you grant to Plex (and to each of the
third parties with whom we work to provide you with the Services) a
worldwide license to reproduce, modify, create derivative works,
transmit, publish, publicly perform, publicly display, distribute,
and otherwise use the particular content and metadata associated with
the content, such as images of you or images otherwise associated
with your account. The rights you grant us in this license are only
for the limited purpose of providing you with our Services. You may
not use the Services in connection with any content for which you do
not have the right to grant us this license.
B. The Services may include features that allow you to share your
content with others. Please be careful when choosing to share content
with other users; Plex is not responsible for how others use your
content. Additionally, you hereby grant to any user with whom you
share content a non-exclusive license to access the content through
the Service, and to use, reproduce in copies, distribute, display and
perform the shared content as permitted through the functionality of
the Service and under this Agreement. You may not share any content
with others via the Services if you do not have the right to grant
this license to any user with whom you share the content.
C. You understand that Plex may delete any content that you post in or
contribute to a message forum or similar service that Plex hosts, in
its sole discretion, for any reason.
Content of Others
A. You acknowledge that all content that you access through use of the
Software or other Services is accessed at your own risk, and you will
be solely responsible for any damage or liability to any party
resulting from such access.
B. You understand that by using the Services you may encounter content
that you may find offensive, indecent, or objectionable. Plex does
not inspect, screen, or otherwise control the content that is posted,
shared or made available via the Services, and Plex does not
guarantee the accuracy, integrity or quality of such content.
C. You acknowledge that unauthorized use of copyrighted content of
others may subject you to civil and criminal penalties, including
possible monetary damages, for copyright infringement.
Developers and Interfacing Software
A. “Interfacing Software” means any software that you obtain or provide
and that accesses or calls any Software provided by Plex as part of
the Services including, but not limited to, plug-ins for the
Services, channel plug-ins, metadata agents, and client applications
that communicate directly or indirectly with the Services.
B. By making, or assisting others in making, Interfacing Software, you
agree to the following terms:
i. You grant Plex and its affiliates worldwide a worldwide,
non-exclusive, and royalty-free right and license to use
(including testing, hosting and linking to), copy, publicly
perform, publicly display, reproduce in copies for
distribution, and distribute the copies of any Interfacing
Software made by you or with your assistance.
ii. You will include in the source code of the Interfacing
Software a copyright notice of the form: Copyright © <year>
<copyright holders>. You grant, and authorize Plex to grant on
your behalf if necessary, a license, free of charge, to any
person obtaining a copy of the Interfacing Software and
associated documentation files from Plex, to deal in the
Interfacing Software without restriction, including without
limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Interfacing
Software, and to permit persons to whom the Interfacing
Software is furnished to do so, subject to the following
conditions: The above copyright notice and this permission
notice shall be included in all copies or substantial portions
of the Interfacing Software. THE INTERFACING SOFTWARE IS
PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
OTHER DEALINGS IN THE INTERFACING SOFTWARE.
iii. You may notify us if you do not wish for Plex to use,
distribute, copy, publicly perform, publicly display, reproduce
in copies for distribution, or distribute copies of any
Interfacing Software that was created by you. Plex will comply
with such a request but Plex must be granted a transition
period of thirty (30) days after receipt of the request to
comply.
A request to take down Interfacing Software must include (1) an
identification of the Interfacing Software you wish to be
removed; (2) your signature in either electronic or physical
form; and (3) the following statements:
i. “I swear under penalty of perjury that I am the owner of
the Interfacing Software or I am authorized to act on
behalf of the owner of the Interfacing Software.”
ii. “I swear under penalty of perjury that the information
in this notification is accurate.”
iv. You shall protect the privacy and legal rights of Plex users.
