TERMS AND CONDITION (LICENSE AGREEMENT) FOR "WS.WEBTV" SOFTWARE
ENGLISH TRANSLATION: This is a translation of the Terms and Conditions originally issued in Spanish. In the event of a discrepancy, the Spanish-language version prevails.
IMPORTANT. READ CAREFULLY: this End User License Agreement (hereinafter EULA) is a binding contract between You (whether natural person or legal personal/entity) and Rafael Laudo Lemos ( hereinafter the "DEVELOPER") respect to "WS.WebTV" Web Software (hereinafter Software) that accompanies this EULA. The Software can be accompanied by modifications and extensions to this EULA. YOU ARE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING OR USING THE SOFTWARE. IF YOU DO NOT ACCEPT THE TERMS OF THIS EULA, DO NOT INSTALL, COPY OR USE THE SOFTWARE.
1. GRANT OF LICENSE. The DEVELOPER grants you a license to install and use the Software in a physical or virtual Web Server, associated to a unique URL. A URL (Universal Resource Locator) is a unique address for a website or webpage in Internet, in this case, the address of the SOFTWARE.
2. ADDITIONAL RIGHTS AND LIMITATIONS
2.1 Activation. THIS SOFTWARE HAS TECHNOLOGIES TO AVOID THE USE WITHOUT LICENSE. In order to activate the Software you need to provide to the DEVELOPER with the URL where the Software will be installed and used.
2.2 You are responsible for the improper use of the Software as well as the content created or made public by using the Software. The DEVELOPER is not responsible for any improper use of the Software or for any content (image, audio, video, etc.) created or made public by using the Software.
3. PROPERTY RIGHT. The DEVELOPER reserves the rights not granted expressly in this EULA. The Software is protected by the property and industrial rights as well as other intellectual property laws. The intellectual property (copyright, trademark rights, industrial rights, patent rights, or other proprietary rights of use etc,) remains unless expressly agreed otherwise in writing - always with the DEVELOPER.This EULA does not grant you any rights over commercial brands or service brands of the DEVELOPER.
3.1 Third party licenses/copyright notices. In the "third-parties.txt" file you will find the licenses and copyright notices of the components developed by third parties that are used/included by this SOFTWARE. By using this SOFTWARE you also accept the terms, conditions and licenses of the thrid party developed components (software). The following is an overview of the copyright notices detailed in the "third-parties.txt" file:
- Diagona icons 1.0. Copyright: C 2012 Yusuke Kamiyamane. Author(s): Yusuke Kamiyamane (email@example.com). URL: http://p.yusukekamiyamane.com/
- Services_JSON class. Copyright: C 2005 Michal Migurski. Author(s): Michal Migurski <firstname.lastname@example.org>, Matt Knapp <mdknapp[at]gmail[dot]com>, Brett Stimmerman <brettstimmerman[at]gmail[dot]com>. URL: http://pear.php.net/pepr/pepr-proposal-show.php?id=198
- PHPMailer - PHP email class. Copyright: Copyright (C) 2001 - 2003. Author(s): Brent R. Matzelle. Brent R. Matzelle.
- SMTP - PHP SMTP class. Copyright: Chris Ryan. Author(s): Chris Ryan.
- Amazon S3 PHP Class. Copyright: Copyright C Donovan Schönknecht. Author(s): Undesigned - Donovan Schönknecht. URL: http://undesigned.org.za/2007/10/22/amazon-s3-php-class
- AjaxUploader. Copyright: Copyright C 2010 Andrew Valums. Author(s): Andrew Valums. URL: http://valums.com/ajax-upload/
- Open Source Media Framework. Copyright: Copyright 2010 Adobe Systems Incorporated. Author(s): Adobe Systems Incorporated. URL: http://www.osmf.org/
- Flash Player Version Detection. Copyright: Copyright 2005-2007 Adobe Systems Incorporated. Author(s): Adobe Systems Incorporated.
