END USER LICENSE AGREEMENT
This End User License Agreement constitutes a legal agreement (the "Agreement") between you and TWENTIETH CENTURY FOX FILM CORPORATION and related entities (collectively, "Fox") stating the terms that govern your use of the digital copy ("Copy") of Fox's motion picture (which may be a film, television episode(s) or other such content) and any and all elements thereof, including video, audio, music, images, artwork, text, software and other copyrightable materials embodied therein (collectively, "Content") included on your disc. PLEASE READ THE ENTIRE AGREEMENT CAREFULLY. You must accept and abide by the terms of this Agreement as presented in order to access and use your Copy. Changes, deletions and counter-offers to this Agreement will not be accepted. By entering the serial code (included with your disc) and accessing the Copy, you fully and irrevocably accept and agree to be bound by this Agreement.
LICENSE TERMS AND RESTRICTIONS.
Fox grants you a limited, non-exclusive, non-transferable, non-assignable, revocable and non-sublicenseable license under copyright laws to create a Copy of the Content, transfer the Copy you have licensed to Authorized Devices, and to view, use, display and store such Copy only for personal, non-commercial use on Authorized Devices, subject to and in accordance with the terms of this Agreement. "Authorized Devices" consist of, at most, one (1) personal computer or laptop and (1) portable media player, each that meet the applicable System Requirements.
You may not sell, re-sell, re-distribute, sublicense or otherwise transfer your license. Except only for the rights expressly granted to you in this Agreement, all rights in and to the Copy and Content are reserved by Fox and/or the respective owners of such Content (as applicable). Any other copying, access, transfer or use of the Copy or Content other than as expressly permitted in this Agreement shall constitute an act of copyright infringement and a breach of this Agreement. Furthermore, Fox may, in its sole discretion, terminate your license to the Copy and/or any pursue any other available rights or remedies at law or in equity for a violation of this Agreement or such copyright infringement.
Any capabilities to transfer, export and/or store the Copy as permitted hereunder are solely an accommodation to you and shall not constitute a grant or waiver of any rights of Fox (or any other copyright owners, as applicable)
You understand that the Copy may include Content that may be deemed offensive, indecent, or objectionable, which Content may or may not be identified as having explicit language or content. Nevertheless, you agree to access, transfer and/or use the Copy at your sole risk and that Fox shall have no liability to you for Content that may be found to be offensive, indecent, or objectionable.
In order to access and use the Copy, an Authorized Device must meet the applicable "System Requirements" as follows: (a) a personal computer or laptop must have a DVD-ROM drive and run Microsoft Windows XP or Vista operating systems and Microsoft Windows Media Player 10 and above. (b) A portable media player must be Windows PlaysForSure™ compatible and have video playback support of files at least 768 Kbps. (c) A working internet connection is required for serial code verification.
In addition to any other restrictions and limitations contained in this Agreement:
Your access, transfer, viewing and any other permitted use of the Copy is conditioned upon your acceptance of the terms of this Agreement.
You are only authorized to use the Copy for personal, non-commercial use.
In order to access, transfer and use the Copy, you may be required to have certain hardware and/or software, which are your sole responsibility.
You are required to use the serial code included with your disc in order to access the Copy. The serial code you enter will be verified. Once the serial code has been entered and accepted, it cannot be used again. If the serial code is determined to be invalid (for example, if it has already been used or was not issued by Fox), you will not be able to access the Copy.
There is a redemption period during which you will be able to access the Copy using the serial code included with your disc. To access the Copy, you must use the serial code within twelve (12) months after the Release Date of the DVD which included the Copy. The "Release Date" is the date a DVD is first made available for purchase by consumers. After such 12-month period, the serial code will expire and you will not be able to use it to access the Copy.
You are authorized to transfer your Copy to, and store your copy on, up to two Authorized Devices: one (1) personal computer and one (1) portable media player.
You do not have any commercial or promotional use rights in the Copy or Content.
You acknowledge that certain aspects of the Copy require administration from Fox. Accordingly, in the event that Fox changes or discontinues any part of such administration, you acknowledge that you may no longer be able to use the Copy to the same extent as prior to such change or discontinuance, and that Fox shall have no liability to you in such case.
