THIS LICENSE AGREEMENT STATES IMPORTANT REQUIREMENTS REGARDING YOUR USE OF THE VERIZON FiOS TV MEDIA MANAGER SOFTWARE AND SUPPLEMENTS AND FORMS A PART OF THE FiOS TV TERMS OF SERVICE. READ THIS LICENSE CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AND OURS.*
BY CLICKING ON THE "I ACCEPT" BUTTON, YOU AGREE TO THIS SOFTWARE LICENSE AGREEMENT.
*See Exhibit A to the Verizon FiOS TV Terms of Service for the specific Verizon company that is providing FiOS TV Service to you.
Home Media Software
The Media Manager feature including Media Manager Music Player (Beta version) ("Media Manager") of the Home Media DVR Service (the "Service") enables you to access and view and/or listen to certain content that is stored on your personal computer via the primary Home Media DVR-enabled Set Top Box, a television or other compatible audio-visual display ("TV") and your home network. Media Manager is for your personal, noncommercial use only.
NOT ALL CONTENT CONTAINED ON YOUR PERSONAL COMPUTER MAY BE APPROPRIATE FOR ALL PERSONS HAVING ACCESS TO YOUR TV, INCLUDING BUT NOT LIMITED TO CHILDREN. YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR REVIEWING CONTENT ON YOUR COMPUTER AND FOR DETERMINING WHICH CONTENT IS SUITABLE FOR ACCESS VIA THE HOME MEDIA DVR ENABLED SET TOP BOX, AND YOU AGREE THAT VERIZION, VERIZON INTERNET SERVICES INC. AND/OR ANY AFFILIATES OF VERIZION WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES, INJURIES OR OTHER LIABILITY ARISING FROM CONTENT CONTAINED ON YOUR PERSONAL COMPUTER AND ACCESSED ON YOUR TELEVISION.
The Software may be used to access content from your personal computer only so long as such access is limited to non-copyrighted materials, materials in which you own the copyright, or materials in which you are authorized or legally permitted to reproduce.
As part of the Service, we are providing you, at no additional charge, the use of the Media Manager software, including the downloadable client software to be installed on your personnel computer (the "Software"). We reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software.
With regard to the Software (including any updates or upgrades that we may make available to you), you are hereby granted a revocable, non-exclusive, non-transferable license by Verizon or its third party licensors, providers or suppliers, to use the Software (including any corrections, updates and upgrades we may provide) only as part of or for use with the Service and for no other purpose and subject to the following restrictions: (a) you may not make any copies of the Software except for your personal use in connection with the Service, (b) you agree that the Software is the confidential information of Verizon or its third party licensors, providers or suppliers, and contains copyrighted material, trade secrets, patents, and proprietary information owned by Verizon or its third party licensors, providers, or suppliers which you shall not disclose to others or use except as expressly permitted herein, (c) you may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, otherwise reduce the Software to a human readable form, (d) you may not modify, rent, lease, loan, use for commercial timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party, (e) you may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software, (f) you acknowledge that this license is not a sale of intellectual property and that Verizon or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, and (g) the Software may be used in the United States only; any export of the Software is strictly prohibited.
We shall provide technical assistance and support for the Software in accordance with our then-current support policies. Unless otherwise provided in such policies, Verizon does not provide technical assistance or support for any third party software and technical assistance or support with regard to third party software is solely provided in accordance with such third party's policies or other terms.
Your license to use the Software shall remain in full force and effect unless and until terminated by Verizon or its third party licensors, providers or suppliers. Upon termination of your Home Media DVR Service for any reason, you must cease all use of the Software and immediately delete the Software from your computer.
Management of Your Personal Computer
System Management and Service Performance. You are solely responsible for obtaining, installing, configuring, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the Service and to operate your computer and any applications on it. Verizon shall not be liable if the Service becomes inoperable due to your failure to take the necessary steps to manage your system and Service performance.
Data Management. You are responsible for management of content on your personal computer, including but not limited to back-up and restoration of data and erasing data from disk space you control. Verizon is not responsible for the loss of your data or for the back-up or restoration of your data.
Your Security. You are solely responsible for developing and maintaining any security procedures you deem appropriate to protect your data and information on your personal computer, such as logon security and encryption of data, User ID, alias, and firewalls. WE STRONGLY RECOMMEND THE USE (AND APPROPRIATE UPDATING) OF COMMERCIAL ANTI-VIRUS AND FIREWALL SOFTWARE.
YOU UNDERSTAND AND AGREE THAT EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT, VERIZON, VERIZON INTERNET SERVICES INC. AND/OR ANY AFFILIATES OF VERIZION, DISCLAIM ANY AND ALL WARRANTIES FOR THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. SOME OF THE SOFTWARE MAY BE RELEASED IN NON-FINAL, BETA VERSION FORM.
Verizon's liability for any claim or damages arising in connection with the Software shall not exceed the greater of a refund of the pro-rated charges actually paid by you for the Software or $10.00. IN NO EVENT SHALL VERIZON, VERIZON INTERNET SERVICES INC. AND/OR ANY AFFILIATES OF VERIZON, BE LIABLE FOR: (A) ANY DIRECT DAMAGES, (B) ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF VERIZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (C) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
EXCEPT AS SET FORTH IMMEDIATELY BELOW, THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
I am a current Home Media DVR subscriber, and I acknowledge that I have read,
understand, and accept the Software License Agreement as outlined above.