These Terms of Use are effective as of 2016-12-12.
’LiveReplayer’ is a software based live video production tool (hereinafter referred to as the ”Software”) which is supplied by FSM Future Sports Media AB, Swedish organizational no 556741-1797, VAT-registration no SE556741179701, having its principal office at Kungsgatan 6, 1tr, SE-111 43 STOCKHOLM, SWEDEN (”Supplier”).
By installing or using the Software, you, on behalf of your organization (”Customer”), accept these Terms of Use in their entirety. If you do not accept these Terms of Use, the Software may not be installed or used. It is your sole responsibility to ascertain that you have the necessary authority to accept these Terms of Use on behalf of your organization. In the event that it is found that you lack this authority, you may instead become personally liable for fulfilling these Terms of Use, including payment of applicable fees to Supplier. Customer is responsible for making certain that no individuals other than those authorized or appointed by Customer shall use the Software and/or gain access to Customer’s user account, and that all of these individuals are acting upon Customer’s behalf and otherwise in full accordance with these Terms of Use.
Supplier reserves the right to modify these Terms of Use at any time and it is Customer’s responsibility to stay informed about currently applicable Terms of Use. The new, modified version of the Terms of Use will take effect immediately when published by Supplier, however not before the end of any at such time ongoing Customer specific Activation Term or Agreement Term (see section 4). By continuing to use any version of the Software, Customer automatically accepts and approves of all modifications and thus the new version of the Terms of Use in their entirety. If Customer does not agree to the new version of the Terms of Use, all usage of Software by Customer must cease immediately
All Customer usage rights will automatically and immediately cease without prior notice from Supplier in case Customer does not act in full accordance with these Terms of Use.
In certain cases, a separate usage & license agreement (”Agreement”) pertaining to the Software may be effectuated between Supplier and Customer. In such cases, these Terms of Use, in its latest version dated on or before the date of signing the Agreement, shall be considered a mandatory and integral part of the Agreement. Writings and statements made in the Agreement shall always take precedence over those made in these Terms of Use.
Software is ONLY supplied to organizations (legal persons). If you are a private person, and thus not to be considered as an authorized or appointed representative for an organization, you may NOT register a user account, install or use the Software.
Customer may, following acceptance of these Terms of Use, install and use an unlimited number of copies of the Software on an unlimited number of hardware units/computers fulfilling currently specified technical & system requirements.
Supplier does not to Customer grant or transfer any other rights or licenses, explicit or implied, to the Software. Customer may not transfer, distribute, modify, translate, sell, sub license, lend or lease Software to any third party, nor may Customer deconstruct or in any other way try to reveal Software source code, or for own purposes use or take advantage of knowledge derived from Software or Software documentation.
In order to use the Software, Customer is required to first register a user account via Supplier’s web site dedicated to the Software: http://livereplayer.com (”the Web site”), and therein fill in a user profile which is stored at Supplier’s license server. The user account is further used by Supplier to store information specific to Customer, such as, but not limited to, address and contact details, billing information and data pertaining to Customer’s usage of the Software and any other products or services that Supplier may supply from time to time. Through the user account, Customer may also access, and in some cases modify, certain information such as user profile data and billing information.
Per default, the Software is configured for usage in test mode, in which a graphical overlay and/or other means of marking test mode usage will be applied to the Software’s video and/or audio outputs. Usage of Software in test mode is free of charge (no license fees or usage fees charged). Usage of Software for other purposes than testing, such as for public live streams/broadcasts/transmissions or editing & export of highlights packages for public publishing, requires activation of Software’s commercial mode. Such activation is done manually by Customer from within the Software user interface; either via the purchase of a new license or via selection and association of a pre-existing license with the currently used computer. Software will stay active in commercial mode on that same computer for a specified time period (”Activation Term”) as selected by Customer at the time of purchasing the license via the Web site or as separately agreed between Supplier and Customer. A license which has been activated on a certain computer is tied to that specific computer and can not be used at any other computer.
Activation of the Software’s commercial mode automatically means that Customer commits to pay all fees applicable to activating and using the Software in the selected configuration for the selected Activation Term. Supplier may choose to make Software available in one or more different functionality configurations. Information about the scope of each available configuration, as well as applicable fees for activation of each configuration, is published via Supplier’s web site.
All purchases made via the Software or via the Web site will be charged to Customer’s payment/credit card immediately upon purchase via a secure third party payment provider. A new license will not be issued until the corresponding payment has been cleared and confirmed by Supplier’s payment solutions supplier.
Supplier is legally obliged to add Swedish VAT tax to certain purchases, namely all purchases made by customers based in Sweden, as well as all customers based in other EU countries who have not supplied a valid VAT registration number.
Supplier will, as proof of purchase, make available an electronic invoice of each license purchase made via the Software or via the Web site. Invoices are accessible to Customer via Customer’s user account.
No payment/credit card details will be stored by Supplier at Supplier’s servers, but all such data will only be stored securely by Supplier’s chosen secure payment provider(s). It is Customer’s responsibility to ensure that a valid payment/credit card, of such type as accepted by Supplier, is registered on Customer’s user account, and that the card holds enough funds to cover all purchases made. Failure to keep a valid payment card on record will prohibit the purchase of licenses. Supplier accepts no formal responsibility or liability for declined or otherwise failed charges due to any reason not within Supplier’s direct control, including but not limited to e.g. insufficient funds, failures caused by third party payment solution providers, bank limitations and so forth.
