END USER LICENSE AGREEMENT
When you purchase a subscription to Boss Video Player (the "Service"), you are entering a legally binding End User License Agreement ("Agreement") with Epikta LLC ("Boss Video Player," "Licensor," "we," "us," or "our"). You are only purchasing a limited license to use the Services. The Services are protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. You and your subsidiaries, affiliates, and suppliers (collectively "You," the "Licensee," or "Your") do not have any intellectual property rights in the Services. Your license to use the Services is subject to these rights and to all the terms and conditions of this Agreement.
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" OPTION AND PURCHASING A SUBSCRIPTION AND/OR USING THE SERVICES. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO USE THE SERVICES. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST USE THE SERVICES.
The Services including content, documentation and software owned by Boss Video Player and/or its suppliers or licensors (the "Content"). When you purchase a subscription to the Services, we grant you, for the term of your subscription, a revocable, non-transferrable, non-exclusive, limited license to use the Services, without the right to sub-license. You acknowledge and agree that the Services are provided under license and that you are not acquiring any ownership interest in the Services and that Boss Video Player reserves and shall retain all right, title, and interest in and to the Services. All rights not specifically granted in this Agreement are reserved by us.
Without first obtaining our express written consent, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Services. You may not, or permit any third party, to use the Services. You may not copy (except as permitted by this Agreement), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services.
Collection and Use of Information
Term and Termination
Disclaimer of Warranties
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY BOSS VIDEO PLAYER, WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
We make no warranty that the Services will meet your requirements or operate under your specific conditions of use. We make no warranty that operation of the Services will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SERVICES SUFFICIENTLY MEET YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SERVICES TO MEET YOUR REQUIREMENTS. YOU WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL 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 OF OR INABILITY TO USE THE SERVICES, 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 our 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 ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Licenses Granted by You
You own all right, title and interest in and to any content that you submit and publish on the Boss Video Player platform. You hereby grant Boss Video Player a royalty-free, fully paid-up, irrevocable, worldwide license to use your content as necessary to provide the Services to you. You are responsible for all such content, and you represent and warrant you have all rights necessary to grant the rights in such content set forth in this Agreement. This license shall continue until you remove your videos from the Boss Video Player platform, in which case the license will terminate within a commercially reasonable period of time.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of California, without regard to California's conflict or choice of law provisions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.