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.
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.
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.
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:
publish, display, disclose, rent, lease, modify, loan, distribute or create derivative works based on the software or any part thereof;
copy, decompile, reverse engineer, disassemble, translate, adapt or otherwise reduce the software to human readable form;
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;
attempt to access or create the source code from the object code of the software or otherwise from our Services;
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;
make any third-party software contained in the software a standalone product;
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;
bypass or breach any security mechanism, device or other protection used for or contained in the software;
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;
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;
sublicense, transfer or assign any rights to the software or other Services;
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;
access, download or otherwise use the software on any device or other hardware other than Permitted Devices; or
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”).
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.
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.
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.
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.
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.
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.