MEDIA MANAGER SOFTWARE LICENSE AGREEMENT
THIS SOFTWARE LICENSE AGREEMENT STATES IMPORTANT REQUIREMENTS REGARDING YOUR USE OF THE VERIZON MEDIA MANAGER SOFTWARE. READ THIS LICENSE CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AND OURS.
BY INDICATING YOUR ACCEPTANCE BELOW (ON THE CLICKBOX BELOW, OR BY CLICKING “NEXT” TO COMPLETE INSTALLATION OF THIS SOFTWARE), YOU AGREE TO BE BOUND BY THIS SOFTWARE LICENSE AGREEMENT.
1. Media Manager Functions
a. The Media Manager Software ("Software") is for your personal, private, noncommercial use only. The Software enables the following (“Features”):
1. if you are a subscriber to Verizon’s FiOS TV Service with a HD Set Top Box or DVR-enabled Set Top Box, you may use the Software to access and view and/or listen to certain local content that is stored on your personal computer (“Local Personal Content”) via your FiOS home network’s connection between your personal computer and your primary Set Top Box enabled television or other compatible audio-visual display ("TV"). See Exhibit A to the Verizon FiOS TV Terms of Service (“FiOS TV Terms”) located at http://www22.verizon.com/terms/ for the specific Verizon company that is providing FiOS TV Service to you. Your use of this function is subject to the FiOS TV Terms, which are incorporated herein by reference.
2. if you have agreed to the FlexView Terms of Service (“FlexView Terms”) located at http://www22.verizon.com/terms/, you may use the Software to preview, purchase, rent and view movies, TV Shows and other premium content (“FlexView Premium Content”) licensed to us by our content licensors (“Licensors”). Your use of this function is subject to the FlexView Terms, which are incorporated herein by reference.
3. if you have agreed to the Media Manager Online Terms of Service (“MMO Terms”) located at http://www22.verizon.com/terms/, you may upload your Local Personal Content files to “cloud” storage that is allocated to you by Verizon, for viewing or enjoyment via the Media Manager’s media player on your PC, compatible mobile devices running Verizon’s Media Manager Online for Mobile software, or via a web interface. Your use of this function is subject to the MMO Terms, which are incorporated herein by reference.
4. you may use the Software to search for and view audiovisual content hosted on and served from the Internet by third party web sites (“Internet Audio/Video Content”).
5. you may use the Software to view information on, and purchase, products or services offered by Verizon (the “Portal Products”) that are also described or available at http://surround.verizon.net/Shop/ (including any successor or replacement website, the “Offered Products Site”). Please review the Offered Products Site to get the latest information on the Portal Products. To the extent that there is any inconsistency between the terms, conditions or product information (with respect to pricing or otherwise) with respect to the Portal Products reflected within Media Manager and that reflected on the Offered Products Site, the terms, conditions or product information reflected on the Offered Products Site shall control.
2. Software License; Restrictions
a. With regard to the Software (including any updates or upgrades that we may make available to you), you are hereby granted a revocable, non-exclusive, non-transferable license by Verizon or its third party licensors, providers or suppliers, to use the Software (including any corrections, updates and upgrades we may provide) only as part of or for use with the Features, and for no other purpose and subject to the following restrictions: (a) you may not make any copies of the Software except for your personal use in connection with the Features, or further distribute the Software, (b) you agree that the Software is the confidential information of Verizon or its third party licensors, providers or suppliers, and contains copyrighted material, trade secrets, patents, and proprietary information owned by Verizon or its third party licensors, providers, or suppliers which you shall not disclose to others or use except as expressly permitted herein, (c) you may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, otherwise reduce the Software to a human readable form, (d) you may not modify, rent, lease, loan, use for commercial timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party, (e) you may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software, (f) you acknowledge that this license is not a sale of intellectual property and that Verizon or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, and (g) the Software may be used in the United States only; any export of the Software is strictly prohibited.
b. The Software may only be used to legally access content from your personal computer and specifically only to access non-copyrighted materials, materials in which you own the copyright, or materials in which you are authorized or legally permitted to access, store, stream, reproduce or perform. The Software may not be used directly or indirectly to copy any Internet Audio/Video Content, or any FlexView Premium Content. Information on reporting Digital Millennium Copyright Act Claims to Verizon can be found below under “Designated Agent for Digital Millennium Copyright Act Claims.” Verizon does not store any Internet Audio/Video Content on its servers; such Internet Audio/Video Content is stored on the servers of the respective third party provider websites as listed below.
c. We shall provide technical assistance and support for the Software in accordance with our then-current support policies. Unless otherwise provided in such policies, Verizon does not provide technical assistance or support for any third party software and technical assistance or support with regard to third party software is solely provided in accordance with such third party's policies or other terms.
d. Your license to use the Software shall remain in full force and effect unless and until terminated by Verizon or its third party licensors, providers or suppliers.
