1.
LICENSE: The Application and
accompanying documentation is licensed, not sold or otherwise transferred to
you by Licensor. You are hereby
granted a limited non-transferable, non-exclusive license to use the Application
and the services provided by the Application (“Services”), and any upgrades to
the Application that replace or supplement the Application, on any product or
application that enables access to Amazon’s Alexa, including without
limitation, the Amazon Echo device (“Alexa Enabled Product”) that you own or
control as permitted by the Usage Rules for the purpose of accessing NBCUniversal
Media, LLC content through your Alexa Enabled Product. You may not use the Application on any device
that you do not own or control. You
may not rent, lease, lend, sell, redistribute or sublicense the Application, or
distribute or make the Application available over a network where it could be
used by multiple devices at the same time.
You may not copy the Application other than as expressly permitted by
this License and the Usage Rules, decompile, reverse engineer, disassemble,
attempt to derive the source code of, modify, or create derivative works based
in whole or in part on the Application, or any updates to the Application. You acknowledge that the Services contain
proprietary content, information and material that is protected by copyright
and other applicable intellectual property and other laws, and that you will
not use such proprietary content, information or other materials in any way
whatsoever except for permitted uses of the Services. No portion of the content provided via the
Services may be reproduced in any way except as permitted under this License.
You hereby represent and warrant that (i) you are not located in a country that
is subject to a U.S. Government embargo, or that has been designated by the
U.S. Government as a “terrorist supporting” country; and (ii) you are not
listed on any U.S. Government list of prohibited or restricted parties.
2. SERVICE CONTENT: The Application and Services may enable
access to Licensor’s or third party websites.
Use of the Services may require internet and/or wireless access and that
you accept additional terms of service.
You understand that by using 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. Nevertheless, You agree to use the Services at Your
sole risk and that the Licensor shall not have any liability to You for content
that may be found to be offensive, indecent, or objectionable. The Services may display, include or make available
content, data, information, applications or materials from third parties
(“Third Party Materials”) or provide links to certain third party web sites. By
using the Services, You acknowledge and agree that the Licensor 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. The Licensor does not
warrant or endorse and does not assume and will not have any liability or
responsibility 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.
3. USER
CONTENT: If you post or upload any content to the Services (“User Content”),
you hereby acknowledge and agree that you are granting Licensor (including
without limitation, its licensees, successors and assigns) a worldwide,
royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and
license to use, reproduce, publicly display, publicly perform, modify,
sublicense, and distribute such content, and incorporate it in other works, in
whole or in part, in any manner and any media now known or hereafter developed.
You represent and warrant that you own such content or otherwise have
sufficient rights in the content to grant to Licensor the foregoing license
without infringing or violating the rights of any third party. Without in any
way limiting the foregoing, you acknowledge and agree that Licensor, its
licensees, successors and assigns, shall have the right to sell, license,
assign and otherwise transfer any and all of the rights granted by you to Licensor
under this License, and to display any advertising, publicity, promotional
materials and distribution rights in connection with your User Content. You
acknowledge and agree that Licensor, its licensees, successors and assigns,
will be entitled to retain any and all revenue generated from any sales,
licenses, assignments and other transfers of the rights granted by you
hereunder, as well as any and all revenue generated by the display of any
advertising, publicity, promotional materials or distribution rights in
connection with your User Content. Nothing in this License obligates or may be
deemed to obligate Licensor or any other person or entity to exercise any of
the rights granted by you under this License. You will not receive any
compensation of any kind for your User Content or the use thereof, and you
agree that there is no industry or other custom or practice that will vary the
terms of this License. You agree that Licensor,
its licensees, successors and/or assigns, shall have no obligation to give you
credit for your User Content, but in their sole discretion may elect to do so.
4. TERMINATION: This License is effective until
terminated. It may be terminated at any
time, for any reason, by Licensor, including if Licensor discontinues the
Application in its sole discretion. The
License shall terminate automatically without notice from Licensor if you fail
to comply or breach any terms of the License.
Upon termination of the License, you shall cease all use of the Application,
and destroy any copies of the Application. Licensor will have no responsibility
or liability for maintaining the Application or providing support, including
after this License has terminated.