If a separate usage & license Agreement has been effectuated between Supplier and Customer, other methods than those described above may be used e.g. for usage tracking, invoicing and payment, and will in applicable cases be specified in the Agreement.
Supplier commits to make available the Software to Customer up until the point in time of expiration of the Activation Term or Agreement Term that is initiated in conjunction with the purchase or activation of a license. Supplier does not commit to supply any other product, service, hardware, software, auxiliary equipment, consulting service or any other service unless otherwise is explicitly stated in the Agreement.
Supplier continuously develops and modifies properties and functionality of the Software and reserves the right to effectuate such changes at any time, including during an ongoing Activation Term or Agreement Term. Modification, addition or subtraction of functionality or other property of the Software during ongoing Activation Term or Agreement Term does not reduce or eliminate Customer’s liability to pay applicable, already incurred, fees, nor does such change constitute grounds for premature termination of the Agreement.
Software is, to the maximum extent permitted by law, supplied to Customer ”AS IS”, without any guarantees, warranties or other pledges made by Supplier pertaining to future availability of certain functionality, whether presently available or not, nor pertaining to Software quality, performance, reliability or availability. However, Supplier continuously strives to maintain the highest possible level of functionality, quality, performance, reliability, availability and user friendliness.
Supplier offers customer support via e-mail and/or via other electronic means (as informed via Supplier’s web site and Customer’s user account) during regular office hours (weekdays, 9AM - 5PM, Central European Time), however without committing to any maximum response time.
Supplier, Supplier’s staff and Supplier’s licensors are, unless in applicable cases otherwise explicitly stated in the Agreement, not liable for any damages whatsoever, neither suffered by Customer nor by any third party, financial or of other nature, including without limitation direct and indirect damages, that may arise as a consequence of Customer’s usage of Software, as a consequence of any Software deficiency, or as a consequence of unavailability of Software, regardless of underlying reason.
In cases where Software is essentially impossible to use, or essentially malfunctioning, due to a major deficiency within the Software itself, i.e. a cause of such type which Supplier has authority and responsibility over, Supplier’s policy is to voluntarily offer Customer a fair compensation. Compensation offered will thus consist of re-imbursement of any pre-paid fees or charges made to Customer’s payment/credit card which are directly related to Software for the time period during which said major deficiency severely impacted Customer’s ability to use Software in the intended way. Customer must make such claim in writing by contacting Supplier’s support department within thirty (30) days of discovering such major deficiency, and include a credible description and evidence of the experienced problem together with time and date when the problem occured. These Terms of Use neither preclude nor limit any Customer rights which are non waivable by law. If any condition or statement in these Terms of Use or in the Agreement is found to be unvalid by law, validity of other conditions and statements in these Terms of Use and in the Agreement shall not be affected.
Unless otherwise declared in a separate Agreement, Customer is solely responsible for installation, configuration, handling and operation of Software. Similarly, Customer is also responsible for supply, configuration, installation, connection to external devices, operation and maintenance etc of any and all hardware units/computers on which Software is to be installed or operated from. This includes, but is not limited to, operational systems and any required third party software running on such hardware, as well as any necessary complementing external hardware (such as for example video & audio capture devices), external software and any other auxiliary equipment and third party services.
All usage and handling of Software is at Customer’s own sole risk, and Supplier accepts no responsibility or liability whatsoever for events or consequences of Customer’s use of, or failure to use, Software, including any to Customer or third party inflicted damage of any kind, whether direct or indirect.
Customer is, without exception, fully responsible for any and all activity and actions taking place within, through, or by the use of, Customer’s user account, including usage of the Software itself. Customer hereby accepts liability to pay Supplier for any and all usage of Software carrying any type of fee, such as licensing fees, subscription plan fees, traffic or data volume fees and so forth as specified at Supplier’s Web Site.
In the event that Customer should violate these Terms of Use, especially with regards to clauses related to usage rights, see section 2, or intellectual property rights, see section 7, Supplier will seek compensation to the fullest extent possible under law.
All intellectual property rights (”IPR”) related to Software, including but not limited to, technical solutions, functions, methods, implementation methods, source code, binary code and documentation is the sole property of Supplier or, in applicable cases, Supplier’s licensors.
All IPR pertaining to content created, managed, distributed or published through Software is the sole property of Customer or, in applicable cases, Customer’s constituent or licensor. Customer also assumes full legal and ethical responsibility for such content, including publishing rights and other IPR related aspects to which Supplier shall bear no responsibility or liability whatsoever.
By accepting these Terms of Use, Customer consents to and grants Supplier permission to store Customer specific information, namely such information which is i) provided by Customer to Supplier to form part of Customer’s user profile associated with Customer’s user account, and/or ii) automatically collected by Supplier during Customer’s usage of Software, including information about used hardware units and 3rd party software installed on such hardware units. All such information will be treated with strict confidentiality and will only be used by Supplier for the purposes of a) providing highly efficient technical and business support to Customer, and b) improving Software functionality, performance and reliability. No such information will ever be shared with any external party.
Customer hereby also consents to receiving information that may be sent out via e-mail by Supplier from time to time, pertaining to Supplier’s product and service offerings, operational information, Software specific information and similar. Customer may at any time inform Supplier that Customer no longer wishes to receive such information and will then without undue delay be removed from one or more applicable distribution lists kept by Supplier.
Unless otherwise explicitly stated by the Agreement, these Terms of Use and the Agreement shall be interpreted according to Swedish law, and any disputes be decided in a public court, with Stockholm District Court as first and only instance.