IMPORTANT: BY USING YOUR CINEMOOD (“CINEMOOD DEVICE”), YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS:
- CINEMOOD SOFTWARE LICENSE AGREEMENT
- NOTICES FROM CINEMOOD
- CINEMOOD SOFTWARE
- LICENSE AGREEMENT Single Use License
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING YOUR CINEMOOD DEVICE OR DOWNLOADING THE SOFTWARE UPDATE ACCOMPANYING THIS LICENSE. BY USING YOUR CINEMOOD DEVICE OR DOWNLOADING A SOFTWARE UPDATE, AS APPLICABLE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE CINEMOOD DEVICE OR DOWNLOAD THE SOFTWARE UPDATE.
IF YOU HAVE RECENTLY PURCHASED AN CINEMOOD DEVICE AND YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE CINEMOOD DEVICE WITHIN THE RETURN PERIOD TO THE CINEMOOD STORE OR AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED IT FOR A REFUND, SUBJECT TO CINEMOOD’S RETURN POLICY FOUND AT http://CINEMOOD.com/legal_sales_policies/.
All product and company names are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.
The software (including Boot ROM code, embedded software and third party software), documentation, interfaces, content, fonts and any data that came with your CINEMOOD Device (“Original CINEMOOD Software”), as may be updated or replaced by feature enhancements, software updates or system restore software provided by CINEMOOD (“CINEMOOD Software Updates”), whether in read only memory, on any other media or in any other form (the Original CINEMOOD Software and CINEMOOD Software Updates are collectively referred to as the “CINEMOOD Software”) are licensed, not sold, to you by CINEMOOD TRENDSETTERS Co. (“CINEMOOD”) for use only under the terms of this License. CINEMOOD and its licensors retain ownership of the CINEMOOD Software itself and reserve all rights not expressly granted to you. You agree that the terms of this License will apply to any CINEMOOD-branded app that may be pre-installed on your CINEMOOD Device, unless such app is accompanied by a separate license, in which case you agree that the terms of that license will govern your use of that app.
CINEMOOD, at its discretion, may make available future CINEMOOD Software Updates for your CINEMOOD Device. The CINEMOOD Software Updates, if any, may not necessarily include all existing software features or new features that CINEMOOD releases for newer or other models of CINEMOOD Devices. The terms of this License will govern any CINEMOOD Software Updates provided by CINEMOOD that replace or supplement the Original CINEMOOD Software product, unless such CINEMOOD Software Update is accompanied by a separate license in which case the terms of that license will govern.
2. Permitted License Uses and Restrictions.
(a) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the CINEMOOD Software on a single CINEMOOD-branded CINEMOOD Device. Except as permitted in Section 2(b) below, and unless as provided in a separate agreement between you and CINEMOOD, this License does not allow the CINEMOOD Software to exist on more than one CINEMOOD-branded CINEMOOD Device at a time, and you may not distribute or make the CINEMOOD Software available over a network where it could be used by multiple devices at the same time. This License does not grant you any rights to use CINEMOOD proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications, for use with CINEMOOD Devices. For more information on developing software applications for CINEMOOD Devices, please visit https://blog.dev.cinemood.com/en/
Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to download CINEMOOD Software Updates that may be made available by CINEMOOD for your model of the CINEMOOD Device to update or restore the software on any such CINEMOOD Device that you own or control. This License does not allow you to update or restore any CINEMOOD Device that you do not control or own, and you may not distribute or make the CINEMOOD Software Updates available over a network where they could be used by multiple devices or multiple computers at the same time. If you download an CINEMOOD Software Update to your computer, you may make one copy of the CINEMOOD Software Updates stored on your computer in machine-readable form for backup purposes only, provided that the backup copy must include all copyright or other proprietary notices contained on the original.
To the extent that CINEMOOD has preinstalled apps on your CINEMOOD Device at the time of purchase (“Preinstalled Apps”), you will need to log into the CINEMOOD account and associate these Preinstalled Apps with your CINEMOOD account in order to use them on your CINEMOOD Device. When you associate a Preinstalled App with your CINEMOOD account, you will at the same time be automatically associating all other Preinstalled Apps on your CINEMOOD Device. By choosing to associate the Preinstalled Apps with your CINEMOOD account, you agree that CINEMOOD may transmit, collect, maintain, process and use both the CINEMOOD ID used by your CINEMOOD account and a unique hardware identifier collected from your CINEMOOD Device, as unique account identifiers for the purpose of verifying the eligibility of your request and providing you access to the Preinstalled Apps through the CINEMOOD account. If you do not wish to use a Preinstalled App, you can delete it from your CINEMOOD Device at any time.
You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the CINEMOOD Software or any services provided by the CINEMOOD Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of open-source components that may be included with the CINEMOOD Software).
You agree to use the CINEMOOD Software and the Services in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the CINEMOOD Software and Services. Features of the CINEMOOD Software and the Services may not be available in all languages or regions, some features may vary by region, and some may be restricted or unavailable from your service provider. A Wi-Fi data connection is required for some features of the CINEMOOD Software and Services.
You acknowledge that many features, built-in apps, and Services of the CINEMOOD Software transmit data and could impact charges to your data plan, and that you are responsible for any such charges.
If you choose to allow automatic app updates, your CINEMOOD Device will periodically check with CINEMOOD for updates to the apps on your device and, if one is available, the update will automatically download and install onto your device. You can turn oﬀ the automatic app updates altogether at any time by going to Settings, tap iTunes & App Store, and under Automatic Downloads, turn oﬀ Updates.
Using your CINEMOOD Device in some circumstances can distract you and may cause a dangerous situation (for example, avoid typing a text message while driving a car or using headphones while riding a bicycle). By using your CINEMOOD Device you agree that you are responsible for observing rules that prohibit or restrict the use of mobile phones or headphones (for example, the requirement to use hands-free options for making calls when driving).