If the users provide, or the Interfacing Software accesses or
uses, user names, passwords, or other login information or
personal information, you must make the users aware that such
information will be available to the Interfacing Software, and
you must provide privacy notices and protection for those users
in compliance with applicable law. Further, the Interfacing
Software may use that information only for the limited purposes
for which the user has given you permission to do so. If the
Interfacing Software stores personally identifying information
of users or information that a reasonable user would consider
to be sensitive, then the Interfacing Software must do so
securely and only for as long as it is needed. However, if the
user has opted or entered into a separate agreement with you
that allows you or the Interfacing Software to store or use
personally identifying information of users or information that
a reasonable user would consider to be sensitive, then the
terms of that separate agreement will govern your use of such
information. If the user provides the Interfacing Software with
Plex account information, the Interfacing Software may only use
that information to access the user’s Plex account when, and
for the limited purposes for which, the user has given you
permission to do so.
v. Prohibited Uses. Plex prohibits performing certain actions
using the Interfacing Software. You shall not make, or assist
others in making, any Interfacing Software that:
i. Knowingly violates a third party’s terms of service;
ii. Violates any applicable laws or regulations;
iii. Interferes with, disrupts, damages, harms, or accesses
in an unauthorized manner the machines, hardware.
devices, servers, networks, data, or other properties or
services of any other party including, but not limited
to, Plex users, Plex or any network operator;
iv. Posts misleading information about an application’s purpose;
v. Infringes on the intellectual property rights of others; or
vi. Performs any other prohibited action listed under
“Acceptable Use” above.
vi. You will require your end users to comply with any applicable
law and these Terms. You will not knowingly enable your end
users to violate applicable law or these Terms.
vii. You shall indemnify and hold harmless Plex and its officers,
directors, employees, contractors, licensors, suppliers,
distributors, contractors, agents, and third party
contributors from any claims, damages, liabilities, costs and
fees (including reasonable attorney fees) arising from any use
of the Interfacing Software or from Plex’s distribution of the
Interfacing Software.
viii. Brand Features and Attribution
i. “Brand Features” is defined as the trade names,
trademarks, service marks, logos, domain names, and other
distinctive brand features of a party. Except where
expressly stated, these terms do not grant either party
any right, title, or interest in or to the other party’s
Brand Features. Any use by you of Plex’s Brand Features
(including any goodwill associated therewith) will inure
to the benefit of Plex. Plex Brand Features include the
Plex Play Logo (“>” in stylized format) and the
trademarks, trade names and designs as may be identified
from time to time in the Plex Trademark Notice that is
posted at https://www.plex.tv/about/privacy-legal/.
ii. You must seek prior written approval from Plex to
display Plex’s Brand Features, including for the purpose
of promoting or advertising that your Interfacing
Software is for use in conjunction with Plex Services.
Plex, in its sole discretion and in a separate writing
such as an e-mail from an authorized representative of
Plex, may grant you a revocable, non-transferable,
nonexclusive license, without right of sub-license, to
display Plex’s Brand Features for the purpose of
promoting or advertising that your Interfacing Software
is for use in conjunction with Plex Services. You
understand and agree that Plex has the sole discretion to
determine whether your attribution(s) and use of Plex’s
Brand Features are in accordance with the above
requirements and guidelines and that Plex may revoke the
license granted herein at any time, or may require you to
modify your use of Plex’s Brand Features, for any reason
in its sole discretion.
iii. You will not make any statement that suggests a
partnership with, sponsorship by, or endorsement by Plex,
without Plex’s express prior written approval.
iv. In the course of promoting, marketing, or demonstrating
the Services, Plex may produce and distribute incidental
depictions, including screenshots, video, or other
content from your Interfacing Software, and may use your
company or product name. You grant us all necessary
rights for the above purposes.
Children
While Plex does distribute products that may be used by children, the
Services are not intended to be used by children, without involvement,
supervision, and approval of a parent or legal guardian. Therefore, if
an account owner sets parental controls or establishes sub-accounts
that the account owner intends to permit a child to use, the account
owner should not reveal the account password to the child. Plex and its
contributors may not provide controls that restrict the maturity level
of content available via Plex and an adult account owner has sole
responsibility for determining what maturity level is appropriate for
or accessible to any children whom the account owner permits to use the
Plex service or a sub-account.