The Copy is only available in the country from which you lawfully obtained a valid and authorized version of the Copy ("Your Country"), and is not available in any other location. You agree not to access or use, or attempt to access or use, the Copy from outside of Your Country, and that Fox may use technology to verify your compliance and/or disable access from an unauthorized location.
Acknowledgement of Ownership. You agree that the Copy and Content, including but not limited to video, audio, music, graphics, images, software and text contains proprietary information and material that is owned by Fox and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except as permitted by and in compliance with the terms of this Agreement. No portion of the Copy or Content may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Copy or Content, in any manner, and you shall not exploit the Copy or Content in any unauthorized way whatsoever.
Removal of Fox Content or Other Materials. Notwithstanding any other provision of this Agreement, Fox and its licensors reserve the right to change, suspend, remove, or disable access to the Copy, Content, or other materials at any time without notice. In no event will Fox be liable for the removal of or disabling of access to the Copy, Content or materials under this Agreement. Fox may also impose limits on the use of or access to certain features or portions of the Copy, in any case and without notice or liability.
Copyrights. All copyrights in and to the Copy and Content are owned by Fox and/or its licensors, who reserve all of their rights in law and equity. THE USE OF THE COPY, CONTENT OR ANY PART OF THEREOF, INCLUDING SOFTWARE, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Trademarks. 20th Century Fox, 20th Century Fox Film Corporation, 20th Century Home Entertainment and other Fox trademarks, service marks, graphics, and logos used in connection with the Copy and Content are trademarks or registered trademarks of Fox in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Copy and Content may be the trademarks of Fox or their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
GENERAL COMPLIANCE WITH LAWS.
You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations of Your Country that apply to any use of the Copy by you.
ENFORCEMENT OF THESE TERMS.
Fox reserves the right to takes steps Fox believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited a third party claim that your use of the Copy is unlawful and/or infringes such third party's rights). You agree that Fox has the right, without liability to you, to disclose any information to law enforcement authorities, government officials, and/or a third party, as Fox believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS.
FOX DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR ACCESS, TRANSFER, STORAGE AND/OR USE OF THE COPY WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME FOX MAY DISCONTINUE OR SUSPEND ACCESS TO THE COPY WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE COPY IS AT YOUR SOLE RISK. THE COPY IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL FOX, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR ACCESS, TRANSFER, STORAGE, PLAY OR USE OF THE COPY OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE COPY, INCLUDING, BUT NOT LIMITED TO, CONTENT (INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT), OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE ACCESS, TRANSFER, STORAGE, PLAY OR OTHER USE OF COPY, EVEN IF ADVISED OF THEIR POSSIBILITY. THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OR OTHER FAULT OF FOX, ITS PARENT COMPANY, AFFILIATES, SUPPLIERS OR LICENSORS AND REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. BECAUSE SOME STATES, JURISDICTIONS OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, JURISDICTIONS OR COUNTRIES, FOX'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
FOX SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU (IF ANY) IN CONNECTION WITH THE COPY, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND FOX HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
FOX DOES NOT REPRESENT OR GUARANTEE THAT THE COPY OR CONTENT WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND FOX DISCLAIMS ANY LIABILITY RELATING THERETO.
INDEMNITY. YOU AGREE TO INDEMNIFY AND HOLD FOX, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT. THIS INDEMNITY PROVISION APPLIES TO ANY VIOLATION DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Fox reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions with respect to the Copy. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Copy will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
The laws of Your Country govern this Agreement and your use of the Copy, including the local and state laws of the region located nearest the corporate offices of the Fox entity based in Your Country. Your use of the Copy may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Fox or relating in any way to the Copy resides in the courts located nearest the corporate offices of the Fox entity based in Your Country.
This Agreement constitutes the entire agreement between you and Fox and governs your use of the Copy, superseding any prior agreements between you and Fox. You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Fox's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Fox will not be responsible for failures to fulfill any obligations due to causes beyond its control.