3. Automatic Updates.
We reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. Certain changes to the Software may be performed via an automatic update feature that will periodically (a) connect to Verizon servers over the Internet, (b) use Internet protocols to send to the appropriate Verizon systems certain information about your computer, such as your Internet protocol address, the type of operating system, version of the Software you are using, and (c) automatically download and install, or prompt you to download and/or install, current modifications or updates (“Updates”) for the Software. You will generally be notified of new feature updates to the Software. By installing the Software, you consent to the transmission of your computer information and the automatic downloading and installation of such updates. In addition, the Software may communicate, via remote activation or otherwise, with the companies with which Verizon does business, including, without limitation, Microsoft Corporation (“Technology Suppliers”), with regard to the need for periodic Updates to address security, performance, and other issues. You consent that Verizon and its Suppliers may periodically make such communications remotely and download and install such Updates to the Software stored on your computer without further notice to you and that such Updates shall be incorporated into this Agreement under the definition of Software and thus subject to the same use restrictions.
4. DRM.
Portions of the Software use the Microsoft digital rights management technology for Windows Media licensed by Microsoft Corporation (“WM-DRM”) included with the required version of Windows Media Player installed on your computer, to protect the integrity of certain of the Flexview Premium Content (“DRMed Content”) and to protect the intellectual property rights, including copyrights, of such content. Certain portions of the Software use WM-DRM to play DRMed Content (“WM-DRM Software”). If the WM-DRM Software's security has been compromised, Verizon may request that Microsoft revoke the WM-DRM Software's right to copy, display and/or play DRMed Content. A list of revoked WM-DRM Software is sent to your computer whenever you download a license for DRMed Content from the Internet. Microsoft may, in conjunction with such license, also download revocation lists on your computer on behalf of Verizon. In addition, you may be required to upgrade some of the WM-DRM components distributed with this Software (“WM-DRM Upgrades”) before accessing certain DRMed Content. If you decline the upgrade, you will not be able to access the DRMed Content that requires the WM-DRM Upgrade; however, you will still be able to access unprotected content and DRMed Content that does not require the upgrade.
5. Internet Content:
a. Some of the Internet Audio/Video Content may contain material that is objectionable, unlawful or inaccurate. By providing access to the Internet Audio/Video Content or related links, Verizon does not endorse the Internet Audio/Video Content, such links or the third party web sites where the Internet Audio/Video Content is hosted and served. You agree that Verizon is not responsible or liable to you or any third parties for any Internet Audio/Video Content, links or third party web sites. Before viewing (or allowing any third party in your household to view) Internet Audio/Video Content, you agree that you are solely responsible for reviewing, accepting and complying with each of the terms of service applicable to the providers of Internet Audio/Video Content, located at such providers’ websites as listed below:
www.blip.tv
www.dailymotion.com
www.veoh.com
www.iheartradio.com
www.youtube.com
By using the features of Media Manager that allow viewing of Internet Audio/Video Content hosted and served by these respective providers, you may be accepting any updated terms of service and other policies that the providers of Internet Audio/Video Content have implemented at the time of such use. Verizon reserves the right to discontinue delivery of Internet Audio/Video Content generally at any time, and reserves the right to block any particular Internet Audio/Video Content at any time, without liability to you. You understand and agree that the collection, use and disclosure of data resulting from your access to Internet Audio/Video Content hosted by these third party video providers including, but not limited to, any search queries, location information or other personal information is governed by the privacy policies of such third party video providers. You further understand and agree that Verizon has no control over and will not be responsible for the collection, use and disclosure of data by the providers of Internet Audio/Video Content, or the privacy policies of the providers of Internet Audio/Video Content that govern such collection, use and disclosure. NOT ALL CONTENT CONTAINED ON OR ACCESSIBLE BY YOUR PERSONAL COMPUTER MAY BE APPROPRIATE FOR ALL PERSONS HAVING ACCESS TO YOUR TV, INCLUDING BUT NOT LIMITED TO CHILDREN. YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR REVIEWING CONTENT ON YOUR COMPUTER AND FOR DETERMINING WHICH CONTENT IS SUITABLE FOR ACCESS VIA THE FiOS SET TOP BOX, AND YOU AGREE THAT VERIZON, VERIZON ONLINE LLC AND/OR ANY AFFILIATES OF VERIZON WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES, INJURIES OR OTHER LIABILITY ARISING FROM CONTENT CONTAINED ON YOUR PERSONAL COMPUTER AND ACCESSED ON YOUR TELEVISION.