- Alert Dialog Class (AS3). Copyright: Copyright C 2009 - Fatal Exception Studios. Author(s): Fatal Exception Studios. URL: http://fatal-exception.co.uk/blog/?p=69
- Zoombox Another jquery lightbox. Copyright/Author: C Jonathan Boyer (Grafikart). URL: http://grafikart.github.io/Zoombox/
- Basic jQuery Slider. Copyright: C 2011 John Cobb. Author: John Cobb. URL: http://basic-slider.com/
- Mobile Detect. Copyright: Copyright (c) 2011-2013 Serban Ghita email@example.com. Authors: Serban Ghita firstname.lastname@example.org, Nick Ilyin email@example.com, Original author: Victor Stanciu firstname.lastname@example.org. URL: http://mobiledetect.net/
- jQuery Countdown. Copyright: Copyright (c) 2008-14, Keith Wood. Authors: Keith Wood <email@example.com>. URL: http://keith-wood.name/countdown.html
- Flashls. Copyright/Autor(es): Guillaume du Pontavice "mangui". URL: http://mangui.github.io/flashls/
- OSMF HLS Plugin. Copyright: Copyright (c) 2013, Denivip. URL: http://blog.denivip.ru/index.php/2013/05/osmf-hls-plugin/
- Open Source Media Framework Pseudostreaming Plugin. Copyright/Autor(es): Maxym Golovanchuk "mexxik" <firstname.lastname@example.org>. URL: https://github.com/mexxik/osmf-pseudostreaming
- Dash Industry Forum dash.js. Copyright: Copyright (c) 2015, Dash Industry Forum. Autor(es): https://github.com/Dash-Industry-Forum/dash.js/blob/development/AUTHORS.md. URL: https://github.com/Dash-Industry-Forum/dash.js
- Open Sans Font/Type. Copyright/Author: Steve Matteson (https://profiles.google.com/107777320916704234605/about). URL: http://ascendercorp.com/, https://www.google.com/fonts/specimen/Open+Sans, http://www.fontsquirrel.com/fonts/open-sans
- Driod Sans Font/Type. Copyright/Author: Steve Matteson (https://profiles.google.com/107777320916704234605/about). URL: http://ascendercorp.com/, http://www.droidfonts.com, https://www.google.com/fonts/specimen/Droid+Sans, http://www.fontsquirrel.com/fonts/droid-sans
- Junction Sans Font/Type. Copyright/Author: The League of Moveable Type. URL: https://www.theleagueofmoveabletype.com/, http://www.fontsquirrel.com/fonts/junction-regular
- PT Sans Font/Type. Copyright: Copyright (c) 2009 ParaType Ltd. with Reserved Names "PT Sans" and "ParaType". Authors: Alexandra Korolkova, Olga Umpeleva (https://profiles.google.com/olga.umpeleva/about) and Vladimir Yefimov (https://profiles.google.com/VladimirJeffYefimov/about) and released by ParaType (http://www.paratype.com/public/) in 2009. URL: http://www.paratype.com/public/, https://www.google.com/fonts/specimen/PT+Sans, http://www.fontsquirrel.com/fonts/PT-Sans
- unveil.js. Copyright/Author: Luis Almeida (https://github.com/luis-almeida). URL: http://luis-almeida.github.com/unveil/
- Respond.js Copyright/Author: Copyright 2011: Scott Jehl, scottjehl.com. URL: https://github.com/scottjehl/Respond
- Material Icons Font/Type. Copyright/Author:Google URL: https://design.google.com/icons/, http://google.github.io/material-design-icons/
- three.js control: DeviceOrientationControls.js - Authors: Richt (http://richt.me), WestLangley (http://github.com/WestLangley)
- three.js control: VRControls.js - Authors: dmarcos (https://github.com/dmarcos), mrdoob (http://mrdoob.com)
- three.js effect: StereoEffect.js - Authors: alteredq (http://alteredqualia.com/), mrdoob (http://mrdoob.com/), arodic (http://aleksandarrodic.com/), fonserbc (http://fonserbc.github.io/)
- three.js effect: VREffect.js - Authors: dmarcos (https://github.com/dmarcos), mrdoob (http://mrdoob.com)
- three.js util: WebVR.js - Authors: mrdoob (http://mrdoob.com) - Based on @tojiro's vr-samples-utils.js
- WebVR Boilerplate (webvr-manager.js) - A THREE.js-based starting point for VR experiences that work well in both Google Cardboard and other VR headsets. Author/Copyright (c) 2015 Google Inc. URL: https://github.com/borismus/webvr-boilerplate
- ES6-Promise (es6-promise.auto.min.js, a subset of rsvp.js) - Polyfill of the ES6 Promise. Authors/Copyright: Copyright (c) 2014 Yehuda Katz, Tom Dale, Stefan Penner and contributors. URL: https://github.com/stefanpenner/es6-promise
4. REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLING LIMITATIONS. You may not modify, alter, reverse engineer, disassemble, or decompile the Software.
5. INFORMATION GATHERING AND USE. You accept that the DEVELOPER can gather and use, in accordance with the applicable law, all the gathered technical information as part of the technical support services offered, if any, related with the Software. The DEVELOPER will use this information to improve the Software or to provide customized services or technologies, this information will not be disclosed to third parties.
6. INSTALLATIONS. In case you have purchased an installation service, you must provide all the technical information that the DEVELOPER requires in order to fulfill the service. The required information can include Web server access data (username and password), among others. The DEVELOPER commits to treat the information as confidential and to not disclose it to third parties; additionally, the DEVELOPER will discard the information once the installation service is completed.
