End User License Agreement
This End User License Agreement (the “EULA”) is a binding contract between you, an individual end user (“You”), and The Software Support LLC, a Florida limited liability company with mailing address in the State of Florida, United States of America (“NodeTV”, “Licensor”, “we”, “us”). It governs your use of the NodeTV mobile application (the “Licensed Application”) made available to you through the Apple App Store, Google Play, or any other authorised distribution channel.
BY DOWNLOADING, INSTALLING, OR USING THE LICENSED APPLICATION YOU AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE, DO NOT USE THE LICENSED APPLICATION.
1. Scope of Licence
The Licensor grants You a non-transferable licence to use the Licensed Application on any Apple-branded or Android products that You own or control, in accordance with the Usage Rules of the App Store Terms of Service or Google Play Terms of Service (as applicable) and this EULA. The Licensed Application may be accessed and used by other accounts associated with You via Family Sharing or volume purchasing where permitted by the relevant platform.
2. Permitted Use
- You may install the Licensed Application on devices that You own or control and use it for personal, non-commercial purposes.
- You may not rent, lease, lend, sell, redistribute, or sublicense the Licensed Application.
- You may not copy (except as expressly permitted by this EULA), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, except to the extent that such restrictions are prohibited by applicable law.
- Any reproduction of the Licensed Application that You are permitted to make must reproduce all proprietary notices.
3. Consent to Use of Data
You agree that the Licensor may collect and use technical data and related information — including but not limited to technical information about Your device, system, and application software — that is gathered periodically to facilitate the provision of software updates, product support, and other services. The Licensor may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You. Detailed information about what we collect, how, and why is in our Privacy Policy.
4. Termination
This EULA is effective until terminated by You or the Licensor. Your rights under this EULA will terminate automatically without notice from the Licensor if You fail to comply with any term(s) of this EULA. Upon termination of the EULA You must cease all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application.
5. External Services
The Licensed Application may enable access to the Licensor’s and/or third-party services and websites (collectively “External Services”) — for example, the live streams provided by named broadcasters and the analytics services described in our Privacy Policy. You agree to use the External Services at Your sole risk. The Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, broadcaster programming, and live news information, is for general informational purposes only and is not guaranteed by the Licensor or its agents.
6. NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
7. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED. IN NO EVENT SHALL THE LICENSOR’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 FIFTY DOLLARS (USD $50.00).
8. Export Compliance
You may not use or otherwise export or re-export the Licensed Application except as authorised by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application You represent and warrant that You are not located in any such country or on any such list.
9. Commercial Items
The Licensed Application 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 the foregoing, the Licensed Application is being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
10. Governing Law
This EULA is governed by the laws of the State of Florida, USA, excluding its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
11. Apple-Specific Terms (iOS Users)
If You acquired the Licensed Application from the Apple App Store, the following additional terms apply:
- This EULA is concluded between You and the Licensor only, and not with Apple Inc. (“Apple”). The Licensor, not Apple, is solely responsible for the Licensed Application and the content thereof.
- The licence granted to You for the Licensed Application is limited to a non-transferable licence to use the Licensed Application on any Apple-branded products that You own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
- Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
- In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Licensed Application (if any) to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Licensor.
- The Licensor, not Apple, is responsible for addressing any claims by You or any third party relating to the Licensed Application or Your possession and/or use of the Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer-protection, privacy, or similar legislation, including in connection with the Licensed Application’s use of any HealthKit and HomeKit frameworks.
- In the event of any third-party claim that the Licensed Application or Your possession and use of the Licensed Application infringes that third party’s intellectual property rights, the Licensor will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual-property infringement claim.
- You must comply with applicable third-party terms of agreement when using the Licensed Application.
- Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA, and upon Your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against You as a third-party beneficiary thereof.
12. Contact
The Software Support LLC
Florida, United States of America
Email: info@nodetvapp.com