6. Management of Your Personal Computer
a. System Management and Service Performance. Your use and enjoyment of the Features is subject to additional system/software requirements. You are solely responsible for obtaining, installing, configuring, and maintaining suitable hardware, equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to enjoy the Features and to operate your computer and any applications on it. Verizon shall not be liable if any of the Features become inoperable due to your failure to take the necessary steps to manage your system.
b. Data Management. You are responsible for management of content on your personal computer, including but not limited to back-up and restoration of data and erasing data from disk space you control. Verizon is not responsible for the loss of your data or for the back-up or restoration of your data.
c. Your Security. You are solely responsible for developing and maintaining any security procedures you deem appropriate to protect your data and information on your personal computer, such as logon security and encryption of data, User ID, alias, and firewalls. WE STRONGLY RECOMMEND THE USE (AND APPROPRIATE UPDATING) OF COMMERCIAL ANTI-VIRUS AND FIREWALL SOFTWARE.
7. Disclaimer
a. YOU UNDERSTAND AND AGREE THAT EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT, VERIZON, ANY TECHNOLOGY SUPPLIERS AND/OR ANY AFFILIATES OF VERIZION OR SUCH TECHNOLOGY SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES FOR THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. SOME OF THE SOFTWARE MAY BE RELEASED IN NON-FINAL, BETA VERSION FORM.
b. Verizon's liability for any claim or damages arising in connection with the Software shall not exceed the greater of a refund of the pro-rated charges actually paid by you for the Software or $10.00. IN NO EVENT SHALL VERIZON, ANY TECHNOLOGY SUPPLIERS AND/OR ANY AFFILIATES OF VERIZION OR SUCH TECHNOLOGY SUPPLIERS, BE LIABLE FOR: (A) ANY DIRECT DAMAGES, (B) ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF VERIZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (C) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
c. EXCEPT AS SET FORTH IMMEDIATELY BELOW, THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
8. Indemnification.
You agree to indemnify and hold harmless Verizon, its parents, subsidiaries, affiliates, officers, employees, Technology Suppliers, Licensors and contractors from and against any and all losses, damages, and/or costs, including reasonable attorneys' fees and expenses, that arise from or relate in whole or in part to: (i) any claim that your use of Software, Internet Video Content or FlexView Premium Content infringes or otherwise violates a third party's intellectual property or other rights; or (ii) your violation of this Agreement. Licensors and Technology Suppliers are intended beneficiaries of this Agreement and shall have the right to enforce this Agreement against you.
9. Notice; DMCA Notice
Portions of the software utilize Microsoft Windows Media Technologies. Copyright © 1999-2010 Microsoft Corporation. All Rights Reserved.
Designated Agent for Digital Millennium Copyright Act Claims
Patrick M. Flaherty - Designated Agent for DMCA Notices
Verizon Corporate Resources Group LLC
1320 North Courthouse Road
9th Floor
Arlington, Virginia 22201
Facsimile No.: 703-351-3669
Email address: patrick.m.flaherty@verizon.com
Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. Sec. 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:
1. Signature of copyright owner or person authorized to act on behalf of the owner;
2. Identification of copyrighted work claimed to be infringed;
3. Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address);
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.
Please be aware that there are substantial penalties for false claims.
If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to the service provider’s designated agent. A valid counter notification is a written communication that incorporates the following elements:
1. A physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.
Challenges to claims of infringement must be substantiable in court to withstand the claims by the copyright owner. This information should not be construed as legal advice. We advise that you seek independent legal counsel before filing a DMCA notification or counter-notification.
