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Terms and Conditions

SnapStream Beyond TV™ Software Development Kit (SDK)

Thank you for using the SnapStream Beyond TV™ Software Development Kit (SDK). By using this kit (Beyond TV SDK) you agree to be bound by the following terms and conditions (the Terms and Conditions). 

-Use of Beyond TV SDK for Personal and Legitimate Uses Only.

The Beyond TV SDK is provided to registered users of Beyond TV free of charge for personal, non-commercial uses at home or at work only. An individual user may only create one (1) Beyond TV SDK account, and the user must provide accurate identification and contact information during the registration process. Accounts must be registered to an individual and not to a corporation or group. Attempts to create multiple accounts will result in immediate termination of the user’s account(s) and banning of user from the future creation of an account. 

If user wishes to access the Beyond TV SDK via the internet or web from a computer other than the computer with the registered copy of Beyond TV, user must obtain a Beyond TV or Beyond TV Link license for the computer being used to access the computer with the registered copy of Beyond TV.

User may not use the Beyond TV SDK with any competing product or service. Additionally, user may not use the Beyond TV SDK in any manner that either directly or indirectly violates any laws or proprietary rights of the United States as well as in other countries.

If the user wants to use the Beyond TV SDK for any reason other than those expressly provided for in these Terms and Conditions, user must contact SnapStream to obtain permission. If user fails to contact SnapStream to obtain permission, SnapStream reserves the right to pursue legal action.

If you have questions about the Beyond TV SDK, wish to use the Beyond TV SDK for commercial reasons, or have ideas on how to improve the Beyond TV SDK, please contact SnapStream via e-mail (sdk@snapstream.com). By contacting SnapStream, user grants SnapStream the right to use and incorporate any ideas, suggestions, or comments into the Beyond TV SDK without compensation. Such changes or integrations become property of SnapStream.

-Beyond TV and Beyond TV Scheduling Information.

Beyond TV SDK is designed to be used in conjunction with Beyond TV and the Beyond TV scheduling information. Accordingly, use of the Beyond TV SDK is also defined by the Terms and Conditions of Beyond TV and the Beyond TV scheduling information. In the event of a conflict between these Terms and Conditions and the Terms and Conditions of Beyond TV and the Beyond TV scheduling information, these Terms and Conditions shall prevail.

-Intellectual Property.

All inventions, know-how and other intellectual property concerning the Beyond TV SDK, SnapStream's process of providing scheduling information, and the schedule information shall remain the property of SnapStream without limitation.

User agrees not to remove, obscure, or alter SnapStream's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within Beyond TV SDK.

SnapStream does not own rights in third-party components used in the Beyond TV SDK or software developed by user using the Beyond TV SDK.

-Promotional Materials and Use of SnapStream Marks.
User shall not use any trademark, service mark, trade name or logo of SnapStream, unless provided for in these Terms and Conditions, without SnapStream's prior written consent.

User may indicate that the Beyond TV SDK was used in the creation of a product or service; however, SnapStream reserves the right to deny any user the right to indicate that the Beyond TV SDK was used in the creation of a product or service if SnapStream determines that the product or service:              1. violates any applicable law;
2. infringes the rights of any third party; 
3. dilutes, tarnishes, or infringes on SnapStreams trademarks or other intellectual property.

-Disclaimer of Warranties and Limitation of Liability.
SnapStream provides the Beyond TV SDK and scheduling information, as is and without warranty. SnapStream makes no warranty, express or implied, including warranties of merchantability or fitness for a particular purpose. SnapStream makes no assurance of successful schedule information transmission.                     

Neither SnapStream nor any affiliate of SnapStream shall be liable to users, its affiliates, or customers for lost revenues, lost profits, lost data or other special, incidental, direct, indirect, or consequential damages or for loss or damage or other expense directly or indirectly arising from user's or any other party's use or inability to use the Beyond TV SDK or scheduling information or for commercial loss of any kind, and user's sole recourse shall be termination of user's account.                     
No recovery against SnapStream, whether based on warranty, contract, tort (including negligence), strict liability, or otherwise shall be allowed, even if SnapStream has been advised of the possibility of such damages. Some states do not allow exclusion or limitation of incidental or consequential damages, or limitations as to how long an implied warranty lasts, so the above exclusions and limitations may not apply to you. You may have other rights which vary from state to state.

-Indemnification.

User shall indemnify, defend, and hold SnapStream, its officers, directors, agents, partners, and vendors harmless from any damages and costs relating to a claim arising out of user's use of Beyond TV SDK, including, without limitation, reasonable attorneys' fees. 

User shall cooperate as fully as reasonably possible in defense of any such claims. SnapStream reserves the right to assume the exclusive defense and control of any matter subject to indemnification by user at SnapStream's expense.

-Term and Termination.

User may terminate user'ss rights and responsibilities under this Agreement   only by ceasing to use the Beyond TV SDK. Upon termination, user shall immediately   cease incorporating the Beyond TV SDK in any products or services and shall   delete, destroy, and erase any and all components, iterations, versions, parts, or aspects of the Beyond TV SDK from the user's computers or possession. 
SnapStream may terminate this Agreement and the user's account at any time, with or without cause.      

-Severability.

If any one or more of the provisions contained in these Terms and Conditions   shall, for any reason, be held to be invalid, illegal or unenforceable in any   respect, such invalidity, illegality or unenforceability shall not affect any other provision of these Terms and Conditions.

-Controlling Law and Venue.

These Terms and Conditions shall be subject to and shall be interpreted according to the law of the State of Texas, without regard to principles of conflict   of laws. Both parties consent to the exclusive personal jurisdiction of state   and federal courts in Harris County, Texas for any litigation relating to these Terms and Conditions.

-Force Majeure.

 SnapStream shall not be held responsible for any delay or failure in performance   to the extent that such delay and failure is caused by fire, flood, explosion, war, embargo, acts of the government or of civil or military authorities, acts of nature or the public enemy, strikes, satellite failure, general communications failure, transponder failure, or other causes beyond the reasonable control of, and without the fault of, the delaying or defaulting party.

-Entire Agreement.

 These Terms and Conditions contain the entire understanding of the parties and supersedes all prior written or verbal agreements or representations. No change or waiver of any provision of these Terms and Conditions shall be valid unless in writing and signed by a duly authorized SnapStream officer. No employee, agent or representative of either party has authority to bind such party by any oral representation or warranty. SnapStream reserves the right to change the Terms and Conditions at any time and at SnapStream's discretion.