NexGen Media Player EULA
End User License Agreement
(September 1st, 2013)
NOTICE TO USER: THIS END USER LICENSE AGREEMENT (“EULA” or “AGREEMENT”) APPLIES WITH RESPECT TO SOFTWARE APPLICATIONS AND DIGITAL CONTENT OWNED AND PROVIDED BY NEXGEN MEDIA PLAYER, ITS PARENT COMPANY, AND ITS SUBSIDIARIES AND AFFILIATES (REFERRED TO IN THIS AGREEMENT AS “WE” OR “NEXGEN MEDIA PLAYER”). THIS AGREEMENT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF ANY NEXGEN MEDIA PLAYER OR RELATED ENTITIES’ SOFTWARE (DEFINED IN SECTION 1 BELOW), BUT SHALL NOT GOVERN YOUR USE OF ANY OTHER SOFTWARE. PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING “ACCEPT,” “FINISH,” “CONTINUE” OR A SIMILAR ACKNOWLEDGMENT BELOW, OR BY USING ALL OR ANY PORTION OF THE NEXGEN MEDIA PLAYER, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE NEXGEN MEDIA PLAYER.
Special Notice for Non-English Speakers:
Special Notice for Residents of the State of Alaska, USA:
The NexGen Media Player may be prohibited by Alaska law. Therefore, by installing or using the NexGen Media Player, you represent and warrant that your computer is not located in the state of Alaska. To the extent that our systems are able to recognize that your computer is located in the state of Alaska, we will not enable you to install the NexGen Media Player.
Notice for All Users:
By installing the NexGen Media Player, you get free access to the NexGen Media Player application. The NexGen Media Player will show you a limited number of ads. The ads are based on keywords from the websites you visit. Please note that you may receive Adult-oriented ads if you utilize keywords connected to, search for or view Adult websites. See Section 7.2 below for more details. Once installed and running, you can uninstall it at any time by uninstalling NexGen Media Player using the Add or Remove Programs feature of Microsoft Windows.
“NexGen Media Player” means (a) the software (as described in Section 7), or any other software or digital content owned and provided by NexGen Media Player, that accompanies this Agreement; and (b) any bug fixes, upgrades, modified versions or updates to the NexGen Media Player (collectively referred to as “Updates”) that we subsequently provide to you. “Use,” “Used” or “Using” means to access, install, download, copy or benefit from utilizing the functionality of the NexGen Media Player.
2. Owner of Computer; All Users Bound; Software License.
You represent and warrant either that you are the owner of the computer and that you have authorized the download and installation of the NexGen Media Player or that the owner of the computer has authorized you to do so. You agree, with respect to all users of the computer on which you have caused the NexGen Media Player to reside, to provide a copy of this Agreement and to obtain their consent to the terms and conditions of this Agreement before allowing them to Use the NexGen Media Player. Alternatively, if you have the legal right to accept this Agreement on behalf of one or more users of the computer on which you have caused or authorized the NexGen Media Player to reside, then you hereby accept this Agreement on behalf of all such other users. You understand that the presence of the NexGen Media Player on any computer is voluntary and that you may remove it at any time. As long as you comply with, and subject to, the terms of this Agreement, NexGen Media Player grants to you a non-exclusive, revocable license to Use the NexGen Media Player, in binary executable form only, solely for the purposes described in this Agreement.
3. Age Limitation.
You must be at least 18 years of age to Use the NexGen Media Player. By accepting the terms of this Agreement and Using the NexGen Media Player, you represent that you are over the age of 18.
You will: (a) not reverse engineer, disassemble or decompile the NexGen Media Player or attempt to discover or recreate the source code to the NexGen Media Player, except as otherwise required by applicable law, (b) comply with all applicable laws, including U.S. export control laws, in your Use of the NexGen Media Player, (c) not make any modification, adaptation, improvement, enhancement, translation or derivative work of or to the NexGen Media Player, (d) not remove, alter or obscure any proprietary notices (including copyright notices) of NexGen Media Player or its licensors in the NexGen Media Player, (e) not Use the NexGen Media Player for purposes for which it is not designed, and (f) only Use the NexGen Media Player for personal, non-commercial use.
