ATVB 4K Streamer Annual Maintenance Agreement
End User License Agreement
Your copy of the Media Software on the ATVB 4K Streamer ("the Media Software Product") is licensed and not sold. This License is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. CTS Global Products USA, Inc. or its subsidiaries, affiliates, and suppliers (collectively "ATVB 4K Streamer") own intellectual property rights in the Media Software Product. The Licensee's ("you" or "your") to use, copy, or change the Media Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").
This Annual Maintenance Agreement entitles the licensee the use of the ATVB 4K Streamer Media Software for the period of one year. The licensee shall be required to pay an Annual Maintenance Fee each year, on or before the anniversary date of their original purchase for each device owned by the licensee. The Annual Maintenance Fee will depend upon the number of licenses held by the licensee at the time of renewal as follows:
1 License - $150.00 annually
2 Licenses - $125.00 Annually for each license
3 Licenses - $108.33 Annually for each license
4 or more Licenses - $87.50 Annually for each license
Licenses paid for prior to the anniversary date should experience no interruption in service.
Licenses that become due and are not paid will be notified via the Media Software Interface and the licensee shall be informed their Annual Maintenance Fee is due and provided a Link to Renew their Annual Maintenance Fee. Once the notification has appeared on the Media Software, an interruption in service will be put in place and the Media Software will be remotely disabled. Once the Annual Maintenance Fee is Paid, the ATVB 4K Streamer Media Software License will be re-activated within 3 business days. Licenses that are re-activated after the Original Purchase anniversary date will expire on the following anniversary of the Original Purchase.
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING AND USING THE ATVB 4K STREAMER AND MEDIA SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL, TRANSFER OR USE THE MEDIA SOFTWARE PRODUCT.
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY PURCHASING AND USING THE ATVB 4K STREAMER. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU SHOULD NOT COMPLETE THIS PURCHASE.
YOUR ACCEPTANCE OF THIS AGREEMENT ACKNOWLEGES I HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS AND I HAVE READ THE PRODUCT WARRANTY LOCATED ON THE ATVB WEBSITE: www.atvbstreaming.com/warranty.
This Agreement entitles you to install and use one copy of the ATVB Streaming Media Software License. This Agreement does not permit the installation or use of multiple copies of the Media Software Product, or the installation of the Media Software Product on more than one device at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of devices that allow multiple users. Multiple use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Media Software Product. For further information regarding multiple copy licensing of the Media Software Product, please contact:
CTS GLOBAL PRODUCTS USA, Inc.
Amazing TV Box
17100 Bear Valley Road
Victorville, CA 92395
Restrictions on Use
You may not use, copy, or install the Media Software Product on any system with more than one device, or permit the use, copying, or installation of the Media Software Product by more than one user or on more than one device. If you hold multiple, validly licensed copies, you may not use, copy, or install the Media Software Product on any system with more than the number of devices permitted by license, or permit the use, copying, or installation by more users, or on more devices than the number permitted by license.
You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Media Software Product.
You may not use the database portion of the Media Software Product in connection with any software other than the Media Software Product.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY ATVB 4K STREAMER, ATVB 4K STREAMER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED ON THE ATVB STREAMING WEBSITE WITH THE ATVB 4K STREAMER AND MEDIA SOFTWARE PRODUCT.
ATVB 4K Streamer makes no warranty that the Media Software Product will meet your requirements or operate under your specific conditions of use. ATVB 4K Streamer makes no warranty that operation of the Media Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE MEDIA SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE MEDIA SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. ATVB 4K STREAMER WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL ATVB 4K STREAMER, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE ATVB 4K STREAMER AND MEDIA SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF ATVB 4K STREAMER OR ANY OTHER PARTY, EVEN IF ATVB 4K STREAMER IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS ATVB 4K STREAMER'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the ATVB 4K STREAMER AND/OR Media Software Product. Selection of whether to correct or replace shall be solely at the discretion of ATVB 4K Streamer. ATVB 4K Streamer reserves the right to substitute a functionally equivalent ATVB 4K Streamer/Media Software Product as a replacement. If ATVB 4K Streamer is unable to provide a replacement or substitute Media Software Product or corrections to the Media Software Product, your sole alternate remedy shall be a refund of the purchase price for the Media Software Product exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by ATVB 4K Streamer to have been caused by you. All limited warranties on the Media Software Product are granted only to you and are non-transferable. You agree to indemnify and hold ATVB 4K Streamer harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of California, without regard to California's conflict or choice of law provisions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.