This Brown Broadcasting Service End User License Agreement (“Agreement”) is a binding, contractual agreement between you, as an individual, (“Licensee” or “You”) and Brown Broadcasting Service Inc. (“BBSI”, “Licensor”, “we” or “us”). This Agreement applies solely to Your use of the proprietary BBSI technologies and/or application software, including, without limitation, any documentation supplied therewith (whether in electronic or paper form) (collectively, the “Licensed Technology”), including all enhancements, versions, and modifications to the Licensed Technology. Apple Inc. (“Apple”) is not a party to this Agreement, and BBSI is solely responsible for the Licensed Technology and the content thereof. Both BBSI and You acknowledge that this Agreement is between BBSI and You, and that Apple (and/or any of its subsidiaries) (any of the foregoing, individually or collectively, “Apple”) is not a party to this Agreement. By clicking the button below labeled, “I Accept” or by accessing or using the Licensed Technology, You are indicating Your acceptance and agreeing to all of the terms and conditions of this Agreement. This Agreement incorporates by reference the Apple Media Service Terms and Conditions located at https://www.apple.com/legal/internet-services/itunes/us/terms.html (the “App Store Terms of Service”). If You do not accept and agree to the foregoing terms and to the following terms and conditions, You must click the button below labeled “I Do Not Accept,” in which case, You will not be permitted to access or use the Licensed Technology.
4. REPRESENTATIONS AND WARRANTIES. By using the Licensed Technology, You represent and warrant that (a) Your use of the Licensed Technology does not violate any applicable law, rule or regulation; (b) You have the right to and are able to enter into this Agreement; (c) You will not impersonate any other person or entity or permit third parties to use Your copy of the Licensed Technology, or copy the Licensed Technology; (d) You will not use the Licensed Technology to violate BBSI’ or any third party’s rights including without limitation privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights; (e) You shall comply with all applicable third party agreements when using the Licensed Technology, (including without limitation, Your wireless service agreement and the App Store Terms of Service); and (f) You shall not use the Licensed Technology in any manner that could impair any third party site, app or service in any way or interfere with any third party’s use or enjoyment of any site, app or service.
5. DISCLAIMER. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, THE LICENSED TECHNOLOGY IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE LICENSED TECHNOLOGY RESIDES WITH YOU. LICENSOR AND ITS THIRD-PARTY LICENSORS, SUPPLIERS, AND PARTNERS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE AND/OR QUIET ENJOYMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND DATA ACCURACY. EXCEPT AS OTHERWISE EXPRESSLY STATED BY BBSI, BBSI DOES NOT ENDORSE or support of any of the content streamed or otherwise supplied by or through the Technology, including, without limitation, any referenced or linked information, services, products, or providers, BBSI makes no effort to verify, or to exert any editorial control or influence over any such content, and BBSI expressly disclaims any and all liability and/or responsibility for such content. In the event that the laws of your jurisdiction do not permit the foregoing disclaimer of warranties and there is a defect or error in the Licensed Technology which BBSI does not fix, you may notify Apple, and Apple will refund the purchase price (if any) that you have paid for your license to use the Licensed Technology, and, to the maximum extent permitted by applicable law, neither Apple nor BBSI shall have any other warranty obligation whatsoever with respect to the Licensed Technology. In the event of any third party claim that the Licensed Technology or Your possession and use of that Licensed Technology infringes a third party’s intellectual property rights, BBSI shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, consistent with the terms of this Agreement (including, without limitation, the disclaimers and limitations of liability set forth herein), and, in no event shall Apple be responsible for any such claim.
6. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL BBSI, ITS THIRD-PARTY LICENSORS, CONTENT-PROVIDERS, SUPPLIERS, OR PARTNERS BE LIABLE FOR ANY LOSS OF DATA OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH, OR ARISING OUT OF, THE FURNISHING, PERFORMANCE OR USE OF THE LICENSED TECHNOLOGY, WHETHER ALLEGED AS A BREACH OF CONTRACT, TORTIOUS CONDUCT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY, EVEN IF BBSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE CUMULATIVE LIABILITY (IF ANY) OF BBSI, ITS THIRD-PARTY LICENSORS, CONTENT-PROVIDERS, SUPPLIERS, AND PARTNERS UNDER THIS AGREEMENT FOR DAMAGES OF ANY KIND WILL NOT, IN ANY EVENT AND IN THE AGGREGATE, EXCEED ONE HUNDRED DOLLARS (U.S $100). The limitations of liability and exclusions of damages set forth in this Agreement are an essential basis of the bargain between You and BBSI and shall apply, to the maximum extent permissible by applicable law, even in the event that any other remedy fails of its essential purpose. Consistent with the foregoing, in no event shall Apple be responsible for addressing any claims by You or any third party relating to the Licensed Technology or Your possession and/or use of the Licensed Technology, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Technology fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
7. DATA SECURITY AND THE INTERNET; TRANSMISSION OF DATA/UPDATES. Licensor uses industry-standard efforts and has established reasonable security protocols and procedures to safeguard the confidentiality of the information that You submit in connection with the use of the Licensed Technology, provided, however, that You acknowledge that such information may subject to possible hacking and other disclosure to third-parties due to the nature and lack of complete security of information transmitted over the Internet. . Use of the Licensed Technology may involve the transmission of data over the Internet to BBSI and to and from third parties. For the sake of copy protection, a valid activation might be verified automatically by the Licensed Technology from time to time. If You elect to receive automatic updates, we will push updates to Your iOS Device(s), but we will notify You first.
8. INDEMNITY. Where permitted by law, You agree to indemnify, defend, and hold harmless Licensor and its third-party licensors, and their directors, officers employees and agents (collectively, the “Indemnified Parties”), from and against any and all suits, losses, claims, demands, damages, liabilities, costs and expenses (including, without limitation, attorneys’ fees) that any of the Indemnified Parties may sustain or incur based upon or arising out of (a) Your use of the Licensed Technology other than strictly in accordance with this Agreement, or (b) Your breach of this Agreement, including, without limitation, any of Your representations, warranties or covenants contained herein. 9. TERMINATION. This Agreement will terminate immediately without notice to You if You breach any term or condition herein. In addition, BBSI may terminate this License at any time, for any reason or no reason. If this License terminates, You must stop using the Licensed Technology and delete it from Your iOS Device(s). Upon termination of this Agreement, all license and other rights granted to You under this Agreement will immediately terminate. The following Sections shall survive the termination of this Agreement: Sections 3, 4, 5, 6, 7, 8, 9, and 10.
10. GENERAL PROVISIONS. This Agreement will be governed by the laws of the State of Rhode Island, without regard to, or application of, rules or principles regarding, conflicts of law. You acknowledge that Licensor will have the right to obtain injunctive relief (without the requirement of posting a bond) in the event of a breach or threatened breach by You of this Agreement. If any provision of this Agreement is held to be unenforceable, that provision will be excised from this Agreement to the minimum extent necessary to maintain compliance with applicable law, and the remaining provisions will continue in full force and effect. In the event that Licensor prevails in any proceeding or lawsuit brought by either party in connection with this Agreement, and without limiting any other remedies herein or available under applicable law or in equity, Licensor will be entitled to receive its costs, expert witness fees and reasonable attorneys’ fees. The waiver by Licensor of any breach of any provision of this Agreement shall not be taken or held to be a waiver of the provision itself or preclude Licensor’s right to require such performance at a later time. You may not assign this Agreement or any of Your rights or obligations under this Agreement, in whole or in part or by operation of law or otherwise, without the express prior written consent of Licensor in each instance, and any attempted or purported assignment by You shall be null and void. 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. Apple and its subsidiaries shall be deemed to be express third-party beneficiaries of this Agreement, and upon Your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You, as a third party thereof. This Agreement is the complete and exclusive statement of the agreement between Licensor and You with respect to the subject matter hereof, and supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to such subject matter. If we modify or amend this Agreement, we will post a notice on http://www.wbru.com, and you will see a display of the new agreement on Your iOS Device screen the next time You open or access the Licensed Technology. In such event, You must click to accept the amended agreement before You may continue to use the Licensed Technology. BBSI is constantly evolving its products. This means BBSI may change or discontinue the Licensed Technology (and/or our website and any of our other services) without notice or liability to You. In addition, and without limiting the foregoing, BBSI may decide to charge (or charge more) for the Licensed Technology and/or services that integrate with the Licensed Technology.
I have read the Agreement, and I agree to all of the terms and conditions set forth above.