Thank you for using Assassin HTPC! By accessing, using, downloading, or visiting any Assassin HTPC “Service(s)”, which includes the Assassin HTPC website, Assassin HTPC software and products, and any other products or materials provided by Assassin HTPC, and its affiliates (together, “Assassin HTPC”), you agree to the terms (“Terms”) listed in this agreement (“Agreement”). Assassin HTPC reserves the right to amend these Terms at any time and without notice. Any revisions to the Terms will be posted on the Assassin HTPC website. By continuing to access or use the Services, you accept any changes or revisions to the Terms.

 

Assassin HTPC Software

A.   Assassin HTPC grants you a personal, non-commercial, worldwide, royalty-free, revocable, non-transferable, non-sublicensable, and non-exclusive license to use the software provided to you by Assassin HTPC as part of the Services (“Software”). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services in the manner permitted by these Terms.

B.   The Software includes certain executable modules that Assassin HTPC has licensed from third party providers (“Third Party Components”) that may be subject to different end user license terms as specified in the license agreement(s) provided with such Third Party Components.

C.   Except as provided in the next section, you may not, or allow anyone else to, directly or indirectly to: (1) copy, modify, distribute, sell, or lease any part of the Software; (2) reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or structure, sequence, and/or organization of all or any part of the Software, unless laws prohibit those restrictions or you have our written permission; (3) rent, lease, or use the Software for timesharing or service bureau purposes; (4) develop any improvement, modification, or derivative works of the Software, or include any portion thereof in any other product, software, work, equipment, or item (except that you may customize and/or modify the Software only as set forth in the documentation or as authorized in any license agreement of Assassin HTPC’s third party licensors and applicable to Third Party Components); or (5) allow the transfer, transmission, export, or re-export of the Software or any portion thereof or any technical data associated with any Software.

D.   Assassin HTPC grants you a personal, non-commercial, worldwide, royalty-free, revocable, non-transferable, non-sublicensable, and non-exclusive license to reproduce the Assassin HTPC Media Software in copies and distribute the copies to others, provided that: you may not charge a fee for the Software, and you may not individually charge for installing it; you may copy, distribute and install the Assassin Software only as others actually need the Assassin Software, and not more than two (2) times per calendar day or more than twenty-five (25) times per calendar month; you may not offer the Assassin Software to the public for downloading on or in connection with any commercial online site, whether or not a fee is charged for the Assassin Software; you shall comply with all other terms and conditions set forth in this document; you agree that Assassin HTPC may revoke or terminate the license granted to you under this paragraph at any time for any reason in its sole discretion. As an example, this section is intended to permit reasonable copying and distribution of the Assassin Software in connection with services such as home theater or home media center installation in which you install the Assassin Software on the computers of your customers as a convenience in connection with other services or products that you are providing to them, and/or in Arch Linux repositories and similar distributions.

E.   You shall maintain and shall not remove nor obscure any proprietary notices on the Software, and shall reproduce such notices exactly on all permitted copies of the Software.

F.    You may reverse engineer the Software solely (1) as permitted by applicable law, or (2) for the purpose of debugging modifications made by you to certain third party files in source code format that are licensed under the GNU Lesser General Public License (LGPL) or under the GNU General Public License version 2 (GPL2) and only provided that you have made, prior to any such reverse engineering permitted under this sentence, unsuccessful prior reasonable good faith efforts to debug such modifications using techniques other than the reverse engineering of the Software.

G.   As between the parties and except as otherwise provided in any license agreement for Third Party Components, Assassin HTPC shall own all title, ownership rights, and intellectual property rights in and to the Software, and any copies or derivative works thereof, except that by downloading the Software, you retain any title that you may own in and to the recording media on which the Software is recorded.

H.   You understand that Assassin HTPC or its licensors may modify or discontinue offering the Services at any time.

I.     You shall not make, or assist others in making, any use of data adapters or similar technologies used by or with the Services that are designed to receive and use data from Assassin HTPC, its third party data providers, and their affiliates and third parties, other than to receive and use such data in accordance with these Terms and your agreement with the third party data providers, and their affiliates and third parties, including without limitation any data passing through the Services or otherwise effectively made available by any Service through an API, a download, a database, or the like.

J.    This Agreement does not entitle you to any support, upgrades, patches, enhancements, or fixes (collectively, “Support”) for the Services. Any such Support for the Services that may be made available by Assassin HTPC, in its sole discretion, shall become part of the Services and will be subject to these Terms.

Data

Data provided by Assassin HTPC or other third party data providers may be delayed or unavailable as specified by Assassin HTPC or such third party data providers. Assassin HTPC does not verify any data provided by Assassin HTPC or other third party data providers and disclaims any obligation to do so. Assassin HTPC, its third party data providers, and each of their affiliates and business partners: (1) expressly disclaim the availability, accuracy, adequacy, or completeness of any data or third party data provider, and (2) shall not be liable for any errors, omissions, or other defects in, unavailability of, delays or interruptions in such data or third party data provider.

