CenturyLink Stream End User License Agreement

BY USING ANY OF OUR SERVICES OR EQUIPMENT, YOU ACKNOWLEDGE AND AGREE TO THIS END USER LICENSE AGREEMENT ("EULA") AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF OUR WEBSITES, APPS AND OTHER SOFTWARE AND TECHNOLOGIES, INCLUDING RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS SET FORTH IN THIS EULA, THEN DO NOT USE ANY OF OUR SERVICES OR EQUIPMENT.

BY ACCESSING AND/OR USING OUR SERVICES OR EQUIPMENT, YOU AND CENTURYLINK ACKNOWLEDGE YOUR UNDERSTANDING OF, AND HEREBY CONFIRM YOUR AGREEMENT TO, BINDING ARBITRATION AND WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION IN CONNECTION WITH ANY DISPUTE WILL BE DETERMINED IN ACCORDANCE WITH THE "DISPUTE RESOLUTION" PROVISIONS SET FORTH IN SECTION 10 OF THE TERMS OF USE.

  1. Acceptance and Acknowledgement

    The Terms of Use incorporate the terms and conditions set forth in this EULA in their entirety, which EULA contains details on your limited rights and license to use certain of our property, including our software, solely in connection with your use of our Services or Equipment. The rights granted under this EULA include any software enhancements, upgrades or other modifications that replace and/or supplement the original products. This EULA is made and agreed to by and between you and CenturyLink and not any other party(ies). BY ACCESSING, DOWNLOADING AND/OR USING ANY SOFTWARE PROVIDED TO YOU BY OR ON BEHALF OF CENTURYLINK IN CONNECTION WITH YOUR USE OF OUR SERVICES OR EQUIPMENT, YOU ACKNOWLEDGE AND AGREE THAT YOU: (1) HAVE READ THIS EULA; (2) UNDERSTAND IT AND THE TERMS AND CONDITIONS SET FORTH HEREIN; (3) ARE BOUND BY SUCH TERMS AND CONDITIONS OF THIS LIMITED END USER LICENSE AGREEMENT; AND (4) MAY RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SOFTWARE. IF YOU DO NOT AGREE TO ANY OF THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DO NOT HAVE A LICENSE TO, AND YOU WILL NOT USE, ANY OF OUR SOFTWARE. CenturyLink reserves the right, at any time and from time to time, in its sole and absolute discretion, with or without notice to you, to change the terms of this EULA. The most current version of this EULA will supersede all previous versions. Your use of any software after changes are made to the EULA means that you agree to be bound by such changes. As such, you should review this EULA periodically.

  2. Certain Rights and Restrictions on Use
    1. Reservation of Rights. Our software and other Services and Equipment contain material that is protected by copyright and other applicable intellectual property laws in the United States, other territories and by international treaty provisions. The software is licensed, not sold or given, to you by CenturyLink for use only under the terms of this EULA and all rights not specifically granted to you herein are reserved to CenturyLink and to any third party with ownership rights in such software, content and documentation used therein. You may not remove any proprietary notice of CenturyLink or any other party from any copy of the software, content or documentation.

    2. No Ownership Rights. You acknowledge and agree you have no ownership rights in any software, content or any Services; and that you have a limited license to use such software and Services, and to view such content only so long as this EULA remains in effect. Ownership of our Services, software and content provided in connection therewith, and all intellectual property rights therein, as between the parties, shall remain at all times with CenturyLink and/or its applicable licensors. Any other use of the software by any other person, business, corporation, government or any other entity is strictly prohibited and is a material violation of this EULA.

    3. Personal Use Only; Limited License. Services, and any content viewed through our Services, are solely for private, personal, non-commercial use and not for use in the operation of a business or service bureau, for profit or for the benefit or any other person or entity. So long as you access and use Services in accordance with the Terms of Use, CenturyLink grants you a limited, personal, non-exclusive, non-transferable, license to access and use certain Services and software and to view the content distributed to you via Services for the sole purpose of privately accessing and viewing such content. Except for the foregoing limited license, no right, title or interest is transferred by CenturyLink to you. You hereby expressly acknowledge and agree to abide by these EULA provisions governing your right to use our Services.

    4. Prohibited Actions. As a condition of the limited rights to access and use the software granted to you in this EULA, except as and only to the extent expressly permitted in this EULA or by applicable law which cannot be waived by this EULA, you MAY NOT:

      1. publish, display, disclose, rent, lease, modify, loan, distribute or create derivative works based on the software or any part thereof;

      2. copy, decompile, reverse engineer, disassemble, translate, adapt or otherwise reduce the software to human readable form;

      3. use the software to obtain unauthorized access to any streaming content, to interfere with the integrity of the functionality of the software to violate any applicable laws;

      4. attempt to access or create the source code from the object code of the software or otherwise from our Services;

      5. transmit or make any software, content or other portion of our Services available over any network where it could be used by multiple computers or unauthorized users at the same time;

      6. make any third-party software contained in the software a standalone product;