NO WARRANTY
A. PLEX SERVICES ARE PROVIDED “AS IS”. PLEX MAKES NO WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, AND PLEX EXPRESSLY DISCLAIMS ALL WARRANTIES
WITH RESPECT TO THE PLEX SERVICES, INCLUDING WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT. FURTHER, PLEX DOES NOT WARRANT AGAINST
ERRORS, OMISSIONS, RESULTS OF USE, OR THAT PLEX SERVICES ARE BUG FREE
OR ERROR FREE OR THAT USE WILL BE UNINTERRUPTED. THIS DISCLAIMER OF
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. ALL THE
FOREGOING DISCLAIMERS ALSO APPLY IN FULL WITH RESPECT TO PLEX’S
LICENSORS, SUPPLIERS, DISTRIBUTORS, CONTRACTORS, AGENTS, AND THIRD
PARTY CONTRIBUTORS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
B. You agree that Plex and its officers, directors, employees, and
contractors are not responsible for any fault, inaccuracy, error,
omission, delay or any other failure of your equipment and/or
services caused by Plex’s hardware, software, cabling, network
services, or the like, or arising from Plex’s use of such equipment
and/or services.
C. The above disclaimer of warranty applies to software developed by
Plex and any software developed by a third party and provided by Plex
including, but not limited to, Interfacing Software developed by any
Plex user.
Limitation of Liability and Damages
A. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT
LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR
OTHERWISE, SHALL PLEX BE LIABLE TO YOU OR ANY OTHER PERSON OR
ENTITY: (I) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS,
COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR OTHER DAMAGES
RESULTING FROM YOUR USE OF THE SOFTWARE; OR (II) FOR ANY MATTER
BEYOND ITS REASONABLE CONTROL. PLEX’S AGGREGATE LIABILITY FOR DAMAGES
OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED
TO THE LESSER OF THE TOTAL FEES PAID BY YOU TO PLEX (IF ANY) FOR THE
PORTION OF THE SOFTWARE THAT GAVE RISE TO SUCH DAMAGES OR $100
(U.S.), EXCEPT WHERE NOT PERMITTED BY APPLICABLE LAW, IN WHICH CASE
PLEX’S LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY
SUCH APPLICABLE LAW. ALL THE FOREGOING LIMITATIONS SHALL APPLY EVEN
IF EITHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
ALL THE FOREGOING LIMITATIONS ALSO APPLY WITH RESPECT TO PLEX’S
SUPPLIERS, LICENSORS, DISTRIBUTORS, CONTRACTORS, AGENTS, AND THIRD
PARTY CONTRIBUTORS. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
B. The above limitations and exclusions apply to software developed by
Plex and any software developed by a third party and provided by Plex
including, but not limited to, Interfacing Software developed by Plex
user.
Third-Party Materials
This website and other Services may provide links to websites,
software, or other materials provided by third parties. Plex does not
endorse and is not responsible or liable for the availability,
accuracy, safety, or intellectual property rights of or relating to
such content. Plex is not liable for any harm caused by any such
materials.
Malware
“Malware” means any known, discovered, envisioned, or invented, or any
yet to be known, discovered, envisioned, or invented: (i) virus, Trojan
horse, or any other harmful, harassing, or malicious software; or (ii)
method, use, or means by which any software, firmware, equipment,
device, communications medium, person, entity, or the like directly or
indirectly engages in or is used for: (a) any unauthorized access; (b)
any unauthorized communication; or (c) any cracks, hacks, exploits, or
other activity, method, use, or means, that may cause harassment, harm,
data loss, data theft, loss of communication, loss of privacy, or the
like. You acknowledge that the Internet, Internet service providers,
shared or dedicated telecommunication lines, wireless access points and
wireless networks, other forms of communication, online resources
including websites and cloud computing environments, or other means
that you use to connect to the Software may not be secure and may be
vulnerable to attack by third parties, and that it is possible to
receive Malware by using the Internet, dedicated lines, other forms of
communication, or other means. In order to protect the Software, you
shall regularly obtain, use, and update appropriate third party
software or other means to protect yourself from Malware and to detect
and remove Malware that may be downloaded using the Internet, dedicated
lines, other forms of communication, or other means. Plex does not
warrant that the Software will be free of Malware including, but not
limited to, Malware that is introduced by third parties, the Internet,
dedicated lines, other forms of communication, or other means.
