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ValuFlik EULA THIS IS AN AGREEMENT BETWEEN YOU (THE END USER) AND WWEBNET, INC. and its wholly owned subsidiary, DIRECT CHOICE TV COMMUNICATIONS, LTD., ITS LICENSORS, AFFILIATES AND SUCCESSORS (HEREINAFTER, "WE," "US," OUR”, or “WWEBNET” ). PLEASE READ THESE CONDITIONS AND THE TERMS OF THIS END USER LICENSING AGREEMENT CAREFULLY, (hereinafter, "EULA") BEFORE INSTALLING OR DOWNLOADING WWEBNET’s Broadcast Software (HEREINAFTER, “DC TV”). This software will not install on your computer unless or until you accept the terms of this EULA. To use DC TV and to install the software click the "I Agree" and "OK" buttons. By doing so, you signify your agreement to these terms of use, which constitute a BINDING LEGAL AGREEMENT. If you do not agree to these terms of use, click "CANCEL" and DO NOT download or install DC TV. THESE TERMS AND CONDITIONS ALSO APPLY TO THE USE OF DC TV ON ANY COMPUTER TO WHICH DC TV HAS ALREADY BEEN DOWNLOADED OR INSTALLED. By using DC TV on such a computer, you signify your agreement to these terms and conditions of use, which constitute a BINDING LEGAL AGREEMENT. If you do not agree to these terms and/or conditions of use DO NOT install DC TV. If you do not agree to these terms, you must erase DC TV from the disk drives, storage devices and computer memories and destroy all materials, software, related documents and all copies and installations related to DC TV. If you wish to have a copy of these terms, you may copy them and paste them onto a word processing document, or you may access www.wwebnet.com for a copy of them and print them out. WWEBNET and its successors, if any, reserve the right, in its sole discretion, to change, modify, add, or remove portions of these terms and conditions at any time and also reserves the right, in its sole discretion to change, modify, add, or remove portions of DC TV and/or related content at any time. Your continued use of DC TV following the posting of changes to these terms will mean you accept those changes. 1. General. All software, documentation and any content accessed through the DC TV software you are about to download or install are protected by United Kingdom, United States and international laws, including patent, copyright laws and treaties. WWEBNET and its successors own all right, title and interest to DC TV. All content and information broadcast over the DC TV channel is the property of WWEBNET, its successors, its licensors and/or its affiliates. Except for the specific rights licensed to you hereunder, WWEBNET and its licensors, affiliates and successors reserves all of their rights, individually and collectively, to DC TV, AS WELL AS INFORMATION AND CONTENT BROADCAST OVER it. 2. Title Not Transferred. The terms conditions of this EULA do not transfer title DC TV to you. The rights granted herein are limited to certain of WWEBNET, its affiliates, its successors and its licensors' rights and do not include any other patents, trademark or other intellectual property rights. WWEBNET and/or its successors retain full and complete title to DC TV, and all intellectual property rights related thereto. 3. License and Restrictions. WWEBNET hereby grants you a non-exclusive license to install and use a single copy of DC TV on a computer, or one copy on each computer you use, for personal, non-commercial use only. You may not make DC TV available over a network where it could be used on multiple computers simultaneously. WWEBNET shall have the right to access your computer, at any time, for the purpose of installing updated versions of DC TV, installing new information related to WWEBNET's licensors, or to uninstall versions of DC TV and/or content, or information previously delivered to you automatically. You may not reverse engineer, decompile, create derivative works or disassemble DC TV software except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation. You may not sell, redistribute or otherwise copy DC TV; attempt to decompile, reverse engineer, disassemble or otherwise reduce DC TV. You may not remove any identification, trademark, copyright or other proprietary notices or create software that incorporates DC TV. NOTWITHSTANDING THE FOREGOING, YOU MAY NOT COPY, REPRODUCE, OR REBROADCAST ANY OF THE CONTENT OR SOFTWARE TO ANY OTHER COMPUTER, SERVER OR LOCATION UNDER ANY CIRCUMSTANCES OTHER THAN THE COMPUTER LICENSED UNDER THIS EULA. You acknowledge that WWEBNET makes no warranty, EITHER EXPRESS OR IMPLIED IN ITS SOFTWARE, CONTENT OR SYSTEM and shall have no liability in connection with the use of DC TV ON ANY COMPUTER OR DIGITAL PLATFORM OR OTHER DEVICE. 4. DISCLAIMER OF WARRANTIES. WWEBNET, ITS SUCCESSORS AND LICENSORS PROVIDE THE SOFTWARE AND CONTENT "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF DC TV IS WITH YOU. WWEBNET DOES NOT WARRANT THAT ITS DC TV SERVICE WILL BROADCAST REGULARLY, DEFECTS WILL BE CORRECTED, OR THAT THE WWEBNET WEB SITE OR THE OTHER WEB SITES OF WWEBNET OR ITS LICENSORS, AFFILIATES OR SUCCESSORS (OR ANY SERVERS THAT MAKE SAID SOFTWARE OR CONTENT AVAILABLE THERIN) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE SUITABLE FOR A PARTICULAR VIEWING AUDIENCE. WWEBNET DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF DC TV OR ITS RELATED CONTENT IN TERMS OF CORRECTNESS, RELIABILITY, RELIABILITY, OR OTHERWISE. WWEBNET DOES NOT WARRANT THAT THE USE OF ITS SOFTWARE OR CONTENT RELATED TO ITS SOFTWARE WILL NOT ADVERSELY AFFECT THE COMPUTER(S) ON WHICH DC TV IS DOWNLOADED OR INSTALLED OR THE NETWORK OF WHICH SUCH COMPUTER(S) ARE A PART. