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Disney Second Screen End User License Agreement (Updated 02/18/11) PLEASE READ THIS END USER LICENSE AGREEMENT (this “License Agreement”) AND LICENSOR’S PRIVACY POLICY CAREFULLY BEFORE USING THIS LICENSED APPLICATION. The term “Licensed Application” means the accompanying software and all incorporated and related content, information and data. By using the Licensed Application, you agree to all terms of this License Agreement. Licensor reserves all rights in and to the Licensed Application not expressly granted to you under this License Agreement. |
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YOU ACKNOWLEDGE THAT In order to enable the audio sync process, THE LICENSED APPLICATION USES YOUR DEVICE’S microphone to momentarily capture brief increments of ambient sounds in your environment, which the App then uses to generate a representative numerical value. Each numerical value is then transmitted to our servers to confirm the title of the movie and your place in its playback. Only the numerical values are transmitted to us and they cannot be converted back into the original sounds. YOU EXPRESSLY AGREE TO THIS PROCESS AND USE AND WILL OBTAIN SIMILAR CONSENT FROM EVERYONE WITHIN RANGE OF THE MICROPHONE. |
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1. Scope of License: The Licensed Application is licensed (not sold) to you by Walt Disney Studios (“Licensor”) for your nonexclusive, personal, nontransferable, noncommercial and non-government use in accordance with the Usage Rules in the Apple App Store Terms of Use. This License is not a “sale” of the Licensed Application and title to the Licensed Application does not transfer to you. You may not use the Licensed Application on any iOS-based device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of Licensor and its licensors. This License Agreement will apply to any upgrades provided by Licensor that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. 2. Consent to Use of Data: You agree that Licensor may collect and use certain data and information (using beacons and other technology), including but not limited to, technical information about your device, system, peripherals and software and behavioral data such as the features you access and the frequency of your game play. This information is gathered periodically to improve Licensor’s products and provide software updates, product support, and other services to you (if any) related to the Licensed Application. 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. Such data will be transmitted by your device through a cellular data connection or wireless connection. Please note that while very nominal, transmission of such data through your cellular data connection will utilize some of your available bandwidth. 3. Termination. This License Agreement is effective until terminated by you or Licensor. Your rights under this License Agreement will automatically terminate without notice if you fail to comply with any term(s) of this License Agreement. Upon termination, you will cease all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application. 4. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("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 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 NONINFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY 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 AND LIMITATIONS MAY NOT APPLY TO YOU. 5. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR, ITS AFFILIATES OR ANY OF THEIR VENDORS, REPRESENTATIVES, LICENSORS OR SERVICE PROVIDERS 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, 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 you be entitled to any damages (other than as may be required by applicable law in cases involving personal injury) in excess of your purchase price for the Licensed Application. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 6. Indemnification. You agree to indemnify and hold Licensor, its Affiliates and the officers, directors, shareholders, agents, employees, assigns, vendors, suppliers and licensors of each (each an “Indemnified Party”), harmless from and against any and all claims, demands, suits, judgments, losses, and expenses of any nature whatsoever (including court costs and attorneys’ fees) arising directly or indirectly, in whole or part, from or out of any breach of your representations, warranties or agreements as set forth herein. This indemnity will survive the termination of this License Agreement. 7. Export Restrictions. You may not use or otherwise export or re-export the Licensed Application except as authorized 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. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons. 8. 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 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 U.S. Government end users (a) only as Commercial Items and (b) 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. 9. Apple’s Rights and Disclaimers. You acknowledge and agree that this License Agreement is solely between you and Licensor and Apple has no obligations under this License Agreement. For clarification: a. Apple and its subsidiaries, are third party beneficiaries of this License Agreement, and that, upon your acceptance of the terms and conditions of this License Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this License Agreement against you as a third party beneficiary thereof. b. Apple has no responsibility for the Licensed Application and included content. c. 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 to you; and that, 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. d. Apple is not responsible for addressing any of your claims or those of any third party relating to the Licensed Application or your possession and/or use of the Licensed Application, including, but not limited to: (i) maintenance and support, (ii) product liability claims; (iii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation. e. 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, Apple will not have any responsibility for the investigation, defense, settlement and discharge of such claim. 10. Governing Law. This License Agreement is governed by the laws of the State of California in the United States unless local jurisdictions invalidate choice of law provisions in which case local law applies. If any provision of this License Agreement is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this License Agreement and shall not affect the validity and enforceability of any remaining provisions. Any translation of this License Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License Agreement shall govern. This is the entire agreement between the parties relating to the subject matter herein. Your use of the Licensed Application may also be subject to other local, state, national, or international laws. 11. Licensor Contact Information. Any questions, complaints or claims pertaining to the Licensed Application should be directed to: Walt Disney Studios 500 S. Buena Vista Street Burbank, CA 91521 Email: Support@MarvelStudiosHelp.com Phone: (800) 723-4763 |