5. Intellectual Property Rights.
The NexGen Media Player is the intellectual property of, and owned by NexGen Media Player and its licensors and suppliers. The structure, organization and code of the NexGen Media Player are the valuable trade secrets and confidential information of NexGen Media Player and its licensors and suppliers. The NexGen Media Player is protected by state, federal and international copyright protections, including without limitation by United States copyright law, international treaty provisions and applicable laws in the country in which it is being used. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the NexGen Media Player by implication, estoppel or any other legal theory, and all rights not expressly granted in this Agreement are reserved by NexGen Media Player and its assigns, licensors and suppliers. One or more patents cover the features and services associated with this software..
6. Third Party Code; Notice and Attribution.
The NexGen Media Player includes third party software subject to open source license terms, which may include, without limitation, the following applications: FFmpeg, Compression Algorithm, and NSIS Toolkit and Plug-ins. All rights are reserved by the licensors of such code and ownership is attributed as follows:
FFmpeg is used under the LGPLv2.1.
Compression Algorithm: Copyright © 1995-2002 Jean-loup Gailly and Mark Adler.
Reference to copyright ownership is for attribution purposes only and in no event shall be deemed an endorsement by such owners of the NexGen Media Player.
You acknowledge and agree that your right to use these publicly available components of the NexGen Media Player is governed by the terms applicable to each application (“Other Software Terms”). In the event of any conflict with the express terms of this Agreement and the Other Software Terms, the Other Software Terms of such publicly available license shall control your use of the relevant application. In no event shall the NexGen Media Player be deemed “open source” or “publicly available” software.
7. Important Information Regarding NexGen Media Player.
NexGen Media Player incorporates search functionality software (the “Software”), described as follows:
The Software recognizes keywords from your Internet browser to display relevant contextual advertisements. These advertisements may be displayed on your computer screen at any time while you are searching and shopping online (and not necessarily while you are using any product or service related to or downloaded with the Software). The Software neither stores any personally identifiable information nor records your browsing behavior. Please refer to Section 11 (below) for further information about our privacy policies.
7.2. Display of Advertising.
The Software starts automatically when you start your computer, runs in the background on your computer, and may periodically direct you to our sponsors’ websites and/or show you other forms of advertisements (including the Slider format). By installing NexGen Media Player and/or using the Software you grant NexGen Media Player permission to periodically show you advertisements. The frequency of these advertisements will be limited. Depending on Internet activity, active users may see about five (5) advertisements per day; some may see more, some may see fewer. On occasion, you may search for a website and receive an error from your browser software indicating that the site cannot be found. When this occurs, the Software includes a function that may redirect your web browser to our sponsor’s websites based on the content of the website address, or URL, which you entered. You hereby consent to these actions. Please note that you may receive ads for Adult-oriented websites if you utilize keywords connected to, search for or view Adult websites. An Adult website is one that contains or references (whether via audio, video, audiovisual, images, sounds or text) any of the following: profanity, violence, blood and gore, weapons, use of alcohol, drugs, tobacco, online gambling, pornography, erotica, erotic images, nudity, sex, sexually explicit images, and sexual references. NexGen Media Player does not permit ads that are themselves pornographic, nor does it permit advertisements for online “pay-for-play” gambling, either directly or indirectly, in the United States or other jurisdictions where such advertisements are disallowed. More generally, NexGen Media Player does not permit ads promoting illegal products or illegal practices. If you believe you have received an ad that violates these prohibitions, please contact us at the web or street address listed in the last section of this Agreement. We request that you enclose a screenshot of the advertisement (including its ad label) in your communication to us.