7. SOFTWARE, SERVICES AND LINKS TO THIRD PARTIES. The DEVELOPER is not responsible for the websites´ content, services or software from third parties, for links contained in websites, services or softwares from third parties, for changes, updates/upgrades to websites, services or softwares from third parties. The DEVELOPER provide third party links and software for your convenience and the inclusion of any of them does not imply the acceptance by the DEVELOPER of those websites, services or softwares from third parties.
8. ADDITIONAL SERVICES/SOFTWARE. This EULA will apply to updates, upgrades, complements, enhancements or complimentary services related with the Software that the DEVELOPER could make available or offer to you after the Software purchase, unless specified by independent terms and conditions.
9. COMPONENT SEPARATION. The Software is licensed as a whole and complete product. Its component parts can not be separated for using in other Software or devices.
10. SOFTWARE MODIFICATIONS.
10.1. You accept the Software as provided, and declare to know the extents, limitations and detailed features of the Software. Any modification you require to do to the Software, either before or later to installing it, must be requested by writing to the DEVELOPER. The DEVELOPER reserves the right to estimate the time needed in order to develop the necessary modifications, the cost you must pay for them (if any) as well as the decision to make those modifications or not, without implying any contract breach.
10.2. With the sole purpose of being made and used exclusively by you, at your own risk, the DEVELOPER authorizes you to do the following modifications to the SOFTWARE:
10.2.1. Create or modify the SOFTWARE's "Themes". Themes are the collection of HTML files that define the SOFTWARE's graphic elements disposition.
10.2.2. Create or modify the SOFTWARE's "Styles". The Styles are CSS files that define the SOFTWARE's graphic appearance.
10.2.3. Create or modify the SOFTWARE's "Images", except the ones related with the DEVELOPER's brand or logo. The Images are JPG, GIF or PNG files that define the SOFTWARE's graphic appearance.
10.2.4. Create or modify the SOFTWARE's "Language Packs". Los Packs de Idioma son archivos de texto que contienen las traducciones de los textos utilizados por el SOFTWARE.
10.2.6. Create additional "PHP Scripts", to add extra functionality to the SOFTWARE. The PHP Scripts are text files written in PHP language, which add extra functionality to the SOFTWARE; for example, data collection forms.
10.2.7. Any other kind of modification is not allowed and must be authorized by the DEVELOPER.
10.3. The DEVELOPER will not offer any technical support for third parties SOFTWARE modifications.
11. NON EXCLUSIVITY. This EULA grants you a non-exclusive license of the Software, therefore the DEVELOPER can sell the Software and the specific modifications made for you (if any) to any other natural person or legal personal/entity.
12. TERMINATION. Without detriment to any other right, the DEVELOPER may terminate this EULA in case of breach of contract on your part of these terms and conditions. In such case, you must destroy all Software copies and all its component parts.
13. COMPLETE CONTRACT; DIVISIBILITY. This EULA (including all modifications or additions to it included with the Software) constitutes the complete contract between You and the DEVELOPER in relation to the Software and technical support services (is any), and substitutes all previous or simultaneous communications, proposals and statements, written or oral, respect the Software or any other subject of this EULA. In the event that the terms of any regulation or Software from the DEVELOPER contradicts the terms of the present EULA, the terms of this EULA will prevail. In case any part of this EULA is not valid, this does not affect the other (remaining) parts of it. Ineffective, invalid or futile regulations (if any) will be replaced by such regulations, which´s meaning and contents are similar the most to the economical intentions of the original ones.
14. The DEVELOPER Warranty . Legal rights safeguard. The following warranty is not restricted to any territory and does not affect the legal rights you may have respect the DEVELOPER.
14.1. Limited warranty The Software is designed and is offered as a generic purpose Software, and not for the particular purpose of any user. The DEVELOPER does not guarantee that the neither the Software won´t stop working nor the Software is error free on the basis of the state of the art, and we strongly recommend you to make periodic backup copies of your files. If you have a valid license of the Software, the DEVELOPER guarantee a) during the next 90 days from the purchase date, or during the minimum period specified by law, the Software will operate substantially according to the written material that accompanies it; and b) any technical support service offered by the DEVELOPER will be performed substantially as described in the corresponding written material provided by the DEVELOPER, furthermore, the DEVELOPER will seasonably spend its effort and diligence to solve any problem. In case the software does not comply with this warranty, the DEVELOPER commits to (i) repair the Software for free, or (ii) refund the price You paid for the Software (excluding the cost of any additional, complimentary service). This warranty will have no effect if the Software error, malfunction or poor performance is caused by: an accident, malfunction (or poor performance) of the system that stores and executes the Software, inadequate installation of the Software, abuse o incorrect use of the Software by You.