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. To the extent DC TV offers any search features, you acknowledge that some content may not always be accessible. Thus, we explicitly disclaim any responsibility for the content or availability of information contained in our search index or directories. 5. EXCLUSION OF ALL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WWEBNET, ITS SUCCESSORS, ITS LICENSORS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE DC TV, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WWEBNET, ITS SUCCESSORS, LICENSORS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 6. LIMITATION AND RELEASE OF LIABILITY. DC TV was provided to you at no charge and WWEBNET has included in this EULA terms that disclaim all warranties and liability for the SOFTWARE. To the full extent allowed by law, YOU HEREBY RELEASE WWEBNET, ITS SUCCESSORS, LICENSORS AND AFFILIATES FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING DC TV OR ITS USE. If you do not wish to accept DC TV under the terms of this EULA, do not install DC TV. No refund will be made because DC TV was provided to you at no charge. 7. ADULT CONTENT/Nature Of Content/Jurisdiction. WWEBNET makes no representation that DC TV or content delivered by DC TV's licensors, or affiliates is appropriate for any individual, or available for use in any particular location. Individuals using DC TV do so at their own risk and content viewed on DC TV may have adult, "X," "R" or even higher suitability ratings for viewers. Parents should monitor what minors download and view when using DC TV, AS WWEBNET, ITS SUCCESSORS, LICENSORS OR AFFILIATES HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR WHAT IS BROADCAST OVER DC TV. Those who choose to use DC TV do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. 8. Termination. These terms are effective until terminated by either party. We reserve the right, in our sole discretion, to terminate your access to any or all of DC TV and the related content, services or any portion thereof at any time, without notice, which such termination may include an automatic un-install by WWEBNETTV of DC TV AND RELATED CONTENT from your computer. You may terminate these terms at any time by discontinuing use of DC TV, erasing DC TV from all computer memories and storage devices within your possession or control, and destroying all materials and content obtained from DC TV, its licensors, or affiliates and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. We reserve the right, in our sole discretion, to terminate your (or any group of users') access to any or all of DC TV and the related services or any portion thereof at any time, without notice. 9. Export Law Assurances. You agree not to use or otherwise export or re-export DC TV except as authorized by the laws of the United Kingdon, the United States and the laws of the jurisdiction in which DC TV was obtained. Without limiting the foregoing, DC TV may not be exported or re-exported by U.S. Citizens (a) into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) 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 installing DC TV, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list. 10. U.S. GOVERNMENT RESTRICTED RIGHTS/GOVERNING LAW. If you acquired the DC TV in the United States of America, the laws of the State of New York, U.S.A will apply to this contract. If you acquired this SOFTWARE outside of the United States of America, then local law may apply. DC TV software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. DC TV software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. 11. EXPORT RESTRICTIONS. You agree that you will not export or re-export DC TV software, any part thereof, or any process or service that is the direct product of DC TV (the foregoing collectively referred to as the "Restricted Components"), to any country, person or entity subject to U.S. export restrictions. You specifically agree not to export or re-export any of the Restricted Components (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any person or entity who you know or have reason to know will utilize the Restricted Components in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the U.S. Commerce Department, Bureau of Export Administration nor any other U.S. federal agency has suspended, revoked or denied your export privileges. 12. Entire Agreement. These terms shall be governed by and construed in accordance with the laws of the United States and the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WWEBNET OR AN AUTHORIZED REPRESENTATIVE SHALL CHANGE THIS EULA IN ANY WAY. 13. QUESTIONS. Should you have any questions, or if you desire to contact in the U.S. WWEBNET, Inc., 163 Amsterdam Avenue #191, New York, NY 10023 or outside the U.S.: Direct Choice TV Communications, Ltd. 96 Kensington High Street, Macmillan House, 3rd Floor, London UK W8 4SG and/or visit our Web site at www.WWEBNET.com and contact us accordingly. |