Acceptable Use

A.           You may not, or allow anyone else to, use any of the Services to do the following:

i.        Infringe the intellectual property rights, proprietary rights, or rights of publicity or privacy of any third party;

ii.        Violate any law, statute, ordinance, or regulation, or perform any other action that would incur civil liability or constitute a crime;

iii.        Disseminate, transfer or store information or materials in any form or format that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that otherwise violate any law or right of any third party; or

iv.        Disseminate any software viruses or any other computer code, files, programs, or the like that may without limitation interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, violate the security of any computer network, or the like.

B.   If the occurrence of any prohibited use comes to our attention, we reserve the right to disable any accounts associated with prohibited use or otherwise terminate your access to the Services.

Your Content

A.   You continue to retain any ownership rights you have in content you make available via the Services, or otherwise use in conjunction with the Services. However, by using the Services with particular content, for example by using the Services to share particular content or access particular content, you grant to Assassin HTPC (and to each of the third parties with whom we work to provide you with the Services) a worldwide license to reproduce, modify, create derivative works, transmit, publish, publicly perform, publicly display, distribute, and otherwise use the particular content and metadata associated with the content, such as images of you or images otherwise associated with your account. The rights you grant us in this license are only for the limited purpose of providing you with our Services. You may not use the Services in connection with any content for which you do not have the right to grant us this license.

B.   The Services may include features that allow you to share your content with others. Please be careful when choosing to share content with other users; Assassin HTPC is not responsible for how others use your content. Additionally, you hereby grant to any user with whom you share content a non-exclusive license to access the content through the Service, and to use, reproduce in copies, distribute, display and perform the shared content as permitted through the functionality of the Service and under this Agreement. You may not share any content with others via the Services if you do not have the right to grant this license to any user with whom you share the content.

C.   You understand that Assassin HTPC may delete any content that you post in or contribute to a message forum or similar service that Assassin HTPC hosts, in its sole discretion, for any reason.

Content of Others

A.   You acknowledge that all content that you access through use of the Software or other Services is accessed at your own risk, and you will be solely responsible for any damage or liability to any party resulting from such access.

B.   You understand that by using the Services you may encounter content that you may find offensive, indecent, or objectionable. Assassin HTPC does not inspect, screen, or otherwise control the content that is posted, shared or made available via the Services, and Assassin HTPC does not guarantee the accuracy, integrity or quality of such content.

C.   You acknowledge that unauthorized use of copyrighted content of others may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.

Developers and Interfacing Software

A.   “Interfacing Software” means any software that you obtain or provide and that accesses or calls any Software provided by Assassin HTPC as part of the Services including, but not limited to, plug-ins for the Services, channel plug-ins, metadata agents, and client applications that communicate directly or indirectly with the Services.

B.   By making, or assisting others in making, Interfacing Software, you agree to the following terms:

i.        You grant Assassin HTPC and its affiliates worldwide a worldwide, non-exclusive, and royalty-free right and license to use (including testing, hosting and linking to), copy, publicly perform, publicly display, reproduce in copies for distribution, and distribute the copies of any Interfacing Software made by you or with your assistance.

ii.        You will include in the source code of the Interfacing Software a copyright notice of the form: Copyright © <year> <copyright holders>. You grant, and authorize Assassin HTPC to grant on your behalf if necessary, a license, free of charge, to any person obtaining a copy of the Interfacing Software and associated documentation files from Assassin HTPC, to deal in the Interfacing Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Interfacing Software, and to permit persons to whom the Interfacing Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Interfacing Software. THE INTERFACING SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE INTERFACING SOFTWARE.

iii.        You may notify us if you do not wish for Assassin HTPC to use, distribute, copy, publicly perform, publicly display, reproduce in copies for distribution, or distribute copies of any Interfacing Software that was created by you. Assassin HTPC will comply with such a request but Assassin HTPC must be granted a transition period of thirty (30) days after receipt of the request to comply.
A request to take down Interfacing Software must include (1) an identification of the Interfacing Software you wish to be removed; (2) your signature in either electronic or physical form; and (3) the following statements:

i.“I swear under penalty of perjury that I am the owner of the Interfacing Software or I am authorized to act on behalf of the owner of the Interfacing Software.”

ii.        “I swear under penalty of perjury that the information in this notification is accurate.”

iv.        You shall protect the privacy and legal rights of Assassin HTPC users. If the users provide, or the Interfacing Software accesses or uses, user names, passwords, or other login information or personal information, you must make the users aware that such information will be available to the Interfacing Software, and you must provide privacy notices and protection for those users in compliance with applicable law. Further, the Interfacing Software may use that information only for the limited purposes for which the user has given you permission to do so. If the Interfacing Software stores personally identifying information of users or information that a reasonable user would consider to be sensitive, then the Interfacing Software must do so securely and only for as long as it is needed. However, if the user has opted or entered into a separate agreement with you that allows you or the Interfacing Software to store or use personally identifying information of users or information that a reasonable user would consider to be sensitive, then the terms of that separate agreement will govern your use of such information. If the user provides the Interfacing Software with Assassin HTPC account information, the Interfacing Software may only use that information to access the user’s Assassin HTPC account when, and for the limited purposes for which, the user has given you permission to do so.

v.        Prohibited Uses. Assassin HTPC prohibits performing certain actions using the Interfacing Software. You shall not make, or assist others in making, any Interfacing Software that:

1.    Knowingly violates a third party’s terms of service;

2.    Violates any applicable laws or regulations;