END USER LICENSE AGREEMENT (EULA)
IMPORTANT: PLEASE READ CAREFULLY
BY DOWNLOADING AND/OR USING ANY SOFTWARE AND/OR APPLICATIONS (COLLECTIVELY, "SOFTWARE") PROVIDED TO YOU BY OR ON BEHALF OF MY AFRICAN CINEMA, INC. AND ITS AFFILIATED ENTITIES ("MY AFRICAN CINEMA") IN CONNECTION WITH YOUR USE OF THE MY AFRICAN CINEMA SERVICE, YOU ACKNOWLEDGE AND AGREE THAT (1) YOU HAVE READ THIS END USER LICENSE AGREEMENT ("LICENSE AGREEMENT"); (2) YOU UNDERSTAND IT; (3) YOU ARE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT; AND (4) YOU MAY RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE FOREGOING, YOU AGREE THAT YOU DO NOT HAVE A LICENSE TO, AND YOU WILL NOT USE, THE SOFTWARE.
If you do not accept this EULA on behalf of the customer, the customer may not use the software and you must destroy all downloaded copies of the software you own or control. Please go to My African Cinema website for your records
This License Agreement contains details on your limited right and license to use the Software solely in connection with your use of the My African Cinema service. This License Agreement is between you and My African Cinema and not any other party. The Software contains material that is protected by copyright and other applicable intellectual property laws in the U.S. and other territories and by international treaty provisions. The Software is licensed, not sold or given, to you by My African Cinema for use only under the terms of this License Agreement and all rights not specifically granted to you herein are reserved to My African Cinema and to any third party with ownership rights in software and documentation used in the Software. You may not remove any proprietary notice of My African Cinema or any other party from any copy of the Software or documentation.
The rights granted under the terms of this License Agreement include any software upgrades that replace and/or supplement the original Software. My African Cinema reserves the right, from time to time, with or without notice to you, to change the terms of this License Agreement in our sole and absolute discretion. The most current version of this License Agreement will supersede all previous versions. Your use of the Software after changes is made means that you agree to be bound by such changes. As such, you should review the License Agreement periodically.
2. Permitted Use/Restrictions
2.1 Grant of Limited License: My African Cinema grants you (which, for purposes of this License Agreement, shall include members of your immediate household for whom you will be responsible hereunder and users of the My African Cinema ready device with which you are accessing the My African Cinema service and for whom you will be responsible hereunder) a non-exclusive, limited, personal and nontransferable license, subject to and conditioned on your compliance with the restrictions set forth in this License Agreement, to install and use the Software, in object code form only, provided to you by or on behalf of My African Cinema in connection with your use of the My African Cinema service.
2.2 The license grant above includes the right to use documentation accompanying the Software for the sole purpose of using the My African Cinema service and the right to make one (1) backup copy of the Software, provided that (i) the Software is installed on only the number of My African Cinema ready devices authorized by My African Cinema (which number shall be six (6) My African Cinema ready devices unless otherwise agreed or modified in writing by My African Cinema); (ii) the Software may NOT be modified; (iii) all copyright notices are maintained on the Software; and (iv) you agree to be bound by all the terms of this License Agreement.
2.3 The Software is only for your own personal, non-commercial use and not for use in the operation of a business or service bureau, for profit or for the benefit or any other person or entity.
2.4 A condition of the limited license for the Software granted to you in this License Agreement, except as and only to the extent expressly permitted in this License Agreement or by applicable law which cannot be waived by this License Agreement, you may NOT: publish, display, disclose, rent, lease, modify, loan, distribute or create derivative works based on the Software or any part thereof; copy, decompile, reverse engineer, disassemble, translate, adapt or otherwise reduce the Software to human readable form; attempt to create the source code from the object code of the Software; transmit or make the Software available over a network where it could be used by multiple computers or My African Cinema ready devices at the same time; make any third-party software contained in the Software a standalone product; take any action that will infringe on the intellectual property or other proprietary rights of My African Cinema or any third party software provider; sublicense or assign the Software; view any movies & TV shows provided by My African Cinema or its suppliers anywhere other than within the country or location authorized by My African Cinema ("Territory"); and instantly watch movies & TV shows outside of the Territory, and My African Cinema may use technologies to verify your compliance.
2.6 Without right of ownership. You have no property rights in any software. On the contrary, as long as this license agreement remains in force. The ownership of the software and / or its licensors. Any other use of the Software by any other person, company, company, government or other entity is strictly prohibited and constitutes a violation of this License Agreement.