You may not rent, lease, lend, sell, redistribute, or sublicense the CINEMOOD Software. You may, however, make a one-time permanent transfer of all of your license rights to the CINEMOOD Software to another party in connection with the transfer of ownership of your CINEMOOD Device, provided that: (a) the transfer must include your CINEMOOD Device and all of the CINEMOOD Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the CINEMOOD Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the CINEMOOD Software reads and agrees to accept the terms and conditions of this License.
4. Consent to Use of Data.
5. Services and Third Party Materials.
The CINEMOOD Software may enable access to CINEMOOD and third party services and web sites (collectively and individually, “Services”). Such Services may not be available in all languages or in all countries. Use of these Services requires Internet access and use of certain Services may require an CINEMOOD ID, may require you to accept additional terms and may be subject to additional fees. By using this software in connection with an CINEMOOD ID, or other CINEMOOD Service, you agree to the applicable terms of service for that Service Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that CINEMOOD is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. CINEMOOD, its oﬃcers, aﬃliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
Neither CINEMOOD nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any Services.
To the extent that you upload any content through the use of the Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of service applicable to the Services. You agree that the Services contain proprietary content, information and material that is owned by CINEMOOD, the site owner or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for the permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or CINEMOOD. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that CINEMOOD is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, oﬀensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
In addition, Services and Third Party Materials that may be accessed, linked to or displayed on the CINEMOOD Device are not available in all languages or in all countries or regions. CINEMOOD makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services and Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. Sharing or syncing photos through your CINEMOOD Device may cause metadata, including photo location data, to be transmitted with the photos. CINEMOOD and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will CINEMOOD be liable for the removal of or disabling of access to any such Services. CINEMOOD may also impose limits on the use of or access to certain Services, in any case, and without notice or liability.
This License is eﬀective until terminated. Your rights under this License will terminate automatically or otherwise cease to be eﬀective without notice from CINEMOOD if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the CINEMOOD Software. This License shall survive any such termination.
7. Disclaimer of Warranties.
If you are a customer who is a consumer (someone who uses the CINEMOOD Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE CINEMOOD SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE CINEMOOD SOFTWARE 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 CINEMOOD SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CINEMOOD AND CINEMOOD’S LICENSORS (COLLECTIVELY REFERRED TO AS “CINEMOOD” FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE CINEMOOD SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
CINEMOOD DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE CINEMOOD SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE CINEMOOD SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE CINEMOOD SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE CINEMOOD SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE CINEMOOD SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS CINEMOOD SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS CINEMOOD PRODUCTS AND SERVICES.
YOU FURTHER ACKNOWLEDGE THAT THE CINEMOOD SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE CINEMOOD SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CINEMOOD OR AN CINEMOOD AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE CINEMOOD SOFTWARE 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.
8. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL CINEMOOD, ITS AFFILIATES, AGENTS OR PRINCIPALS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA (INCLUDING WITHOUT LIMITATION COURSE INSTRUCTIONS, ASSIGNMENTS AND MATERIALS), BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE CINEMOOD SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE CINEMOOD SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF CINEMOOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall CINEMOOD’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 two hundred and fifty dollars (U.S.$250.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You agree that you will not use the CINEMOOD Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
9. Government End Users.
The CINEMOOD Software 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.
10. Controlling Law and Severability.
This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and eﬀect.
11. Complete Agreement; Governing Language
This License constitutes the entire agreement between you and CINEMOOD relating to the CINEMOOD Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by CINEMOOD. Any translation of this License 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 shall govern, to the extent not prohibited by local law in your jurisdiction.
12. Third Party Acknowledgements.
Portions of the CINEMOOD Software may utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the CINEMOOD Software, and your use of such material is governed by their respective terms.
13. Use of MPEG-4; H.264/AVC Notice.
The CINEMOOD Software is licensed under the MPEG-4 Systems Patent Portfolio License for encoding in compliance with the MPEG-4 Systems Standard, except that an additional license and payment of royalties are necessary for encoding in connection with (i) data stored or replicated in physical media which is paid for on a title by title basis and/or (ii) data which is paid for on a title by title basis and is transmitted to an end user for permanent storage and/or use. Such additional license may be obtained from MPEG LA, LLC. Seehttp://mpegla.com for additional details.
The CINEMOOD Software contains MPEG-4 video encoding and/or decoding functionality. The CINEMOOD Software is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and non-commercial use of a consumer for (i) encoding video in compliance with the MPEG-4 Visual Standard (“MPEG-4 Video”) and/or (ii) decoding MPEG-4 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed by MPEG LA to provide MPEG-4 video. No license is granted or shall be implied for any other use. Additional information including that relating to promotional, internal and commercial uses and licensing may be obtained from MPEG LA, LLC. See http://mpegla.com.
The CINEMOOD Software contains AVC encoding and/or decoding functionality, commercial use of H.264/ AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THE CINEMOOD SOFTWARE IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL 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 AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://MPEGLA.COM.
14. How to send a notice of copyright infringement
In you are a copyright owner (or the owner’s authorized agent) and have a good-faith belief that material on our website infringes one of your copyrights, you may notify us using this procedure. In order for us to process your notice of copyright infringement, it must be sent to the agent designated below and must include the information specified below. When we receive a notice under this procedure, we will expeditiously remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.
Please provide us with the following information and send an email to firstname.lastname@example.org:
-An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
-A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located on the Site or Services;
-Your address, telephone number, and email address;
-A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
-A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
NOTICES FROM CINEMOOD
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information by email, mobile short messages, and notifications. You agree that any such notices that we send you electronically will satisfy any legal communication requirements. You may opt out of some of those communications.