BY DOWNLOADING AND/OR USING ANY SOFTWARE AND/OR APPLICATIONS (COLLECTIVELY, "SOFTWARE") PROVIDED TO YOU BY OR ON BEHALF OF ESALT MEDIA TECHNOLOGIES, LLC, WHICH OPERATES PURE FLIX.COM, AND ITS AFFILIATED ENTITIES ("PURE FLIX") IN CONNECTION WITH YOUR USE OF THE PURE FLIX SERVICE, YOU ACKNOWLEDGE AND AGREE THAT (1) YOU HAVE READ THIS END USER LICENSE AGREEMENT ("LICENSE AGREEMENT" or "EULA"); (2) YOU UNDERSTAND IT; (3) YOU ARE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT; AND (4) YOU MAY RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE FOREGOING, YOU AGREE THAT YOU DO NOT HAVE A LICENSE TO, AND YOU WILL NOT USE, THE SOFTWARE.
This License Agreement contains details on your limited right and license to use the Software solely in connection with your use of the Pure Flix service. This License Agreement is between you and Pure Flix and not any other party.
The Software contains material that is protected by copyright and other applicable intellectual property laws in the U.S. and other territories and by international treaty provisions. The Software is licensed, not sold or given, to you by Pure Flix for use only under the terms of this License Agreement and all rights not specifically granted to you herein are reserved to Pure Flix and to any third party with ownership rights in software and documentation used in the Software. You may not remove any proprietary notice of Pure Flix or any other party from any copy of the Software or documentation.
The rights granted under the terms of this License Agreement include any software upgrades that replace and/or supplement the original Software.
Pure Flix reserves the right, from time to time, with or without notice to you, to change the terms of this License Agreement in our sole and absolute discretion. The most current version of this License Agreement will supersede all previous versions. Your use of the Software after changes are made means that you agree to be bound by such changes. As such, you should review the License Agreement periodically.
Pure Flix may issue you an upgraded version of the Software automatically upon an instance of your use of the Software or the Pure Flix service or otherwise in connection with your use of the Pure Flix ready device. Alternatively, Pure Flix may require you to consent to an upgrade to the Software ("Software Upgrades") before using, installing or accessing the Software. If you decline the Software Upgrades, you may not be able to use or access the Software or the Pure Flix service.
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 or authorized by Pure Flix. In particular, but without limitation, the Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list.
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 U.S. Government end users (a) only as Commercial Items and (b) 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.
This License Agreement is effective until terminated. Your rights under this License Agreement are terminable by Pure Flix at any time without notice. Further, this License Agreement will terminate if Pure Flix finds that you have violated any of the terms of this License Agreement. No waiver of any breach of any provision of this License Agreement by Pure Flix 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 Pure Flix. All provisions relating to confidentiality, proprietary rights, and nondisclosure shall survive the termination of this License Agreement.
Your ability to use the Pure Flix service is subject to your system compatibility with our Software as such requirements may change from time to time. Compatibility of system requirements with the Software is your responsibility.
Upon the termination of this License Agreement, you shall cease all use of the Software and Pure Flix service and destroy all copies, full or partial, of the Software that you may have downloaded hereunder.
Any questions, complaints or claims regarding the Software shall be directed to Customer Service.
Last Updated: March 11, 2015