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GOVERNING YOUR USE OF THE 8M SMART TV PLAYER (“8M PRODUCT”), THE SOFTWARE
INSTALLED ON THE 8M PRODUCT (“SOFTWARE”) AND RELATED DOCUMENTATION. IF YOU
(1) POWER UP YOUR 8M PRODUCT FOR THE VERY FIRST TIME (2) OTHERWISE USE THE
8M PRODUCT, YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTOOD, AND
AGREE TO BE BOUND BY, THE TERMS OF THIS AGREEMENT.
Third Party Notices -
Some of the technology used in the 8M Product is subject to third
party licenses also.
THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE
PERSONAL AND NONCOMMERCIAL USE OF A CONSUMER TO (I) ENCODE VIDEO IN
COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (II) DECODE AVC VIDEO
THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL
ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC
VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE.
ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE
WWW.MPEGLA.COM.
License
Subject to the terms of this Agreement, 8M grants you a nonexclusive, nontransferable
license to run the software provided with the 8M Product and any updated versions provided
by 8M (“Software”) only on and as incorporated in the 8M Product. This is a license and not a
sale. You shall not –
(i)
copy or distribute, sublicense, lease, rent or otherwise transfer the Software to any
third party except with and incorporated in the 8M Product, and then not for value;
(ii)
modify, adapt, alter, translate, or create derivative works of the Software except to
the extent 8M may, in certain jurisdictions, be required by law to permit reverse engineering
and provided that the provisions of such law may not be waived or conditioned on prior
request for information regarding interoperability;
(iii)
decompile, disassemble, reverse engineer or otherwise derive source code, or
attempt to derive sourcecode, from the Software; or
(iv)
have any of the foregoing done for you by a third party. The Software and all
intellectual property rights therein, are the exclusive property of 8M or its suppliers. 8M
reserves the right to update the Software at any time, at its sole discretion, including adding,
changing or removing functionalities and features, including but not limited to changing the
user interface. All rights in and to the Software not expressly granted to you in this
Agreement are reserved by 8M.
Privacy
Our privacy policy explains our policies regarding the collection, use, and disclosure of
personally identifiable and anonymous information. Such policy may be accessed through
our website at www.8mworks.com/privacy and may be modified by 8M at any time for any
reason. 8M collects and uses anonymous information that is not personally identifiable to you.
Once you register the 8M Product, we will also collect and use personally identifiable
information that you provide as part of the registration such as your name, address, email
address, and phone information. We may also collect and use certain anonymous and
personally identifiable information, as applicable, regarding the 8M Product including, but not
limited to, billing records, maintenance and repair records, marketing information, and
customer feedback. On behalf of your Service Provider, we may also collect certain
information regarding your usage of the 8M Product in connection with a video on demand
service (the “Service Provider Information”), which we will provide to your Service Provider.