5. CONSENT
TO USE OF DATA: You acknowledge and
agree that Licensor may collect and use technical data and related
non-personally identifiable information, including but not limited to technical
information about the device, system and application software you use to access
the Application and Services to facilitate the provision of Application
updates, product support related to the Application and Services. Such data may also be used to improve the Application
and Services offered to you. Please
refer the Privacy Policy (http://www.nbcuniversal.com/privacy/full-privacy-policy),
which is incorporated into this License by this reference, for the applicable
terms regarding collection and use of information and data in connection with
the Application and/or Services.
6. WAIVER
OF WARRANTIES AND REPRESENTATIONS: You expressly acknowledge and agree that the
use of the Application is at your sole risk and you bear all risks as to
satisfactory quality, performance, effort and accuracy of the Application. To the maximum extent permitted by
applicable law, the Application, any upgrades and any Services are provided “as
is” and “as available,” with all faults and without warranty of any kind, and
Licensor hereby disclaims all warranties and conditions with respect to the Application
and any Services, either express, implied or statutory, including but not
limited to, implied warranties and/or conditions of merchantability, of
satisfactory quality, of fitness for a particular purpose, of accuracy, of
quiet enjoyment, and non-infringement of third party rights. Licensor does not warrant against
interference with your enjoyment of the Application, that the functions
contained in, or Services performed or provided by, the Application will meet
your requirements, that the operation of the Application or Services will be
uninterrupted or error-free, or that defects in the Application or Services
will be corrected. You acknowledge that
the Application or Services are not intended or suitable for use in situations
or environments where the misuse of, failure of, or errors or inaccuracies in
the content, data or information provided by, the Application or Services could
lead to death, personal injury, or severe physical, property, or environmental
damage. No oral or written information
given by Licensor shall create a warranty.
Should the Application or Services prove defective, you assume the
entire burden or all necessary expenses, servicing, repair, or correction. Some jurisdictions do not allow the
exclusion of implied warranties or limitations on applicable statutory rights
of a consumer, so the above exclusion or limitations may not apply to you. TO
THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AMAZON AND ITS
RESPECTIVE AFFILIATES VENDORS, AGENTS AND SUPPLIERS, AS APPLICABLE, GIVE ANY
WARRANTY, HAVE ANY RESPONSIBILITY OR HAVE ANY LIABILITY WITH RESPECT TO YOUR USE
OF THE APPLICATION, OR ANY CONTENT OR FUNCTIONALITY IN THE APPLICATION, NOR
SHALL THEY BE RESPONSIBLE FOR PROVIDING SUPPORT SERVICES WITH RESPECT TO THE
APPLICATION.
7.
LIMITATION OF LIABILITY: To the extent not prohibited by law, in no
event shall Licensor be liable for accidents, property damage, personal injury,
death, or any incidental, special, indirect or consequential damages
whatsoever, including, without limitation, damages for loss of work, loss of
profits, loss of data, business interruption or any other personal or
commercial damages or losses, arising out of or related to your use or
inability to use Application, however caused, regardless of the theory of
liability (contract, tort or otherwise) and even if Licensor has been advised
of the possibility of such damages.
Some jurisdictions do not allow the limitation of liability for personal
injury, or of incidental or consequential damages, so this limitation may not
apply to you. In no event shall
Licensor’s total liability to you all damages (other than as may be required by
applicable law in cases involving personal injury) exceed the amount of ten
dollars ($10.00). The foregoing
limitations will apply even if above stated remedy fails of its essential
purpose.
8. CHOICE OF
LAW: This License and the use of the Application
and Services shall be subject to and governed by the laws of the State of New
York, excluding its conflicts of law rules.
You agree to ARBITRATE ANY DISPUTES WITH US and to WAIVE JURY TRIAL and
CLASS ACTIONS as more fully set forth at www.nbc.com/terms,
which terms govern the Application as if fully incorporated into this License
(except that if there is a conflict between this License and those terms this
License will govern such conflict). Your use of the Application and Services
may also be subject to other local, state, national, or international laws.