7.3. Identification of Advertisements.
The advertisements that the Software presents are not endorsed by or affiliated with the websites that trigger their appearance. Advertisements that the Software presents are branded with a NexGen Media Player brand name in, for example, the browser window. This branding will let you know that the advertisements are brought to you by NexGen Media Player and not by the website you may be viewing when the advertisements are displayed.
You understand and agree that the presence of the NexGen Media Player on your computer is voluntary and that you may remove the NexGen Media Player from your computer at any time. The NexGen Media Player may be uninstalled by uninstalling NexGen Media Player from the “Add or Remove Programs” menu on your computer and clicking the “Remove” button next to the entry for the NexGen Media Player. Specifically, to uninstall the NexGen Media Player, please follow these steps: 1. Go to Start menu; 2. Select Control Panel; 3. Select Add or Remove Programs; 4. Select NexGen Media Player; 5. Click Remove. You may be required to restart your computer in order for the uninstallation to take effect. Please note that the above is the only proper way to ensure complete removal of all NexGen Media Player files — many security applications or other software tools will not completely or properly remove all of the NexGen Media Player files.
NexGen Media Player, in its sole discretion, may provide you with Updates to the NexGen Media Player as part of this Agreement. The NexGen Media Player will automatically check with NexGen Media Player for the existence of any Update that NexGen Media Player has released, and in the event that one is available, the NexGen Media Player will update itself automatically. Nothing herein shall be construed or interpreted as requiring NexGen Media Player to provide Updates. NexGen Media Player will not install any new software or Update that in our reasonable judgment has functionality that is materially different from the functionality of the previously installed NexGen Media Player without your prior consent.
10. Disclaimer of Warranties and Remedies.
10.1. No Warranty; Disclaimer.
YOUR USE OF THE NEXGEN MEDIA PLAYER IS AT YOUR SOLE RISK. THE NEXGEN MEDIA PLAYER IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEXGEN MEDIA PLAYER, AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEXGEN MEDIA PLAYER, AND ITS LICENSORS AND SUPPLIERS, MAKE NO WARRANTY THAT (i) THE NEXGEN MEDIA PLAYER WILL MEET YOUR REQUIREMENTS, (ii) THE NEXGEN MEDIA PLAYER WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE NEXGEN MEDIA PLAYER WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE NEXGEN MEDIA PLAYER WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE NEXGEN MEDIA PLAYER WILL BE CORRECTED. ANY OTHER SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED VIA NEXGEN MEDIA PLAYER OR THE USE OF THE NEXGEN MEDIA PLAYER ARE OBTAINED AND USED AT YOUR OWN DISCRETION AND RISK AND NEXGEN MEDIA PLAYER EXPRESSLY DISCLAIMS ALL WARRANTIES IN AND TO SUCH OTHER SOFTWARE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NEXGEN MEDIA PLAYER, INCLUDING OTHER SOFTWARE, IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEXGEN MEDIA PLAYER OR THROUGH OR FROM THE NEXGEN MEDIA PLAYER SHALL CREATE ANY WARRANTY.
10.2. Limitation of Damages.
NEITHER NEXGEN MEDIA PLAYER NOR ANY OF ITS LICENSORS OR SUPPLIERS WILL HAVE ANY, AND YOU RELEASE NEXGEN MEDIA PLAYER AND ALL OF ITS LICENSORS AND SUPPLIERS FROM ANY, LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE OR OTHERWISE) FOR ANY DAMAGES SUSTAINED BY YOU ARISING FROM THE USE OR INABILITY TO USE THE NEXGEN MEDIA PLAYER OR THE OTHER SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF DATA, SAVINGS, OR PROFITS OR THE COST OF PROCURING SUBSTITUTE GOODS, EVEN IF NEXGEN MEDIA PLAYER OR ANY OF ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NEXGEN MEDIA PLAYER OR ANY OF ITS LICENSORS’ OR SUPPLIERS’ ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US $100.00). THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW OR SHALL BE RECONSTRUCTED TO COMPLY WITH THE DISCLAIMER’S INTENT TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.
