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EasyPlayTV - End User License Agreement

Updated: Copenhagen 13. October 2014, 10:55 (Version 1.05).

ENGLISH

"EasyPlayTV" is developed and owned by Easy Play TV ApS - a limited company incorporated in Denmark. 

EasyPlayTV (“EasyPlayTV”) End User License Agreement.
Please read this End User License Agreement (in the following called EULA) carefully before using your “EasyPlayTV”.

If you do not want or can not accept the terms, do not use the “EasyPlayTV”. You may return the “EasyPlayTV” within the period to the store in which you have purchased it. 

By using the “EasyPlayTV” you agree to the terms and conditions in this EULA.

1. Overall
1.1. The firmware (including all code and other embedded software), documentation, interfaces, content etc. that came with your “EasyPlayTV”, are licensed, not sold, to you by EasyPlayTV ApS for use only under the terms of this EULA.

“EasyPlayTV” retain full copyright and ownership of the “EasyPlayTV” firmware and reserve all rights not expressly granted to you.

1.2. You may have purchased your “EasyPlayTV” by a third party and possible under a different product name (i.e. GoAllTV SmartStick). This EULA applies in all these circumstances, without any limitations.

2. Use and restrictions
2.1. You are not allowed to copy, install or distribute the “EasyPlayTV” firmware, neither enable others to do so. By distribute we mean “give copies of the firmware”, use commercially or let others gain access to this.

Subject to the terms and conditions in this EULA, you are granted a non-exclusive license to use the “EasyPlayTV” on a single “EasyPlayTV” branded device.  You agree not to install use or run the “EasyPlayTV” in any other way, neither enable others to do so. 

You may not make the “EasyPlayTV” available available over a network, where it could be used by multiple devices or multiple computers at the same time.

This EULA does not grant you any rights to use “EasyPlayTV” proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories etc., for use with “EasyPlayTV”.

2.2. You may not (neither enable others to), copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the “EasyPlayTV” firmware (except as the extent as may be permitted by licensing terms governing use of open-source components that may be included with the “EasyPlayTV”).

“EasyPlayTV” is developed on the Android platform. The preferred license for the Android Open Source Project is the Apache Software License, Version 2.0 ("Apache 2.0")(license to found at www.apache.org/licenses/LICENSE-2.0), and the majority of the Android software is licensed with Apache 2.0. While the project will strive to adhere to the preferred license, there may be exceptions that will be handled on a case-by-case basis. For example, the Linux kernel patches are under the GPLv2 license with system exceptions, which can be found on kernel.org (license to be found at www.kernel.org/pub/linux/kernel/COPYING).

2.3. Intellectual property rights in and to any content displayed by or accessed through “EasyPlayTV” belongs to the respective content owner. This content may be protected by copyright or other intellectual property laws, and may be subject to terms of use of the third party providing such content.

This EULA does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you.

2.4. You agree to use the “EasyPlayTV” in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you use the “EasyPlayTV”.

2.5. “EasyPlayTV” might check for firmware updates. If an update is available, the update may automatically download and install onto your “EasyPlayTV”. By using “EasyPlayTV”, you agree that “EasyPlayTV” may download and install automatic updates.

3. Consent to Use of Data.
If you opt in to diagnostic and usage collection, you agree that “EasyPlayTV” may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to unique system or hardware identifiers, information about your “EasyPlayTV”, that is gathered periodically to provide and improve “EasyPlayTV” products and services, facilitate software updates, product support and other services to you, and to verify compliance with the terms of this License.

To enable “EasyPlayTV” partners to improve their services designed for use with “EasyPlayTV” products, “EasyPlayTV” may also provide any such partner with a subset of diagnostic information that is relevant to that partner’s services.

4. Services and Third Party Materials.
4.1. Use of the “EasyPlayTV” requires you to have a Google account, hence require you to accept Google’s additional terms and conditions, and may be subject to additional fees.

4.2. In using “EasyPlayTV” you gain access to content by different services and content providers through the Internet. You agree to use these services at your sole risk and that “EasyPlayTV” shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.

You understand that by using any of the services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material.

By using these services, you acknowledge and agree that EasyPlayTV is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites.

“EasyPlayTV” do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.

4.3. You agree that the services might contain proprietary content, information and material protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for permitted use of content owners and their respective terms and conditions or in any manner that is inconsistent with the terms of this EULA or that infringes any intellectual property rights of a third party or “EasyPlayTV”.

No part of the these services may be reproduced in any form. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the services, in any manner, and you shall not exploit the these in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity.

You further agree that “EasyPlayTV” is not in any way responsible for any such use by you.

5. Termination
This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from EasyPlayTV ApS if you fail to comply with any terms of this EULA. Upon the termination of this License, you shall cease all use of “EasyPlayTV” firmware.

6. Disclaimer of Warranties.
6.1. Content playback quality is dependent on availability from the content providers. Therefor "EasyPlayTV" cannot ensure or guarantee the playback quality or even the accessibility of same.

“Easy Play TV” is limited to the availability and limitations of applications offered in Google Play for the Android platform. Subscriptions or other payments may be required to access content.

6.2. You acknowledge and agree that use of the “EasyPlayTV” is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy is with you.

6.3. The “EasyPlayTV” firmware and service is provided “as is” and “as available” with all faults and without warranty of any kind. “EasyPlayTV” hereby disclaim all warranties and conditions, including but not limited to, implied warranties, satisfactory quality, fitness for a particular purpose and non-infringement of third party rights.

6.4. EasyPlayTV ApS does not warrant: against interference with your enjoyment of “EasyPlayTV” and its functions. That the “EasyPlayTV” will meet your requirements, that the “EasyPlayTV” will be uninterrupted or error free. That any service will continue to be made available, that defects in the “EasyPlayTV” will be corrected or that “EasyPlayTV” will be compatible with any third party software, application or service.

6.5. No oral or written information or advice given by EasyPlayTV ApS shall create a warranty. Should the “EasyPlayTV” prove defective, you have the entire cost of all necessary repair or servicing.

7. Limitation of Liability.
7.1. In no event shall EasyPlayTV ApS be liable for personal injury and any incidental, special, indirect or consequential damage. This including, but not limited to, damages for loss of profit, corruption or loss of data, failure to transmit or receive data, business interruption or any other commercial damage or loss, arising through your use of, or your inability to use the “EasyPlayTV” firmware, services or any third party software or application in conjunction with the “EasyPlayTV”.

In no event shall “EasyPlayTV”’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred and fifty Danish kroner (DKK 250,-). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

8. Controlling Law and Severability.
8.1. This License will be governed by and construed in accordance with the Danish law. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.

9. Complete Agreement
9.1. This EULA constitutes the entire agreement between you and “EasyPlayTV” relating to the “EasyPlayTV” firmware and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this EULA will be binding unless in writing and signed by “EasyPlayTV”.

Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this EULA shall govern, to the extent not prohibited by local law in your jurisdiction.

10. Third Party Acknowledgements.
10.1. Parts of “EasyPlayTV” firmware may utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material, and your use of such material is governed by their respective terms.


10.2. Also “EasyPlayTV” uses third party content providers and services such as, i.e. Netflix, HBO Nordic or Youtube. Use of these services are subject to the service providers terms, i.e. YouTube’s Terms of Use available at http://www.youtube.com/t/terms and YouTube’s Privacy Policy available at http://www.youtube.com/t/privacy. Use of Netflix Service is subject to the following additional terms:  Netflix’s Terms of Use available at http://www.netflix.com/TermsOfUse and Netflix’s Privacy Policy available at http://www.netflix.com/PrivacyPolicy.

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