For further information about the DMCA, please visit the Web site of the U.S. Copyright Office located at:
Please print out a copy of this Software License Agreement for your records. A copy of this Software License Agreement can be found at http://www22.verizon.com/terms/
THIS SOFTWARE LICENSE AGREEMENT STATES IMPORTANT REQUIREMENTS REGARDING YOUR USE OF THE VERIZON MEDIA MANAGER SOFTWARE. READ THIS LICENSE CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AND OURS.
BY INDICATING YOUR ACCEPTANCE BELOW (ON THE CLICKBOX BELOW, OR BY CLICKING “NEXT” TO COMPLETE INSTALLATION OF THIS SOFTWARE), YOU AGREE TO BE BOUND BY THIS SOFTWARE LICENSE AGREEMENT.
1. Media Manager Functions
a. The Media Manager Software ("Software") is for your personal, private, noncommercial use only. The Software enables the following (“Features”):
1. if you are a subscriber to Verizon’s FiOS TV Service with a HD Set Top Box or DVR-enabled Set Top Box, you may use the Software to access and view and/or listen to certain local content that is stored on your personal computer (“Local Personal Content”) via your FiOS home network’s connection between your personal computer and your primary Set Top Box enabled television or other compatible audio-visual display ("TV"). See Exhibit A to the Verizon FiOS TV Terms of Service (“FiOS TV Terms”) located at http://www22.verizon.com/terms/ for the specific Verizon company that is providing FiOS TV Service to you. Your use of this function is subject to the FiOS TV Terms, which are incorporated herein by reference.
2. if you have agreed to the FlexView Terms of Service (“FlexView Terms”) located at http://www22.verizon.com/terms/, you may use the Software to preview, purchase, rent and view movies, TV Shows and other premium content (“FlexView Premium Content”) licensed to us by our content licensors (“Licensors”). Your use of this function is subject to the FlexView Terms, which are incorporated herein by reference.
3. if you have agreed to the Media Manager Online Terms of Service (“MMO Terms”) located at http://www22.verizon.com/terms/, you may upload your Local Personal Content files to “cloud” storage that is allocated to you by Verizon, for viewing or enjoyment via the Media Manager’s media player on your PC, compatible mobile devices running Verizon’s Media Manager Online for Mobile software, or via a web interface. Your use of this function is subject to the MMO Terms, which are incorporated herein by reference.
4. you may use the Software to search for and view audiovisual content hosted on and served from the Internet by third party web sites (“Internet Audio/Video Content”).
5. you may use the Software to view information on, and purchase, products or services offered by Verizon (the “Portal Products”) that are also described or available at http://surround.verizon.net/Shop/ (including any successor or replacement website, the “Offered Products Site”). Please review the Offered Products Site to get the latest information on the Portal Products. To the extent that there is any inconsistency between the terms, conditions or product information (with respect to pricing or otherwise) with respect to the Portal Products reflected within Media Manager and that reflected on the Offered Products Site, the terms, conditions or product information reflected on the Offered Products Site shall control.
2. Software License; Restrictions
a. With regard to the Software (including any updates or upgrades that we may make available to you), you are hereby granted a revocable, non-exclusive, non-transferable license by Verizon or its third party licensors, providers or suppliers, to use the Software (including any corrections, updates and upgrades we may provide) only as part of or for use with the Features, and for no other purpose and subject to the following restrictions: (a) you may not make any copies of the Software except for your personal use in connection with the Features, or further distribute the Software, (b) you agree that the Software is the confidential information of Verizon or its third party licensors, providers or suppliers, and contains copyrighted material, trade secrets, patents, and proprietary information owned by Verizon or its third party licensors, providers, or suppliers which you shall not disclose to others or use except as expressly permitted herein, (c) you may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, otherwise reduce the Software to a human readable form, (d) you may not modify, rent, lease, loan, use for commercial timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party, (e) you may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software, (f) you acknowledge that this license is not a sale of intellectual property and that Verizon or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, and (g) the Software may be used in the United States only; any export of the Software is strictly prohibited.
b. The Software may only be used to legally access content from your personal computer and specifically only to access non-copyrighted materials, materials in which you own the copyright, or materials in which you are authorized or legally permitted to access, store, stream, reproduce or perform. The Software may not be used directly or indirectly to copy any Internet Audio/Video Content, or any FlexView Premium Content. Information on reporting Digital Millennium Copyright Act Claims to Verizon can be found below under “Designated Agent for Digital Millennium Copyright Act Claims.” Verizon does not store any Internet Audio/Video Content on its servers; such Internet Audio/Video Content is stored on the servers of the respective third party provider websites as listed below.
c. We shall provide technical assistance and support for the Software in accordance with our then-current support policies. Unless otherwise provided in such policies, Verizon does not provide technical assistance or support for any third party software and technical assistance or support with regard to third party software is solely provided in accordance with such third party's policies or other terms.
d. Your license to use the Software shall remain in full force and effect unless and until terminated by Verizon or its third party licensors, providers or suppliers.