3. Third-party content / Third-party software
3.1 Content is the property of the content owner. This content is protected by copyright or treaties and is subject to the third party providing that content. In addition to its third-party content, this license agreement does not grant you the right to copy, distribute, prepare derivative works or use the search content for any other purpose. You are prohibited from participating in or facilitating the unauthorized sharing of P2P files of third-party content, such as publishing, making available, downloading, downloading or distributing content from unauthorized third parties.
3.2 Software. There are software programs contained within the Software that have been licensed to My African Cinema by third parties. The term "Software" as used herein shall refer to such third party software except where the term Software refers expressly to the ownership or other specific rights of My African Cinema. The same terms and conditions, including all limitations and restrictions, set forth in this License Agreement apply to each third party software program contained in the Software. Certain software programs specified in the licenses referenced in Section 10 ("Notices") below may contain additional grants and/or restrictions.
4. Upgrading the Software
My African Cinema may issue you an upgraded version of the Software automatically upon an instance of your use of the Software or the My African Cinema service or otherwise in connection with your use of the My African Cinema ready device. Alternatively, My African Cinema may require you to consent to an upgrade to the Software ("Software Upgrades") before using, installing or accessing the Software. If you decline the Software Upgrades, you may not be able to use or access the Software or the My African Cinema service.
The client may receive a new license file for the following reasons:
• Renewal of Technical Support and Maintenance (TSM).
The My African Cinema coverage period is encoded in the license file. You can use a license file with the current TSM (not expired) optional to update the software to a new version. When the client updates the software to a new version, the client can install and use two different versions of the software only for temporary development purposes (non-productive use) including tests, comparison of functions and other evaluation objectives, in preparation for the transition to the new version of the software.
• Purchase an updated version of the software.
The user receives a new license file to activate the updated version. This will be the same version or a new version of the service that will allow users or additional function packages. (Non-productive use), including testing, comparison of characteristics and other evaluation purposes, with a view to the transition to the updated version of the product.
5. Consent to Use of Data
Customer may make one archival copy of the Software, provided Customer’s archival copy is not installed or used on any computer and further provided that the copy shall bear the original and unmodified copyright, patent and other intellectual property markings that appear on or in the Software. Customer may not transfer the rights to an archival copy unless Customer transfers all rights in the Software as provided herein.
This License Agreement is effective until terminated. Your rights under this License Agreement are terminable by My African Cinema at any time without notice. Further, this License Agreement will terminate if My African Cinema finds that you have violated any of the terms of this License Agreement. No waiver of any breach of any provision of this License Agreement by My African Cinema shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless it is made in writing and is signed by an authorized representative of My African Cinema. All provisions relating to confidentiality, proprietary rights, and nondisclosure shall survive the termination of this License Agreement. Your ability to use the My African Cinema service is subject to your system compatibility with our Software as such requirements may change from time to time. Compatibility of system requirements with the Software is your responsibility.
Upon the termination of this License Agreement, you shall cease all use of the Software and My African Cinema service and destroy all copies, full or partial, of the Software that you may have downloaded hereunder.
8. Disclaimer of other warranties.
Other than the warranty set forth in section, My African Cinema and its suppliers make no warranties Or representations, express or implied, whether by statute, common law, custom, usage or Otherwise, as to any matters, including the performance or results customer may obtain by using the software to the maximum extent permitted by applicable law, My African Cinema Disclaim all other warranties with regard to the software, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, Informational content or accuracy, quiet enjoyment, title and no infringement.
If you have downloaded any Software from the Apple iTunes Application Store, the following additional terms apply to such Software: Apple has no warranty obligation with respect to the Software and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty set forth in this License Agreement is the responsibility of My African Cinema. Please note that My African Cinema has disclaimed all warranties (see section above).
Apple is not responsible for addressing any claims relating to the Software or your possession and/or use of the Software, including, but not limited to: (I) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Apple is not responsible for any third-party infringement claims that the Software or your possession and use of the Software infringe a third party's intellectual property rights.
9. Third Party Beneficiary:
My African Cinema and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this License Agreement with respect to any such Software, and that Apple will have the right (and will be deemed to have accepted the right) to enforce the License Agreement against you as a third party beneficiary thereof as set forth herein.
10. Digital Rights Management
Content owners use Microsoft PlayReady™ content access technology to protect their intellectual property, including copyrighted content. Certain My African Cinema ready devices and personal computers use PlayReady technology to access PlayReady-protected content and/or WMDRM-protected content. If the device fails to properly enforce restrictions on content usage, content owners may require Microsoft to revoke the device's ability to consume PlayReady-protected content. Revocation should not affect unprotected content or content protected by other content access technologies. Content owners may require you to upgrade PlayReady to access their content. If you decline a PlayReady upgrade, you will not be able to access content that requires the upgrade.
You agree and acknowledge that Facebook, Dolby Laboratories and Microsoft-General have no responsibility or liability for the Software and its content.