      7. take any action that will infringe on the intellectual property or other proprietary rights of CenturyLink or any third party software provider or other licensor;

      8. bypass or breach any security mechanism, device or other protection used for or contained in the software;

      9. remove, delete, efface, alter, obscure, translate, combine, supplement or otherwise change any trademarks, terms, warranties, disclaimers, symbols, notices, marks, serial number or other information or materials in, on or relating to any software;

      10. use the software for purposes of (1) benchmarking or competitive analysis of the software or our Services, (2) developing, using or otherwise providing a competing software product or service to the applicable software or our Services, or (3) any other purpose that is to CenturyLink’s detriment or commercial disadvantage;

      11. sublicense, transfer or assign any rights to the software or other Services;

      12. access, download or otherwise use the software on any device that has been jailbroken or on rooted devices to bypass any security mechanisms implemented by the OS;

      13. access, download or otherwise use the software on any device or other hardware other than Permitted Devices; or

      14. view any content provided by CenturyLink or its suppliers or access CenturyLink Stream anywhere other than within the United States or other location authorized by CenturyLink (“Territory”).

    5. United States Government End Users. The 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 United States Government end users (1) only as Commercial Items and (2) 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.

    6. Effect of Uninstalling Software. If you uninstall our software, then you will no longer be able to use such software to access the Services on the applicable Permitted Device.

  3. Software; Third Party Software and Content
    1. Software Upgrades. CenturyLink may issue you an upgraded version of the software automatically upon an instance of your use of the software and other of our Services or otherwise in connection with your use of any Permitted Device. In certain circumstances, we may require you to consent to an upgrade of the applicable software (“Software Upgrades”) before using, installing or accessing such software. If you decline any of our Software Upgrades, then you may not be able to use or access the software or our other Services, including Subscription Services purchased by you.

    2. Third Party Content. Title and intellectual property rights in and to any content displayed by or accessed through our software belongs to the respective content owner. Such content is protected by copyright or other intellectual property laws and treaties, and is subject to the Terms of Use and our agreement with such third party providing such content. Save your limited right to view certain third party content using the software, neither this EULA, nor any other communication or agreement with us, grants to you any other right, including the right to copy, distribute, prepare derivative works, publicly display, transfer, export, assign, access or other use of such content. You are hereby expressly prohibited from engaging in or facilitating any unauthorized file-sharing of any third-party content, such as the unauthorized posting, making available, uploading, downloading or other distribution of such third-party content.

    3. Third Party Software. There is software contained within our Services and Equipment that has been licensed directly and indirectly to us by third parties. The term “software” as used in this EULA includes such third-party software and our software except where the term software refers expressly to the ownership or other specific rights of CenturyLink. The same terms and conditions, including all limitations and restrictions, set forth in this EULA apply to third party software used in our software and other Services or Equipment.

    4. Prohibited Export. You may not use or otherwise export or re-export the software except as authorized by United States law and the laws of the jurisdiction in which the software was legally obtained and authorized by CenturyLink. In particular, but without limitation, the software may not be exported or re-exported (i) into (or to a national or resident of) any United States embargoed countries or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Department of Commerce Denied Person’s List or Entity List. By using the Services (including our software), you represent and warrant that you are not located in any such country or on any such list.

  4. Consent to Collection, Processing and other Use of Data

    Our software may provide us with limited access to the Permitted Device(s) used by you in connection with our Services. Among other things, the software may provide or enable us to transmit information related to your use of our Services, including programs and content (and portions thereof) viewed, date, timing and length of time spent viewing, information regarding your computer system, such as a unique device identifier, your operating system, existing software, amount of available storage space and internet connectivity, content and campaign information about advertisements selected for delivery to you and your interaction with the software and other activities related to our Services. This information will, among other things, enable CenturyLink to manage rights associated with the content, to help you use the software more effectively, enforce Terms of Use and otherwise help us to enhance and improve the software and our Services. Information obtained by CenturyLink will be treated in accordance with our Privacy Policy, as described in this EULA and in the Terms of Use. By using our Services, you acknowledge and agree to CenturyLink’s access to, collection of such data and information and any subsequent use of such data and information by CenturyLink as further described in our Privacy Policy.

  5. Termination

    This EULA is effective until terminated. Your rights under this EULA are terminable by CenturyLink at any time without notice. Further, this EULA will terminate if CenturyLink finds that you have violated any of the terms of this EULA. No waiver of any breach of any provision of this EULA by CenturyLink shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless it is made in writing and is signed by an authorized representative of CenturyLink. All provisions relating to confidentiality, proprietary rights, and nondisclosure shall survive the termination of this EULA. Upon the termination of this EULA, you shall cease all use of the software and CenturyLink Stream service and destroy all copies, full or partial, of the Software that you may have downloaded hereunder.

  6. Disclaimer of Warranties and Limitations on Liability

    The software is provided "AS IS." The disclaimers of warranties and limitations of liability set forth in the Terms of Use expressly apply to this EULA, the software and the use of the software. We do not warrant that defects in the software will be corrected.