3. Automatic Updates.
We reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. Certain changes to the Software may be performed via an automatic update feature that will periodically (a) connect to Verizon servers over the Internet, (b) use Internet protocols to send to the appropriate Verizon systems certain information about your computer, such as your Internet protocol address, the type of operating system, version of the Software you are using, and (c) automatically download and install, or prompt you to download and/or install, current modifications or updates (“Updates”) for the Software. You will generally be notified of new feature updates to the Software. By installing the Software, you consent to the transmission of your computer information and the automatic downloading and installation of such updates. In addition, the Software may communicate, via remote activation or otherwise, with the companies with which Verizon does business, including, without limitation, Microsoft Corporation (“Technology Suppliers”), with regard to the need for periodic Updates to address security, performance, and other issues. You consent that Verizon and its Suppliers may periodically make such communications remotely and download and install such Updates to the Software stored on your computer without further notice to you and that such Updates shall be incorporated into this Agreement under the definition of Software and thus subject to the same use restrictions.
4. DRM.
Portions of the Software use the Microsoft digital rights management technology for Windows Media licensed by Microsoft Corporation (“WM-DRM”) included with the required version of Windows Media Player installed on your computer, to protect the integrity of certain of the Flexview Premium Content (“DRMed Content”) and to protect the intellectual property rights, including copyrights, of such content. Certain portions of the Software use WM-DRM to play DRMed Content (“WM-DRM Software”). If the WM-DRM Software's security has been compromised, Verizon may request that Microsoft revoke the WM-DRM Software's right to copy, display and/or play DRMed Content. A list of revoked WM-DRM Software is sent to your computer whenever you download a license for DRMed Content from the Internet. Microsoft may, in conjunction with such license, also download revocation lists on your computer on behalf of Verizon. In addition, you may be required to upgrade some of the WM-DRM components distributed with this Software (“WM-DRM Upgrades”) before accessing certain DRMed Content. If you decline the upgrade, you will not be able to access the DRMed Content that requires the WM-DRM Upgrade; however, you will still be able to access unprotected content and DRMed Content that does not require the upgrade.
5. Internet Content:
a. Some of the Internet Audio/Video Content may contain material that is objectionable, unlawful or inaccurate. By providing access to the Internet Audio/Video Content or related links, Verizon does not endorse the Internet Audio/Video Content, such links or the third party web sites where the Internet Audio/Video Content is hosted and served. You agree that Verizon is not responsible or liable to you or any third parties for any Internet Audio/Video Content, links or third party web sites. Before viewing (or allowing any third party in your household to view) Internet Audio/Video Content, you agree that you are solely responsible for reviewing, accepting and complying with each of the terms of service applicable to the providers of Internet Audio/Video Content, located at such providers’ websites as listed below:
www.blip.tv
www.dailymotion.com
www.veoh.com
www.iheartradio.com
www.youtube.com
By using the features of Media Manager that allow viewing of Internet Audio/Video Content hosted and served by these respective providers, you may be accepting any updated terms of service and other policies that the providers of Internet Audio/Video Content have implemented at the time of such use. Verizon reserves the right to discontinue delivery of Internet Audio/Video Content generally at any time, and reserves the right to block any particular Internet Audio/Video Content at any time, without liability to you. You understand and agree that the collection, use and disclosure of data resulting from your access to Internet Audio/Video Content hosted by these third party video providers including, but not limited to, any search queries, location information or other personal information is governed by the privacy policies of such third party video providers. You further understand and agree that Verizon has no control over and will not be responsible for the collection, use and disclosure of data by the providers of Internet Audio/Video Content, or the privacy policies of the providers of Internet Audio/Video Content that govern such collection, use and disclosure. NOT ALL CONTENT CONTAINED ON OR ACCESSIBLE BY YOUR PERSONAL COMPUTER MAY BE APPROPRIATE FOR ALL PERSONS HAVING ACCESS TO YOUR TV, INCLUDING BUT NOT LIMITED TO CHILDREN. YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR REVIEWING CONTENT ON YOUR COMPUTER AND FOR DETERMINING WHICH CONTENT IS SUITABLE FOR ACCESS VIA THE FiOS SET TOP BOX, AND YOU AGREE THAT VERIZON, VERIZON ONLINE LLC AND/OR ANY AFFILIATES OF VERIZON WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES, INJURIES OR OTHER LIABILITY ARISING FROM CONTENT CONTAINED ON YOUR PERSONAL COMPUTER AND ACCESSED ON YOUR TELEVISION.