Any representations made with respect to, and support or assistance offered by NexGen Media Player in connection with, the NexGen Media Player are offered by NexGen Media Player only and not by any third party providing open source to NexGen Media Player.
11. Use of Information.
11.1. Infringement Reporting Procedure.
NexGen Media Player shall not be responsible for Other Software and/or content hosted by non-NexGen Media Player content providers.
NexGen Media Player does not warrant that the NexGen Media Player will be compatible with your hardware or other software installed on your computer system. Compatibility issues may cause your computer’s performance to suffer. In the event that the NexGen Media Player is not compatible with your hardware or other software installed on your computer system, the NexGen Media Player can be uninstalled. Please refer to Section 8 (above) for detailed uninstall directions. Like all software, the NexGen Media Player utilizes some of your computer’s resources to run, including system memory and your Internet connection. Use of the NexGen Media Player on a computer with inadequate system resources will cause such computer’s performance to suffer.
13. User Representations and Warranties.
You acknowledge, represent and warrant that (a) you own the computer on which you are installing the NexGen Media Player, or have the authority to install the NexGen Media Player on such computer; (b) your installation and/or Use of the NexGen Media Player will not violate any local, state or federal laws that apply to you or to the Use or installation of the NexGen Media Player; and (c) NexGen Media Player is not causing the NexGen Media Player to be installed on your computer, but has provided the NexGen Media Player to you, which you are installing of your own volition.
You agree to defend, indemnify, and hold harmless NexGen Media Player, its licensors and suppliers, and each of their respective officers, directors and employees, from and against any lawsuits, claims, losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of your use of the NexGen Media Player or your breach of this Agreement.
You agree that the NexGen Media Player may not be acquired, shipped, transported, exported, or re-exported (a) into (or to a national or resident of) any U.S. embargoed country or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders. By using the NexGen Media Player, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
16. Governing Law.
Dispute Resolution. This Agreement will be governed by and construed in accordance with the laws of the State of Minnesota, U.S.A., without regard to its choice of law principles to the contrary. Any controversy, dispute or claim arising out of or relating to this Agreement or breach thereof shall be resolved by binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. pursuant to its Comprehensive Arbitration Rules and Procedure (the “Rules”), except as otherwise provided herein. Arbitration shall be the exclusive method of resolving any controversy, dispute or claim arising out of or relating to this Agreement. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. Any arbitration conducted hereunder shall take place in St. Paul, Minnesota. Judgment on any arbitration award may be entered in any court having jurisdiction. The arbitrator’s fee and other expenses of the arbitration process shall be shared equally. The parties shall bear their own respective costs and attorneys’ fees. Minnesota law, to the extent permitted, shall govern all substantive aspects of the dispute and all procedural issues not covered by the Rules. Nothing in this section shall prohibit NexGen Media Player from seeking injunctive relief before an appropriate court to the extent necessary to protect its rights pending resolution of the dispute in accordance with the foregoing provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the webpage, the Software, the services or this Agreement must be made within one (1) year after such claim or cause of action arose or be forever barred.
17. United States Government End Users.
This is the entire agreement between NexGen Media Player and you relating to the NexGen Media Player, and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the NexGen Media Player. If any part of this Agreement is held by a court to be illegal, invalid or unenforceable, then that provision shall be deemed severable and will not affect the validity of the balance of the Agreement, which will remain valid and enforceable according to its terms. This Agreement may only be modified by a writing signed by an authorized officer of NexGen Media Player. If you violate any term of this Agreement, NexGen Media Player may terminate this Agreement without waiving any other rights. This Agreement is assignable by NexGen Media Player. You may not assign your rights and obligations under this Agreement.
19. Contact Us.
If you have any questions about NexGen Media Player, or any Software or related services, please contact us at http://nexgenmediaplayer.com/contact.html