Waiver and Indemnity
You agree that Plex and its licensors, distributors, contractors,
agents, and third party contributors shall have no liability whatsoever
for any use you make of the Services. You shall indemnify and hold
harmless Plex and its licensors, suppliers, distributors, contractors,
agents, and third party contributors from any claims, damages,
liabilities, costs and fees (including reasonable attorney fees)
arising from your use of the Plex Services as well as from your failure
to comply with any of the Terms, or any losses, damages, claims, costs,
and/or attorneys’ fees arising from any use of or reliance upon any
information received in connection with the Services that comprises or
is based upon data provided by Plex or any third party.
Termination of Services
Plex may at any time, with or without cause and with or without prior
notice, immediately terminate or suspend your Plex account or otherwise
terminate or suspend your access to all or a portion of the Services.
Cause for such termination may include: (a) violations of the Terms or
any other policies or guidelines that are referenced herein; (b) a
request by you to cancel or terminate your account; (c) a request
and/or order from law enforcement, a judicial body, or other government
agency; (d) where providing the Services to you is or may become
unlawful; (e) unexpected technical or security issues or problems; or
(f) your participation in fraudulent or illegal activities. Any such
termination or suspension shall be made by Plex in its sole discretion
and Plex will not be responsible to you or any third party for any
damages that may result or arise out of such termination or suspension
of your access to the Services.
Miscellaneous
A. This Agreement does not give you any rights not expressly and
unambiguously granted herein.
B. No agency, partnership, joint venture, or employment is created as a
result of this Agreement and you do not have any authority of any
kind to bind Plex in any respect whatsoever.
C. If any provision of this Agreement is found to be unenforceable or
invalid, that provision shall be limited or eliminated to the minimum
extent necessary so that this Agreement shall otherwise remain in
full force and effect and enforceable.
D. This Agreement is not assignable, transferable, or sublicensable by
you except with Plex’s prior written consent. Plex may transfer,
assign, or delegate this Agreement and its rights and obligations
without consent.
E. Plex’s failure to enforce any right or provisions in this Agreement
will not constitute a waiver of such or any other provision.
F. This Agreement shall be governed by and construed in accordance
with the laws of the state of California, as if made within
California between two residents thereof, and the parties submit to
the exclusive jurisdiction of the Superior Court of Santa Clara
County and the United States District Court for the Northern District
of California. Notwithstanding the foregoing sentence, but without
limiting Plex’s right to seek injunctive or other equitable relief in
any court of competent jurisdiction, any disputes arising with
respect to this Agreement shall be referred to an arbitrator
affiliated with the Judicial Arbitration and Mediation Services, Inc.
(“JAMS”). The arbitrator shall be selected by joint agreement of the
parties. In the event the parties cannot agree on an arbitrator
within thirty (30) days of the initiating party providing the other
party with written notice that it plans to seek arbitration, the
parties shall each select an arbitrator affiliated with JAMS, which
arbitrators shall jointly select a third such arbitrator to resolve
the dispute. The written decision of the arbitrator shall be final
and binding on the parties. The arbitration proceeding shall be
carried on and heard in Santa Clara County, California using the
English language and pursuant to the rules of (and administered by)
JAMS. In any action or proceeding to enforce rights under this
Agreement, the prevailing party will be entitled to recover costs and
reasonable attorneys’ fees from the other party. A separate written
license agreement or order and signed by Plex and you or your
company, employer, or principal may state other terms and conditions
that apply to you, including terms relating to price, payment,
delivery, confidential information, support services, and the like.
You are solely responsible to review such terms or conditions with
your company, employer or principal. In the event of any conflict in
terms, the terms of the separate license agreement shall supersede
the terms of this Agreement.
G. Both parties agree that this Agreement is the complete and exclusive
statement of the mutual understanding of the parties and supersedes
and cancels all previous written and oral agreements, communications,
and other understandings relating to the subject matter of this
Agreement.
Source: https://www.plex.tv/about/privacy-legal/plex-terms-of-service/