6. Management of Your Personal Computer
a. System Management and Service Performance. Your use and enjoyment of the Features is subject to additional system/software requirements. You are solely responsible for obtaining, installing, configuring, and maintaining suitable hardware, equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to enjoy the Features and to operate your computer and any applications on it. Verizon shall not be liable if any of the Features become inoperable due to your failure to take the necessary steps to manage your system.
b. Data Management. You are responsible for management of content on your personal computer, including but not limited to back-up and restoration of data and erasing data from disk space you control. Verizon is not responsible for the loss of your data or for the back-up or restoration of your data.
c. Your Security. You are solely responsible for developing and maintaining any security procedures you deem appropriate to protect your data and information on your personal computer, such as logon security and encryption of data, User ID, alias, and firewalls. WE STRONGLY RECOMMEND THE USE (AND APPROPRIATE UPDATING) OF COMMERCIAL ANTI-VIRUS AND FIREWALL SOFTWARE.
7. Disclaimer
a. YOU UNDERSTAND AND AGREE THAT EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT, VERIZON, ANY TECHNOLOGY SUPPLIERS AND/OR ANY AFFILIATES OF VERIZION OR SUCH TECHNOLOGY SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES FOR THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. SOME OF THE SOFTWARE MAY BE RELEASED IN NON-FINAL, BETA VERSION FORM.
b. Verizon's liability for any claim or damages arising in connection with the Software shall not exceed the greater of a refund of the pro-rated charges actually paid by you for the Software or $10.00. IN NO EVENT SHALL VERIZON, ANY TECHNOLOGY SUPPLIERS AND/OR ANY AFFILIATES OF VERIZION OR SUCH TECHNOLOGY SUPPLIERS, BE LIABLE FOR: (A) ANY DIRECT DAMAGES, (B) ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF VERIZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (C) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
c. EXCEPT AS SET FORTH IMMEDIATELY BELOW, THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
8. Indemnification.
You agree to indemnify and hold harmless Verizon, its parents, subsidiaries, affiliates, officers, employees, Technology Suppliers, Licensors and contractors from and against any and all losses, damages, and/or costs, including reasonable attorneys' fees and expenses, that arise from or relate in whole or in part to: (i) any claim that your use of Software, Internet Video Content or FlexView Premium Content infringes or otherwise violates a third party's intellectual property or other rights; or (ii) your violation of this Agreement. Licensors and Technology Suppliers are intended beneficiaries of this Agreement and shall have the right to enforce this Agreement against you.
9. Notice; DMCA Notice
Portions of the software utilize Microsoft Windows Media Technologies. Copyright © 1999-2010 Microsoft Corporation. All Rights Reserved.
Designated Agent for Digital Millennium Copyright Act Claims
Patrick M. Flaherty - Designated Agent for DMCA Notices
Verizon Corporate Resources Group LLC
1320 North Courthouse Road
9th Floor
Arlington, Virginia 22201
Facsimile No.: 703-351-3669
Email address: patrick.m.flaherty@verizon.com
Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. Sec. 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:
1. Signature of copyright owner or person authorized to act on behalf of the owner;
2. Identification of copyrighted work claimed to be infringed;
3. Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address);
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.
Please be aware that there are substantial penalties for false claims.
If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to the service provider’s designated agent. A valid counter notification is a written communication that incorporates the following elements:
1. A physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.
Challenges to claims of infringement must be substantiable in court to withstand the claims by the copyright owner. This information should not be construed as legal advice. We advise that you seek independent legal counsel before filing a DMCA notification or counter-notification.
For further information about the DMCA, please visit the Web site of the U.S. Copyright Office located at:
Please print out a copy of this Software License Agreement for your records. A copy of this Software License Agreement can be found at http://www22.verizon.com/terms/
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