Fancy Flix End-User License Agreement (EULA)
Effective November 1, 2018
BY USING ANY OF OUR SERVICES, YOU ACKNOWLEDGE AND AGREE TO THIS END-USER LICENSE AGREEMENT (“EULA”) AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF OUR WEBSITES, APPS AND OTHER SOFTWARE AND TECHNOLOGIES, INCLUDING RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS SET FORTH IN THIS EULA, THEN DO NOT USE ANY OF OUR SERVICES.
Please note that this EULA includes embedded hyperlinks that may only be accessed through our Websites, and if you are reviewing this EULA through certain applications or other platforms, then you may need to visit www.fancyflix.com in your browser to review any hyperlinked terms incorporated herein.
Acceptance and Acknowledgement
BY ACCESSING, DOWNLOADING AND/OR USING ANY SOFTWARE PROVIDED TO YOU BY OR ON BEHALF OF FANCY FLIX IN CONNECTION WITH YOUR USE OF OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU: (A) HAVE READ THIS EULA; (2) UNDERSTAND IT AND THE TERMS AND CONDITIONS SET FORTH HEREIN; (3) ARE BOUND BY SUCH TERMS AND CONDITIONS OF THIS LIMITED END-USER LICENSE AGREEMENT; AND (4) MAY RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SOFTWARE. IF YOU DO NOT AGREE TO ANY OF THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DO NOT HAVE A LICENSE TO, AND YOU WILL NOT USE, ANY OF OUR SOFTWARE.
Fancy Flix reserves the right, at any time and from time to time, in its sole and absolute discretion, with or without notice to you, to change the terms of this EULA. The most current version of this EULA will supersede all previous versions. Your use of any software after changes are made to the EULA means that you agree to be bound by such changes. As such, you should review this EULA regularly.
Certain Rights and Restrictions on Use
A. Reservation of Rights. Our software and other Services contain material that is protected by copyright and other applicable intellectual property laws in the United States, other territories and by international treaty provisions. The software is licensed, not sold or given, to you by Fancy Flix for use only under the terms of this EULA and all rights not specifically granted to you herein are reserved to Fancy Flix and to any third party with ownership rights in such software, content and documentation used therein. You may not remove any proprietary notice of Fancy Flix or any other party from any copy of the software, content or documentation.
B. No Ownership Rights. You acknowledge and agree you have no ownership rights in any software, content or any Services; and that you have a limited license to use such software and Services, and to view such content only so long as this EULA remains in effect. Ownership of our Services, software and content provided in connection therewith, and all intellectual property rights therein, as between the parties, shall remain at all times with Fancy Flix and/or its applicable licensors. Any other use of the software by any other person, business, corporation, government or any other entity is strictly prohibited and is a material violation of this EULA.
D. Copies of Software. The license grant above includes the right to use documentation accompanying the software for the sole purpose of using 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 Fancy Flix ready devices authorized by Fancy Flix (which number shall be one (1) Fancy Flix ready devices unless otherwise agreed or modified in writing by Fancy Flix); (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 EULA.
E. Prohibited Actions. As a condition of the limited rights to access and use the software granted to you in this EULA, except as and only to the extent expressly permitted in this EULA or by applicable law which cannot be waived by this EULA, you MAY NOT:
i. publish, display, disclose, rent, lease, modify, loan, distribute or create derivative works based on the software or any part thereof;
ii. copy, decompile, reverse engineer, disassemble, translate, adapt or otherwise reduce the software to human readable form;
iii. use the software to obtain unauthorized access to any streaming content, to interfere with the integrity of the functionality of the software to violate any applicable laws;
iv. attempt to access or create the source code from the object code of the software or otherwise from our Services;
v. transmit or make any software, content or other portion of our Services available over any network where it could be used by multiple devices or unauthorized users or Permitted at the same time;
vi. make any third-party software contained in the software a standalone product;
vii. take any action that will infringe on the intellectual property or other proprietary rights of Fancy Flix or any third party software provider or other licensor;
viii. bypass or breach any security mechanism, device or other protection used for or contained in the software;
ix. remove, delete, efface, alter, obscure, translate, combine, supplement or otherwise change any trademarks, term, warranties, disclaimers, symbols, notices, marks, serial number or other information or materials in, on or relating to any software;
x. use the software for purposes of (1) benchmarking or competitive analysis of the software or our Services, (2) developing, using or otherwise providing a competing software product or service to the applicable software or our Services, or (3) any other purpose that is to Fancy Flix’s detriment or commercial disadvantage;
xi. sublicense, transfer or assign any rights to the software or other Services;
xii. access, download or otherwise use the software on any device or other hardware other than Permitted Devices;
xiii. view any content provided by Fancy Flix or its suppliers or access Fancy Flix Services anywhere other than within the United States or location authorized by Fancy Flix (“Territory”); and
xiv. instantly watch content or access or otherwise use our Services outside of the Territory, and Fancy Flix may use geo-blocking and other similar technologies to verify your compliance with restrictions related to your use solely within the Territory.
F. United States Government End Users. The software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through §227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to United States Government end users (1) only as Commercial Items and (1) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
G. Effect of Uninstalling Software. If you uninstall our software, then you will no longer be able to use such software to access the Services on the applicable Permitted Device.
Software; Third Party Software and Content
A. Software Upgrades. Fancy Flix may issue you an upgraded version of the software automatically upon an instance of your use of the software and other of our Services or otherwise in connection with your use of any Permitted Device. In certain circumstances, we may require you to consent to an upgrade of the applicable software (“Software Upgrades”) before using, installing or accessing such software. If you decline any of our Software Upgrades, then you may not be able to use or access the software or our other Services, including Subscription Services purchased by you.
B. System Compatibility. Your ability to use our Services is subject to your and system’s compatibility with our software as such requirements may change from time to time. Compatibility of system requirements with our software is your responsibility. Additional detail related to compatibility of your system can be found at: www.fancyflix.com.
D. Third Party Software. There is software contained within our Services that has been licensed directly and indirectly to us by third parties. The term “software” as used in this EULA includes such third-party software and our software; provided that any provisions related to software that refer expressly to our ownership or other specific rights of Fancy Flix are only as between you and us with respect to such third-party software. The same terms and conditions, including all limitations and restrictions, set forth in this EULA apply to third-party software used in our software and other Services. Certain software programs specified in the licenses referenced in Section 7 (“Software Notices”) below may contain additional grants and/or restrictions. Please review the Software Notices below.
E. Prohibited Export. You may not use or otherwise export or re-export the software except as authorized by United States law and the laws of the jurisdiction in which the software was legally obtained and authorized by Fancy Flix. In particular, but without limitation, the software may not be exported or re-exported (i) into (or to a national or resident of) any United States embargoed countries or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Department of Commerce Denied Person’s List or Entity List. By using the Services (including our software), you represent and warrant that you are not located in any such country or on any such list.
Consent to Collection, Processing and other Use of Data
End User License Agreement
Fancy Flix End-User License Agreement (EULA)