The SubCaptioner system, any on-line or electronic documentation, videos, graphics and screen text, are the copyrighted work of BroadStream Solutions, Inc. All use of the SubCaptioner system is governed by these terms and conditions. The SubCaptioner system is solely for use by end users in accordance with these terms and conditions. Any use, reproduction or redistribution of the SubCaptioner system, not in accordance with these terms and conditions is expressly prohibited.
1. Right to Use
A user who accepts these terms and conditions is granted, a limited, non-exclusive right to use the SubCaptioner system. This right is not transferable. The right to use of the SubCaptioner system confers no title or ownership in the SubCaptioner system.
The SubCaptioner system contains intellectual property, trade secrets and other proprietary material. Except as permitted by applicable laws, you may not de-compile, reverse engineer, disassemble or otherwise reduce the software contained in the SubCaptioner system to a human-perceivable form.
BroadStream Solutions, Inc. is under no obligation to provide any kind of technical, development or end-user support for the SubCaptioner system or output made by the SubCaptioner system.
4. Disclaimer of Warranty
A user of the SubCaptioner system expressly acknowledges and agrees that use of the SubCaptioner system is at your sole risk. The SubCaptioner system is provided “AS IS” and without warranty of any kind and BroadStream Solutions, Inc., EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE and NON-INFRINGEMENT.
BROADSTREAM SOLUTIONS, INC. DOES NOT WARRANT THAT THE CONTENTS OF THE SUBCAPTIONER SYSTEM WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SYSTEM OR OUTPUT RESULTING THEREFROM WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK AS TO THE USE OF THE SUBCAPTIONER SYSTEM AND THE RESULTS AND PERFORMANCE RESULTING THEREFROM IS ASSUMED BY YOU. FURTHERMORE, BroadStream Solutions, Inc. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAM IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BroadStream Solutions, Inc.’s AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SUBCAPTIONER SYSTEM PROVE DEFECTIVE, YOU (AND NOT BroadStream Solutions, Inc. OR AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
5. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEITHER BROADSTREAM SOLUTIONS, INC. ITS SUBSIDIARIES, AFFILIATES OR LICENSORS SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SUBCAPTIONER SYSTEM INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.
BroadStream Solutions, Inc. and its licensors will not be held responsible for the risks connected with lost profit, damage to property, lost data, loss of goodwill, computer, failure, errors or loss of business or other information as a result of, use or malfunction of the SubCaptioner system, even if it has been advised of the possibility of such loss. BroadStream Solutions, Inc. and its licensors will not be held liable for any damage, injury or loss if caused as a result of your negligence, accident or misuse, or if the SubCaptioner system has been modified in any manner (not by BroadStream Solutions, Inc. or its licensors). The liability of BroadStream Solutions, Inc. and its licensors shall not exceed the actual price paid for the use of the SubCaptioner system.
BroadStream Solutions, Inc., its developer and their licensors do not seek to exclude or limit liability for any death or personal injury arising from their negligence.
A user of the SubCaptioner system expressly acknowledges and agrees to indemnify, defend and hold BroadStream Solutions, Inc. and its licensors, partners, affiliates, contractors, officers, directors, employees and agents harmless from any claims, costs and expenses (including legal expenses) arising directly or indirectly from your acts and omissions to act in using the SubCaptioner system otherwise than in accordance with these terms and conditions.
In no event shall BroadStream Solutions, Inc.’s total liability to you for all damages, losses, and causes of action (whether in contract, tort including negligence or otherwise) exceed the amount paid by you for the use of the SubCaptioner system.
These terms and conditions remain effective until terminated. You may terminate your agreement to these terms and conditions by ceasing your use of the SubCaptioner system. BroadStream Solutions, Inc. may additionally, at its discretion, remove a user from the SubCaptioner system in the event that it becomes aware that a user is failing to comply with the terms and conditions contained herein. Disclaimer of Warranty and Limitation of Liability terms and conditions still apply after a user has ceased to use the SubCaptioner system.
7. Controlling Law and Severability
These terms and conditions are governed by and construed under the laws of the State of Georgia, United States of America. In the event of any conflicts between foreign law, rules, and regulations, and US law, rules, and regulations, US law, rules and regulations shall prevail and govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions or portion thereof, to be unenforceable, that provision of the terms and conditions shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the terms and conditions shall continue in full force and effect.
8. Complete Agreement
This document constitutes the entire agreement between the parties with respect to the use of the SubCaptioner system and any related documentation, information or resources related to the SubCaptioner system, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.