14.2. The DEVELOPER can only guarantee a stable Software operation in a hardware (computer) system (Web server) that has been previously approved by the DEVELOPER. The approval is granted only when the Software installation is done by the DEVELOPER in the Web server specified by You.
14.3. This warranty is not applicable to the free software you may receive, for example, "WS.WebTV Free", betas, tests, trials, product samples, websites, online-services or software that has been modified by you (if those modifications cause a defect).
14.4. Other warranties exclusions Without detriment to the previous warranty, as well as other warranties enforced by regulations specified in the applicable law, the DEVELOPER and providers provide the software and the access to any website, and on-line services as is with all faults and expressly excludes all warranties, conditions and other terms, either express, unwritten or implicit (by regulations or jurisprudence, by analogy or by any other way), either verbal or written, including, without limitation, implicit warranties of satisfactory quality, suitability for a particular purpose, performance, security, integration and merchantability, respect the Software and written material that accompany the Software. Those warranties that may not be excluded, will have the minimum duration specified by the applicable law or at least, a duration of 90 days.
14.5. Limitation of liability Without detriment to the previous warranty and to the extent not prohibited by law, and with the exception of willful misconduct or negligence, the DEVELOPER and providers shall not be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the software, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if the DEVELOPER has been advised of the possibility of such damages. In any case, the total responsibility of the DEVELOPER derived from any clause of this EULA will be limited to the amount you paid for the Software, excluding the cost of any other complimentary service (for example, Installation service), if any. These limitations won´t be applicable to the liabilities not excluded as a consequence of the applicable law.
15. Additional terms for the free SOFTWARE "WS.WebTV Free".
15.1. "WS.WebTV Free" is intended for non-commercial / non-profit applications. Additionally, you are not allowed to use "WS.WebTV Free" on the following circunstances:
15.1.1. When banners ads or publicity have been included in the SOFTWARE.
15.1.2. The purpose of the content you include into the SOFTWARE is to promote a company, political parties, governments, products or services.
15.1.3. The content included in the SOFTWARE can be considered as violence-promoting, racist, terrorist, criminal, legally protected or illegal.
15.1.4. The content included in the SOFTWARE may hurt political and religious opinions of any person.
15.1.5. The references and links to WebTV Solutions and/or WS.WebTV Free have been removed from the SOFTWARE.
15.2. You authorize the DEVELOPER to include, into its Website, a link to the URL of your licensed SOFTWARE, as well as a "screen capture" of the licensed SOFTWARE.
15.3. Any infringe/violation of this EULA, whether total or parcial, prohibits the initial or further usage of "WS.WebTV Free" and leads to the immediate termination of any previously granted usage license without notice; furthermore, the SOFTWARE will be deactivated without requiring any notice.
15.4. You use "WS.WebTV Free" at your own risk.
15.5. The DEVELOPER reserves the right to stop offering "WS.WebTV Free".
15.6. The DEVELOPER reserves the right to revoke any "WS.WebTV Free" license, anytime, for any reason.
16. Additional terms for trial or sample Software. If the Software is a trial or sample Software ("Trial Software" or "Beta Software"), the following section is applicable. Trial Software could have a limited functionality and it only serves as a demonstration and evaluation not intended for commercial use. You use the Trial Software at your own risk. Additionally, if the Software is time-limited, it will stop working at the end of the time period counted from the day of download. The license granted in this EULA will terminate at the end of the time period, unless the DEVELOPER extends it when you purchase a full license of the Software. You use the software or any associated product/service at your own risk.
17. SOFTWARE resell, distribution. You are not authorized to distribute or resell the SOFTWARE if you are not an authorized DEVELOPER distributor. In order to become a distributor you must fill in the distributor request form and accept its conditions. For more information, contact the DEVELOPER.
18. Applicable law. This contract will be ruled by the Spanish laws. Any claim or dispute between YOU and the DEVELOPER that arises in whole or in part from the current contract shall be decided exclusively by a court of competent jurisdiction located inthe city of Valencia, Spain. If you have any doubt related to this EULA or if, for any reason, you want to contact the DEVELOPER, visit the DEVELOPER in the World Wide Web at http://www.webtvsolutions.com. If you have any complaint regarding this warranty, please send a written notification to Rafael Laudo Lemos, C/Orba 10 - 4, Benetusser, 46910, Valencia, Spain, indicating the relevant information to be identified in this EULA, the Software purchase date as well as your complaint. The DEVELOPER will contact you in the next seven (7) days after receiving your written notification.